THE LIBRARY OF THE UNIVERSITY OF CALIFORNIA LOS ANGELES SCHOOL OF LAW HAEEIS' PUBLIC LAND GUIDE REVISED STATUTES AND ACTS OF CONGRESS ANNOTATED WITH DECISIONS OF THE DEPARTMENT OF THE INTERIOR RELATING TO PUBLIC LAND A GUIDE SHOWING THE LOCATION OF VACANT LANDS BY COUNTIES AND STATES ON JULY IST, 1911 The homestead, desert, timber and stone, isolated tracts, mineral, oil, gas, petroleum, reclamation, scrip, townsites and parks, and other important laws relating to public land, with Departmental Regulations thereunder, com- piled together with EULES OF PRACTICE annotated. The work treats many subjects from abandonment to words and phrases, among which are applications, absences, accretions, alienation, administrator, approximation, assignments, amendments, contests, cancellations, canals and ditches, citizenship, Carey Act, claims (private), coal lands, commutation, cul- tivation, death of entrymen, decisions, depositions, desert land, deserted wife, equitable homesteads, fees, fencing, forest lands, guardian, gas lands, home- steads, improvements, insanity, isolated tracts, judgment, jurisdiction, Kinkaid law, lieu selection, lost and obliterated corners, married women, mill sites, mineral claims, mining, mortgages, newspapers, occupancy, oil lands, parks and cemeteries, petroleum, practice, railroad grants, repayment, relinquishments, reclamation lands, residence, supervisory control, settlements, second entries, soldiers' homesteads, soldiers' additional rights, scrip regulations, States and Territories, town lots, United States Commissioners, vacant lands, widows and heirs, wagon roads, witnesses, withdrawals, words and phrases, and other important matter relating to public lands. The work contains important approved forms in use by the Department of the Interior, also a number of unapproved forms. It contains a table of circulars, instructions and regulations; a table of over- ruled and modified cases, and a table of revised statutes and laws with annota- tions dating from Volume 1 of decisions of the Department of the Interior relating to public lands. The digest and other features of the work will be found useful in the investigation of the subjects treated. Copyrighted, 1912 BY CHARLES L. HARRIS OF THE YELLOWSTONE COUNTY MONTANA BAR. BILLINGS. MONTANA PETERSON LINOTYPING COMPANY, CHICAGO V -o I V PREFACE. There is need for a work of this nature. That will explain the reason for the publication. "We have not attempted to compile all of the public land laws, nor all of the rules and regulations of the Department of the Interior thereunder. "We have addressed our efforts to the more important of the public land laws, and official regulations there- under. The work covers a wide range of subjects. We have attempted to present the law, the official regulation thereunder, and the decisions of the Department of the Interior, so the reader may draw his own conclusion as to what doctrine to follow. The index method should be understood in order that the best results may be obtained. Read instructions HOW TO USE INDEX. That mistakes have been made is as sure as human accuracy is given to err in such matters. We have exercised such care as would justify the belief that the work will be found uniformly trustworthy. It is not a digest, analysis, or an annotated work, although it contains some of each of such features. It is intended to meet the wants of the lawyer, the entryman, and those having to do with public lands, to the end that their labors may be lessened in investigating the subjects treated herein. HOW TO USE INDEX. First. This work is indexed by subjects. The subjects contain a separate index, either at the commencement or at the end of the subject. By referring to such subject indexes you will readily find the matter under investigation. For example, suppose you are looking up the matter of leave of absence under the three year homestead law. You will first turn to the subject index, which will give you the page number of the subject of leave of absence. When this subject is located you will find a short contents index, and under title 5 you will find the matter we are investigating. Turn to the corresponding number and this will give you the law and regulations of leave of absence as applied to the three year homestead law. Second. In cases where the subjects are short, contents indexes are not given. The subject index in such cases will be found sufficient. Third. How to find a section of the Revised Statutes. Suppos- ing you are looking up Sec. 2289 of the Revised Statutes, and first you wish to know whether or not this section is contained in this book. Turn to the table of Revised Statutes cited and construed, page 342, and if the section appears in the work the fact will be noted in boldface type, giving the page number. In the table mentioned you will find the decisions of the Department of the Interior construing or citing this section. The same rule should be followed in locating an act of Congress. For example, if we are looking for the Act of June 22, 1910 (36 Stat., 583), we will consult the table of acts of Congress cited and construed ; turning to statute No. 36-583, under date given, we will find the act, and if the same appears in the work the fact will be indicated by boldface type, giving page number. Here, too, you will find all the decisions of the Department of the Interior construing this statute. Fourth. Overruled and modified cases. When you find a cita- tion or decision and you wish to know whether or not the same has been overruled or modified, consult table of Overruled and Modified Cases, and this will give you the information. This work covers all of volumes 1 to 39, inclusive, and 608 pages of volume 40 of the decisions of the Department of the Interior relating to public lands. Fifth. How to find circulars. If you know the number of the circular consult the subject index. If the circular was issued with- out number consult Table of Circulars, Regulations and Instructions, under the subject in which you are interested. If you do not find what you are looking for under one head try another, continuing this practice till you locate the circular. When found you will find notation of all circulars issued on that subject, and if the same appears in the work the page number will be indicated in boldface type. The circular will be found by referring to the volume arid page of the land decisions as given in the table, 1 It may be said without exception that all circulars, regulations and instructions are based upon either a Revised Statute or an act of Congress. When these laws are found, all the decisions there- under will be found by consulting the Table of Revised Statutes and acts of Congress cited and construed. The following circular showing vacant lands is a reproduction of the one issued by the General Land Office at Washington, D. C. Department of the Interior, General Land Office, July 1, 1911. [Circular No. 42.] VACANT PUBLIC LANDS IN THE UNITED STATES. The following tables, based on reports furnished by the district land offices, show, by States, Territories, land districts, and counties, the area of unappropriated and unreserved public lands, surveyed and unsurveyed, and a brief description of the character of the vacant lands. No more specific description of the character of the land, climate, water, or timber can be given by the General Land Office. Counties and States in w r hich there are no unappropriated lands are omitted. A township diagram, showing only entered lands in any town- ship, can be procured by sending $1 to the register and receiver of the land office for that district. The diagram required should be specified by township and range number. While the figures in the tables may not be absolutely correct, owing to liability of error in a work of such magnitude and to the necessity of making estimates of unsurveyed lands, it is believed that they afford a close approximation to the actual areas. The statement is intended to inform correspondents and the general public as to whether there is much or little public land in the several land States and Territories and the land districts therein and in particular counties or localities. In many counties only a few acres are reported as vacant. Neither the General Land Office nor the local land officers can fur- nish information as to the location of such tracts, but such informa- tion may be obtained from the records of the local land offices, which, when not in official use, are open to inspection by pros- pective home seekers or their agents. Before entry personal inspection of the lands should be made to ascertain if they are suitable, and when the applicant is satisfied on this point entry can be made at the local land office in the manner prescribed by law, under the direction of -the local land officers, who will give full information. Should anyone desire in- formation in regard to vacant lands in any district before going there for a personal inspection, he should address the register and receiver of the proper local land office, who will give full informa- tion regarding vacant lands and the steps necessary to be taken in making entry. All vacant unappropriated public lands, nonmineral and non- saline in character, are subject to entry under the homestead laws. VACANT PUBLIC LANDS IN THE UNITED STATES. Statement, by States, Territories, Land Districts, and Counties, Showing the Area of Land Unappropriated and Unreserved on July 1, 1911. [Counties containing no unappropriated lands are omitted.] ALABAMA. Land district and county. Area unappropriated and unre- served. Brief description of character of unappropriated and unre- served land. Surveyed. Unsur- veyed. Total. Montgomery : Baldwin Acres. 1,500 280 80 800 80 1,800 2,480 340 2,100 340 4,160 5,360 440 1.200 640 80 840 400 840 80 480 240 1,700 3,000 200 80 320 320 6,840 1,800 6,760 11.760 6,640 6,040 2,200 2,720 160 1,640 80 1,240 160 240 600 440 340 2,400 200 1,200 240 5,000 160 11,160 Acres. Acres. 1,500 280 80 800 80 1,800 2,480 340 2,100 340 4,160 5,360 440 1,200 640 80 840 400 840 80 480 240 1,700 3,000 200 80 320 320 6,840 1,800 6,760 11,760 6,640 6,040 2,200 2,720 160 1,640 80 1,240 160 240 600 440 340 2,400 200 1,200 240 5,000 160 11,160 Marshy pine lands. Agricultural lands, hilly. Mountainous. Do. Pine lands, hilly, sandy. Hilly, diversity of soil. Mountainous. Pine lands, sandy. Timbered, sandy soil. Pine and agricultural. Hilly and broken, mountainous. Do. Mountainous. Uneven, sandy soil. Level, sandy. Hilly, rolling lands. Mountainous. Pine lands, level, sandy. Mountainous. Pine lands, varied soil. Pine lands, light, sandy. Mountainous. Mountainous, hilly. Mountainous. Pine lands, light, sandy. Hilly, broken, sandy. Broken, sandy soil. Do. Mountainous, hilly, broken. Mountainous. Barren. Mountainous. Barren, mountainous. Flat, sandy, part marshy. Broken, hilly, sandy. Mountainous. Hilly, pine lands. Pine lands, hilly, sandy. Pine lands, rolling. Mountainous, hilly, rocky. Mountainous, hilly, varied soil. Flillv. rough, varied soil. Undulating, soil sandy and red. Mountainous, hilly, varied soil. Hillv, red and gray sandy soil. Hilly, broken, diversified soil. Do. Pine lands, rolling. Uneven pine lands, sandy. Mountainous. Barbour Bibb Blount Butler Calhoun Cherokee Chilton Choctaw Clarke . , Clay Cleburne Colbert Coosa Covinpton Crenshaw Cullinan Dale Dekalb Elmore Kscambia Etowah Fayette Franklin Geneva . . . Hale Henry Houston Jackson Lamar Lauderdale .... Lawrence Madison Marion Marshall Mobile Monroe Morgan Perry Pickens .... Pike Randolph St. Clair Shelby Sumter Talladega Tallapoosa .... Tuscaloosa .... Walker Washington . . . Wilcox Winston State total. . . 100.200 100.200 ARIZONA. Phoenix : Apache Cochise Coconino Gila 1,000,733 1.455,463 2.382,120 246 40"> 490.828 1.013,411 2.403.939 1118 653 1,491,561 2,468,874 4,786,068 1 365 058 Mountainous, arid; graz. & timb. Mountainous and grazing lands. Mountainous, grazing, timber. \rid and broken. Graham Maricopa Mohave Navajo Pima Final 805.851 798.618 1,003.488 1,119.'.<;:-: 1,070.855 354 399 1.229.701 3.372.917 6,679.992 393.363 3.507,609 1 794 610 2,035.552 4,171.535 7,683,480 1,513,326 4,578.464 2,149 009 Mountainous, graz. and arid lands. Arid, grazing, broken. Do. Do. Mountainous, arid, & graz. lands. Arid and grazing lands. Santa Cruz! . . . Yavapai 213.125 951 498 47.433 2 Or.,') 3"0 260.558 3,006 818 Mountainous, arid. & graz. lands. Mountainous, timber, grazing. Yuma 637 901 4,874 079 5,512,580 Arid, grazing, broken. Terr, total . . . 12,040.428 28.982.455 41,022.883 VACANT PUBLIC LANDS Continued. ARKANSAS. Land district and county. Area unappropriated and unre- served. Brief description of character unappropriated and unre- served land. of Surveyed. Unsur- veyed. Total. Camden : Ashley Acres. 322 407 734 553 431 678 80 6,313 454 4,006 6,965 1,089 156 819 9,107 727 238 5,407 16,981 1,129 6,375 444 Acres. Acres. 322 407 734 553 431 678 80 6,313 454 4,006 6,965 1,089 156 819 9,107 727 238 5,407 16,981 1,129 6,375 444 Rolling, second and third rate soil. Swampy. Do. Broken. Rolling, second and third rate soil. Rolling. Do. Mountainous. Timber. Mountainous. Very broken. Level and poor. Swampy. Do. Mountainous. Timber. Do. Mountainous. Do. Do. Swampy. Flat and swampy. Productive; mountainous, tim- bered, and mineral. Do. Do. Do. Do. Do. Do. Do. Do. Do. Do. Mountainous, mineral. Productive ; mountainous, tim- bered, and mineral. Do. Do. Productive ; mountainous. Productive ; timbered. Rroken, timbered. Mountainous, timbered. Do. Do. Swampy, timbered. Broken, timbered. Do. Do. Do. Level, timbered. . Broken, timbered. Do. Do. Do. Do. Swampy, timbered. Do. Do. Broken, timbered. r>o. Bradley Calhoun Clark Cleveland Columbia Drew Garland Hempstead .... Hot Spring .... Howard Lafavette .... Little River Miller Montgomery . . . Nevada Ouachita . . Pike Polk Saline Sevier Union Total 63,415 63,415 Harrison : Baxter 50,160 10,160 9,800 21,040 240 1,840 21,820 2,120 17,620 760 26,340 15.380 42,300 40,140 19,960 4,860 17,280 50,160 10,160 9,800 21,040 240 1,840 21,820 2,120 17,620 760 26,340 15,380 42,300 40,140 19,960 4,860 17,280 Benton Boone Carroll Crawford Franklin Fulton Independence . . Iznrd Johnson Madison Marlon Newton goarcv Stone Van Buren .... Washington .... Total 301,820 301,820 Little Rock: Arkansas 240 160 10,960 2,840 8,800 80 120 2,520 6,760 11,640 1,280 280 120 8,440 5,840 11,760 1,040 360 9,840 180 120 1,680 2,480 720 240 160 10,960 2,840 8,800 80 120 2,520 6,760 11,640 1,280 280 120 8,440 5,840 11,760 1,040 360 9,840 ISO 120 1,680 2,480 720 Clay Cleburne Conway Crawford Faulkner Fulton Garland . . . Grant Greene Independence . . Izard Lawrence Montgomery . . . Pnlaski VACANT PUBLIC LANDS Continued. ARKANSAS Continued. Land district and county. Area unappropriated and unre- served. Brief description of character of unappropriated and unre- served land. Surveyed. Un sur- veyed. Total. Little Rock Cont. Randolph Acres. 9,840 3,360 7,600 880 23,240 10,640 1,640 4,760 Acres. Acres. 9,840 3,360 7,600 880 23,240 10,640 1,640 4,760 Broken, timbered. Do. Do. Do. Do. Do. Do. Do. Saline Scott Sebastian Sharp Van Biiron White Yell Total State total. . 150,220 150,220 515.455 515.455 CALIFORNIA. Eureka : Del Norte 7,235 7,235 Very rough, broken, and mountain- ous; timber, grazing, and min- Humboldt .... Mendocino .... 106,190 19 339 18,623 124,813 19,339 eral land. Mountainous ; grazing and tim- ber land ; some mineral. Trinity 72,846 23,068 95,914 land. mineral land. Total 205,610 41,691 247,301 r i Independence : Alpine i 12 045 12,945 Inyo 2,560,715 1,205,823 3,766,538 Kern 574,914 98,041 672,955 Mono 597,788 41,990 638,778 San Bernardino. 2,011,051 1,198,237 3,209,288 Arid, mineral, mountainous. Total 5,757,413 2,544,091 8 301 504 Los Angeles : Imperial 854,675 212560 1 607 235 Kern 128.152 15 147 143 299 Arid level desert mountalous Los Angeles. . . Orange 666,006 20,378 132,592 1,906 798,688 22,284 Do. Mountainous and hilly Riverside San Bernardino. San Diogo 1,330,961 2,068,598 114 837 575,241 958,995 336 839 1,906,202 3,927,593 451 676 Mountainous, rolling, and level desert. Do. Do Santa Barbara.. Ventura 42,830 56,827 6,396 54,438 49,226 111,265 Mountainous and rolling. Do. Total 6 183 354 2 294 114 8 477 468 Redding : Modoc 10 026 21 205 31 231 Principally mountainous timber- Shasta 17,604 35.050 52 654 land. Farming graz , timber, mineral. Siskivou 169.266 116,213 285,479 Do. Tehama 40 340 10 031 50 371 Mostly foothill and graz. land. Trinity 51,748 8 119 59 867 Mountainous timber, grazing, mineral. Total 288 984 190 618 479 60 Sacramento : Amador 17,225 17 225 Grazing, timber, mineral. Butte 55 668 55 668 Calaveras Colusa 79.106 27 299 ' 'l 280 79,106 28 570 Grazing, timber, mineral. Agricultural and grazing. Eldorado 42 430 1 540 43 970 Timber, grazing, and mineral Fresno 31,245 4 560 35 805 Mountain land. Glenn 17.520 17 520 Agricultural and grazing. Lake 9 720 9 7 9 Madera 55 815 55 815 Mariposa 100,834 109 834 Merced 15,420 15,420 Rolling foothills' farming and Napa 26 920 26 9 9 grazing. Nevada 47.613 47.613 Mineral, timber. VACANT PUBLIC LANDS Continued. CALIFORNIA Continued. Land district and county. Aroa unappropriated and unre- served. Brief description of character of unappropriated and unre- served land. Surveyed. Unsur- veyed. Total. Sacramento Cont. Placer Acres. 26,515 22.560 23.960 52,315 39.380 26,600 Acres. 1,540 Acres. 28,055 22,560 24.080 53.915 39,380 26,600 Mineral, timber, and grazing, foothills : farming and grazing. T razing and agricultural. Timber, grazing, mining. Grazing and agricultural. Agricultural, timber, and mineral. Mountain land. Do. Do. Do. Do. Do. Do. Do. Do. Do. Do. Do. Do. Do. Do. Do. Do. Do. Do. Do. Timber, desert, grazing and mineral. Timber, desert, grazing and farming. Mountainous, timber, mineral. Timber, mountainous, and min'ral. Mountainous, grazing, timber. Arid plains and mountainous. Do. Mountainous, grazing. Do. Do. Do. Arid plains and mountainous; timber. Stanislaus .... Tehama Tuolumne Yolo 720 1,600 Yuba Total 727,145 11,240 738,385 San Francisco : Alanieda 1,173 70,581 6,686 1,955 138,961 330,879 50,961 901,086 76.289 312.888 20.164 608.764 34.506 18.674 81,892 71,602 24,571 81,852 8,360 20,801 1,173 73,141 21.133 1.955 138,961 382.806 50.061 905.080 87,809 318.003 20,164 608.764 34.506 24,156 81,892 83.830 30.308 82,652 8,360 20,801 Fresno 2.560 14,447 Kern Kings Lake Mendocino .... Merced 51,927 Monterey 3,994 11,520 5,115 Napa San Benito. . . . San Joaquin . . . San Luis Obispo Santa Barbara . . Santa Clara. . . . Solano 5,482 Sonoma 12,228 5,737 800 Stanislaus Tehama Trinity Ventura Total 2,862,645 113,810 2,976,455 Susanville : Lassen 1,405,938 173,585 17,628 40,660 46,006 17,761 4,254 1,451,944 191,346 21.882 40.660 Modoc Plumas Sierra Total 1,637.811 68,021 1,705.832 Visalia : Fresno 137.605 112.624 33.757 8.361 2.400 9,066 29.055 16,173 11,480 24,128 149,085 136,752 33.757 8,361 2.400 9.006 29,955 67,041 Kern Kings Monterey San Benito San Luis Obispo. Tulare 50,868 Total 349,941 86,476 436,417 Stale total. . . 18.012.903 5.350.061 23.362.964 COLORADO. Del Norte : Chaffoe 3.081 3.081 Mountainous, mineral. Conejos 194,787 194,787 Agricultural, farming, and Postilla 35.386 3,840 39.226 mountainous. Mountainous, prairie, and farming. 1.280 1.280 Mountainous and farming Huerfano 8,017 3 840 11 857 Farming and mountainous. Las Animas. . . . 29,440 29,440 Mountainous. I{io Grande .... 110 000 110.000 Agricultural and mineral. Saguache 321,219 321,219 Do. Total 673,770 37,120 710,890 VACANT PUBLIC LANDS Continued. COLORADO Continued. Land district and county. Area unappropriated and unre- served. Jrief description of character of unappropriated and unre- served land. Surveyed. Unsur- veyed. Total. Denver : Adams Acres. 15.360 6.920 72,800 22,680 5,020 23,480 28,880 17,640 196,820 337,340 40,620 362.640 38,960 Acres. Acres. 15,360 6.Q20 72.800 83,771 5,020 23,480 28,800 17,640 196,820 337,340 40,620 362.640 38,960 7,680 7,880 40,320 Agricultural and grazing. Do. Mountainous, mineral. Mountainous. Arid; grazing, broken. Mountainous, grazing, mineral. Agricultural and grazing. Mountainous, grazing, mineral. Do. Mountainous and grazing. Mountainous, grazing, mineral. Do. Grazing and agricultural. Mountainous, grazing, mineral. Do. Agricultural and grazing. Agricultural, timber, grazing. Mountainous, agricultural, and mineral. Grazing, agricultural, and min'ral. Do. Grazing and mineral. Farming, grazing, mineral. Farming, grazing. Farming, grazing, mineral. Grazing and mineral. ["arming and grazing. Farming, grazing, mineral. Land in this district is graz- ing, farming, and arid. Undulating prairie, grazing, and farming. Undulating prairie and valley land. Prairie, grazing land. Undulating prairie, grazing. Broken, hilly, grazing land. Level prairie, grazing land. Prairie and valley farming land. Mineral and mountainous. Grazing. Mineral, mountainous. Mineral and agricultural. Mineral, mountainous. Grazing. Mountainous, coal, grazing lands. Mineral, grazing, arid. Mountainous, coal, mineral, farm- ing, grazing. Mountainous, mineral, timber, coal, grazing. Arapnhoe Boulder Clear Creek Douglas 61,091 Eagle Elbert Gilpin Grand Jackson Jefferson Larimer Morgan Routt 7,680 Summit .... 7,880 40,320 Weld Total 1,217,360 68.771 1,286,131 Durango : Archuleta 160,240 185,547 273,068 436,403 160,240 273,707 273,068 436,403 Dolores 88,160 La Plata Montczuma .... Total 1,055,258 88,160 1,143,418 Glenwood Springs . Eagle 297,032 861.293 117,975 2,104.600 89,646 1,434,175 297,032 1,001,086 117,975 2,298.043 108.846 1,434.175 335,047 Garfleld 139,793 Mesa Moffatt 193.443 19,200 Pitkin Rio Blanco. . . . Routt 335,047 Total 5.239,768 352,436 5,592,204 Hugo : Chevenne 20,320 20.320 33,910 24,880 Kit Carson 33.910 24,880 Lincoln Total 79,110 79,110 Lamar : Baca 757,851 393,755 17,166 43.872 290,582 3,118 270,697 757,851 393,755 17,166 43.872 290,582 3,118 270,697 Bent Chevenne Kiowa Las Animas. . . . Lincoln Prowers Total 1,777041 1,777,041 Leadville : Chaffee 94,605 16.039 10.237 389,097 1.887 10,458 94,605 39.916 10.237 389.097 1,887 10,458 Fremont 23.877 Lake Park Summit Teller Total 522,323 23,877 546,200 Montrose : Delta 301,525 42,060 962,401 239,073 56.963 34.320 397,157 42,212 358.488 76,380 1,359,558 281,285 Dolores Gunnison Hinsdale 8 VACANT PUBLIC LANDS Continued. COLORADO Continued. Land district and county. Area unappropriated and unre- served. Brief description of character of unappropriated and unre- served land. Surveyed. Unsur- veyed. Total. Montrose Cont. Mesa Acres. 752,672 391,956 257,917 350,062 565,487 Acres. 222,842 146,105 Acres. 975,514 538.061 257,917 350,062 624,240 Coal, farming, mineral, grazing. Do. Agricultural, grazing, mineral, mountainous. Farming, grazing, mineral, timber. Agricultural, rich mineral, graz- ing, coal. Agricultural and grazing. Mountainous. Mountainous and grazing. Agricultural and grazing. One-third mountainous : two- thirds agricultural and grazing. Two-thirds mountainous ; one- third agricultural and grazing. One-third mountainous; two- thirds agricultural and grazing. Grazing. One-third mountainous ; two- thirds agricultural. Grazing. Agricultural and grazing. Three-fourths agricultural ; one- fourth mountainous. Mountainous. Mountainous ; largely mineral. Agricultural and grazing. Do. Do. Do. Do. Do. Do. Montrose . . Ouray Saguache San Miguel . . . Total 58,753 3,863,153 958,352 4,821,505 Pueblo : Bent 61,778 10,711 132.822 1,827 110,227 551,060 269,705 27,280 1,500,880 190,763 493,851 386,132 20,086 52,018 61,778 10,711 132,822 1,827 110,987 551,660 269,705 27,280 1,500,880 190,763 493,851 386,132 20,086 52,018 Costilla Custer Elbert El Paso 760 Fremont Huerfano Kiowa Las Animas . . . Lincoln Otero Pueblo Sasruache Teller Total 3,809,740 760 3,810,500 Sterling : Logan 117,200 95,860 15,600 5,600 269,13ft 108.451 220,254 117,200 95,860 15.600 5.600 269,136 108.451 220,254 Morgan Phillips Sedgwick Washington . . . Weld Yuma Total 832,101 832,101 State totnl. . . 19,069,624 1,529,476 20,599,100 FLORIDA. [The greater part of the lard in the State is level and timbered, and there are no moun- tains. There are some large swamps and marshes in the southern part of the state, j Gainesville : Alachua 4,940 4,940 Low pine land. Baker 1,060 1,060 Do. Bradford 1,426 1,426 Do. Brevard 15,775 15.648 31,423 Low pine and swamp land. Calhoun 6,180 6 180 Low pine land. Citrus 3,440 3,440 Do Clay 7,089 7,089 Do Columbia 921 921 Do. Bade 1,600 15,820 17,420 Do. De Soto 79,998 79.998 Do. Duval 207 1,200 1,407 Do. Escambla 2,071 2,071 Do. Gadsden 53.". 535 Do. Hamilton 459 459 Do. Hernando 1,360 1,360 Do. Hillsboro 1,114 1,114 Low pine and swamp land Holmes 198 198 Low pine land Jarkson 427 427 Do. VACANT PUBLIC LANDS Continued. FLORIDA Continued. Land district and county. Area unappropriated and unre- served. Jrief description of character of unappropriated and unre- served land. Surveyed. Unsur- veyed. Total. Gainesville Cont. Jefferson Layfette Acres. 10 9,624 29,200 30,968 240 4,960 1,147 720 4,719 11,126 2.771 575 11,137 3,760 5,559 600 9,711 4,080 7,996 3,249 2,118 800 600 2,880 15,495 560 6,880 21,253 321,638 Acres. Acres. 10 9,624 29,200 43,768 240 4,960 1,147 720 4,719 11,126 2,771 575 19,457 6,168 13,579 600 9,711 4,080 7,996 81,484 2,118 800 600 2,880 28,575 560 6,880 21,253 477,169 Low pine land. Low pine and swamp land. Low pine land. Low pine and swamp land. Low pine land. Do. Do. Do. Do. Do. Low pine and swamp land. Low pine land. Do. Do. Flat pine land. Low pine land. Do. Do. Do. Do. Do. Do. Do. Do. Do. Do. Do. Do. Lake Lee 12,800 Leon Levy Liberty Madison Menatee Marion Monroe Nassau Orange 8,320 2,408 8,020 Osceola Palm Beach. . . Pasco Polk Putnam St. John St. Lucie 78,235 Santa Rosa. . . . Sumter Suwanee Taylor Volusia 13,080 Wakulla Walton Washington . . . State total.. 155,531 IDAHO. Blackfoot : Bannock 348,676 260,088 608,764 Mountainous and agricultural Bear Lake Bingham Elaine 56,000 203,112 11,970 197,228 516,350 253,228 719,462 11,970 lands. Do. Do. Do. Bonneville .... Fremont 200,400 652,604 576,431 1,200,249 776,831 1,852,853 Do. Do. Lemhi 29,000 29,000 Do. Oneida 167 120 478 315 645 435 Do. Total 1 639 882 3,257,661 4,897,543 Boise : Ada 78,837 228,496 307,333 Arid mountainous, timbered. Boise 149,770 113,482 263,252 Mountainous, timbered, mineral, Canyon 142411 5 631 148 042 grazing. Arid and grazing. Elmore 235.555 73,611 309 166 Arid mountainous, mineral. Idaho 15,399 619,995 (>::. ".:','. 14 Mountainous, mineral timber. Owyhee 574,537 2,684,980 3,259,517 Arid, mountainous, mineral, graz- Washington . . . 396,040 93,655 489,695 ing. Arid, mountainous, timber, mineral. Total 1,592 549 3 819 850 5 412 399 Coeur d'Alene : Bonner 26,527 8,000 34,527 Agricultural and timbered. Kootenai Shoshone 105.818 33,919 12,998 48,530 118,816 82,449 Do. Agricultural, timbered, mineral. Total 166,264 69,528 235,792 Hailey : Bingham Blaine 15,458 618 614 54,400 2,375 176 69,858 2 993,790 Lava and sagebrush plains. Mountainous, grazing, sagebrush Boise 112,500 112,500 plains. Mountainous and grazing. Cassia 543,610 774,787 1,318,397 Grazing, sagebrush plains. Custer 101 200 2,373,780 2,474,980 Mountainous, grazing. Elmore 165,703 293,760 459,463 Do. Fremont 37.271 33,880 71,151 Lava and sagebrush plains. 10 VACANT PUBLIC LANDS Continued. IDAHO Continued. Land district and county. Area unappropriated and unre- served. Brief description of character of unappropriated and unre- served land. Surveyed. Unsur- veyed. Total. Hailey Cont. Idaho . . Acres. 23.569 287,980 433,720 111,250 273,910 Acres. 1,000.960 2,385.650 662,180 353.680 311.367 Acres. 1,024,529 2,673.630 1,095.900 464,930 585,277 Mountainous, grazing. Mountainous and arid prairie. Lava and sagebrush plains. Do. Do. Mountainous. Mountainous, timbered, agricul- tural. Do. Mountainous. Do. Lcmhi Lincoln Owvhco .Twin Falls Total 2,612.285 10,732,120 13.344,405 Lewiston : Clearwater Idaho 28.947 93,271 1.380 5,950 39,804 28,947 120,471 2.020 31,000 50,460 27,200 640 25,050 10,656 Latah Lewis Nez Perces .... Total 169,352 63.546 232,899 State total.. 6,180,332 17,942,705 24,123,037 KANSAS. Dodge City : Barber 240 2,195 425 2.357 2.080 1,660 4,345 160 120 1,119 356 1,720 9.862 29,993 80 1,280 9,491 320 5,692 3,601 160 240 2,195 425 2,357 2,080 1,660 4,345 160 120 1,119 356 1,720 9,862 29,993 80 1,280 9,491 320 5.592 3,601 160 Broken. Broken, sandy. Do. Do. Grazing. Agricultural. Part grazing, part broken sandy. Grazing. Rough, grazing. Part grazing, part broken a sandy. Rough, sandy. Agricultural. Grazing. Do. Rough, grazing. Agricultural. Grazing, part broken and s. Sandy. Grazing. Do. Do. V Farming, grazing. Agricultural. Do. Farming, grazing. Do. Agricultural. Do. and nd mdy. Clark . Edwards Grant Greeley Hamilton Ilask-ll Hodgeman .... Meade Morton Scott Stafford Wichita Total 77,156 77,156 Topeka : Cheyenne 18,840 2,726 4.080 1.800 320 160 3,320 18.840 2.726 4,080 1,800 320 160 3,320 Sherman Total 31,246 31,246 State total . . 108,402 108,402 11 VACANT PUBLIC LANDS Continued. LOUISIANA. Land district and county. Area unappropriated and unre- served. Brief description of character of unappropriated and unre- served land. Surveyed. Unsur- veyed. Total. Baton Rouge : Acres. 104 1,363 155 1,142 4,095 5,721 8,829 3,303 3,979 3,624 5,516 1,440 53 40 210 100 427 820 959 1,256 137 7 160 169 260 2,940 932 3,228 159 375 65 563 822 4,600 2,384 49 1,482 412 161 29 117 78 476 930 1,815 2,138 22 2,320 40 446 561 Acres. Acres. 104 1,363 155 1,142 4,095 5,721 8,829 3,303 3,979 3,624 5,516 1,440 53 40 210 100 427 820 959 1,256 137 7 160 169 260 2,940 932 3,228 159 375 65 563 822 4,600 2,384 49 1,482 412 161 29 117 78 476 930 1,815 2,138 22 2,320 40 446 561 Prairie. Swampy. Do. Prairie and pine woods. High pine woods. Do. Do. Prairie and pine woods. High pine woods. Pine woods. High pine woods. Do. Pine lands. Low pine woods. Pine woods. Pine woods, hilly. Pine woods. Agricultural. Pine woods. hllTy. Low, swampy. Agricultural. Pine woods. Do. Hardwoods. Pine woods. Do. Do. Ordinary farming and pine land. Do. Pine woods and agricultural. Pine woods. Do. Do. Farming and swampy. Do. Pine woods. Prairie and pine woods. Prairie land. Do. Pine woods. Do. Alluvial soil. Low, swampy. Pine woods and agricultural. Prairie land. Pine woods. Pine woods and alluvial soil. Pine woods. Pine woods and alluvial soil. Do. Do. Assumption . . . Avovelles Bieriville Bossier Caddo Calcasieu Caldwell Catahoula .... Claiborne . . . . De Soto .... East Baton Rouge East Carroll. . . East Feliciana. . Franklin Grant Iberia Jackson Jefferson Lafourche .... Lafayette Lincoln . . Livingston .... Morehouse .... Natchitoches . . Ouachita Plaquemines . . Pointe Coupee. . Rapides Red River. . . . Richland . . Sabine St. Bernard St. Charles . . . St. Helena . . . St. Landrv . . . St. Martin . . . St Mary St. Tammany . . Tangipahoa . . . Tensas Terrebonne .... Vermilion .... Vernon Washington . . . West Carroll . . West Feliciana. Winn State total . . . 70,313 70,313 MICHIGAN. Marquette : Alcona 2,342 2,342 Light soil. Alger 2,157 2,157 Fair farming land. Alpena 1,280 1,280 Do. Antrim . 134 134 Do. 4,426 4,426 Timbered farming land. 920 920 Good farming land. Charlevoix .... 3,770 3,770 Fair farming land. Cheboygan .... 827 827 Do. 16,601 16,601 Timbered farming land. Clare 2,257 2.257 Fair farming land. Delta 9,241 9,241 Timbered farming land. 1,772 1,772 Do. Emmet 102 102 Light farming land. Gladwin 320 320 Do. 12 VACANT PUBLIC LANDS Continued. MICHIGAN Continued. Land district and county. Area unappropriated and unre- served. Brief description of character of unappropriated and unre- served land. Surveyed. I" n sur- veyed. Total. Marquette Con'. Grand Traverse Hougbton .... losco Acres. 379 331 872 1,042 3,028 10 951 Acres. Acres. 379 331 872 1,042 3.028 10,951 200 1,047 4,642 3,144 426 10,139 439 38 60.1 1,917 717 80 120 846 400 582 1,302 280 360 15,970 125 Good farming land. Timbered farming land. Light farming land. Timbered; sandy loam. Lisht soil ; some timber. ~ Do. Very light soil. Good farming land. Fair farming land ; some timber. Do. Fair farming land. Timbered farming land. Fair farming land. Third-rate farming land. Timbered farming land. Good farming land. Fair farming land. Good farming land. Fair farming land. Good farming land. Do. Timbered farming land. Mostly light soil. Good farming land. Fair farming land. Fair farming land : some timber. Good farming land. Iron Kalkaska . . Keweenaw .... Lake 200 1,047 4.642 3,144 425 10,139 439 38 605 1,917 717 80 120 846 400 582 1,302 280 360 15,970 125 Leelenau Luce Macklnac Manistee . . Marquette .... Mason Mecosta Menominee . . . Missaukee .... Montmorency . Muskegon .... Newavgo Ogemaw Ontonagon .... Oscoda Otsego Presque Isle. . . Schoolcraft . . . Wexf ord State total.. 105,130 105,130 MINNESOTA. Cass Lake : Beltrami 284,280 284,280 Timbered agricultural swampy Cass . . 5 540 5,540 Timber brush and swamp Hubbard 760 760 Timber and prairie Itasca 6,020 6.020 Timbered agricultural' swampy Koochlching . . . 203,100 45,965 249,065 Do. Total 499,700 45,965 545,665 Crookston : Beltrami 750,946 750,946 Brush and timber* some swamp Clearwater .... 5,305 5,305 Brush, timber and swamp Kittson 560 560 Good land some swamp Marshall 41,788 41,788 Do. Pennington .... 27,200 27,200 Reclaimed swamps. Red Lake 454 454 Level low some swamp 173,434 173,434 Brush land' some swamp Total 999,687 999,687 Duluth : AUkin 1,400 1,400 Agricultural and timber Carlton 920 920 Do Cass 1,240 1,240 Cook 132,950 132,950 Timber iron nickel' light soil Crow Wing. . . . 320 320 Hubbard 120 120 Broken and rough Itasca 4,800 4,800 Largely timber gold in north, Kanabec 120 120 with light soil : agricultural in south : iron belt in center, run- ning east and west. Koochiching . . 4.000 4,000 Agricultural timber Lake 39,400 39,400 Timber* light soil iron 350 350 Pine . . 460 460 Pope 40 40 Wet St Louis .... 73,400 73,400 Iron timber and agricultural 120 120 Total 259,640 259 640 State total . . 1,759,027 45,965 1,804,992 13 VACANT PUBLIC LANDS Continued. MISSISSIPPI. Land district and county. Area unappropriated and unre- served. Brief description of character of unappropriated and unre- served land. Surveyed. Unsur- veyed. Total. Jackson : Adams Acres. 240 40 2,660 2,040 1,400 1,000 360 480 680 3,040 5,100 1,000 800 440 3,980 80 2,760 240 200 240 480 80 1,080 120 960 720 280 280 3,940 1,320 2,120 280 320 360 280 1,040 400 320 520 4,360 2,500 2,440 1,540 320 120 Acres. Acres. 240 40 2,660 2,040 1,400 1,000 360 480 680 3,040 5,100 1,000 800 440 3,980 80 2,760 240 200 240 480 80 1,080 120 960 720 280 280 3,940 1,320 2,120 280 320 360 280 1,040 400 320 520 4,360 2,500 2,440 1,540 320 120 Agricultural and timber lands. Do. Do. Good agricultural land. Agricultural and timber lands. Do. Do. Pine woods farming land. Agricultural and timber lands. In pine belt, mostly level. Agricultural and timber lands. Do. Do. Do. Flat surface, sandy soil. Good farm land, somewhat hilly. Agricultural and timber lands. Farming land, somewhat broken. Do. Do. Do. In pine belt. Farming land. Do. Broken, good timber and farm land. Agricultural and timber land. Broken timber and farm land. Hilly ; good farming land. Level ; farm and grazing lands. Agricultural and timber lands. Do. Do. Broken; good farming land. Agricultural and timber lands. Generally level farming and grazing land. Generally level pine-woods land. Agricultural and timber lands. Generally level farming and grazing land. Agricultural and timber lands. Very hilly. Away from river. Agricultural and timber land. Do. Do. Do. Swampy ; good farming land. Amite Attala Carroll Choctaw Clarke Copiah Forest Franklin George Greene .... Grenada Hancock Harrison .... Horn Island.. . Hinds Jackson Jasper Jefferson Jones Kemper I .a mar Lauderdale . . . Lawrence Leake Leflore Lincoln Marion Monroe Montgomery . . Neshoba Newton Noxubee Oktibeha Pearl River. . . . Perry Smith Tallahatchie . . Warren Wayne Webster Wilkinson Winston Yalobusha Yazoo State total . . 51,960 51,960 MISSOURI. Springfield : Barry 36 36 Broken timber land Camden 40 40 Timbered land Douglas 80 80 Hilly Hickory 80 80 Broken timber land Iron 120 120 Timbered hilly McDonald .... 82 82 Broken timber land Madison 80 80 Timbered ; hilly. Oregon 80 80 Broken Ozark 40 40 Timbered ' hills and valleys Phelps 40 40 Broken Pulaski 184 184 Reynolds .... 40 40 Shannon 208 208 Hilly and timbered Ste. Genevieve. 40 40 Taney 120 120 Timber lands, hills, and valleys. Texas 40 40 Hilly farm land Washington .. . 40 40 Webster 53 53 Wright 40 40 State total . . 1,483 1,483 14 VACANT PUBLIC LANDS Continued. MONTANA. Land district and county. Area unappropriated and unre- served. Brief description of character of unappropriated and unre- served land. Surveyed. Unsur- veyed. Total. Billings : Carbon Acres. 336,090 73,019 397,602 459,351 Acres. 69,120 806 165,120 460,800 Acres. 405,210 73,825 562,722 920,151 The general character of these lands is grazing, dry farming, timber, and stone and coal. Principally arid. One-third good farming land ; two-thirds mountainous. One-fourth good farm land; three- fourths mountainous. Principally arid. One-fourth arid ; three-fourths mountainous. One-third good farm land; two- thirds arid and mountainous. Grazing and mountainous. Arid and mountainous. Grazing and farming. Agricultural and grazing. Grazing and agricultural. Do. Broken, grazing land. Mountainous and agricultural. Agricultural and grazing. Mountainous, grazing, and agri- cultural. ' i Mountainous and grazing. Mountainous and agricultural. Grazing and agricultural. Mountainous, some agricultural. Mountainous. Do. Mountainous, grazing, and agri- cultural. Do. Do. Do. Do. Mountainous, some agricultural. Do. Do. Do. Valleys, mountainous, timber, grazing. Mountainous, timberland. Agricultural, timber, valleys, and mountainous. Musselshell . . . Yellowstone . .. Total 1,266,062 695,846 1,961,908 Bozeman : Broadwater . . . Carbon 24,31?t 102,316 48,507 39,646 137,770 92,499 382,802 33,341 12,160 10,880 11,139 8,723 112,682 1,742 36,473 113,196 59,646 48,369 250,452 94,241 382,802 33,341 ( Julia t in Jefferson Madison Park Sweet Grass . . . Yellowstone . . . Total 861,194 157,326 1,018,520 Glasgow : Dawson 168,900 2,366,735 1,102,651 2,746,287 1,271,551 5,113,022 Valley Total 2,535,635 3,848,938 6,384,573 Great Falls: 92,980 443,520 1,640 22,688 643,200 69,060 12,960 15,360 26,240 72,603 162,040 456,480 17,000 48,928 715,803 Chouteau Lewis & Clarke. Teton Total 1,204,028 196,223 1,400,251 Havre : Chouteau Helena : Beaverhead . . . Broadwater . . . Cascade 1,692,680 2,009,305 3,701,985 286,536 97,402 13,682 43,102 6,728 85.530 2,259 837,377 348,944 274,137 6,336 124,566 90,419 9,067 34,732 224,701 87,785 14,133 18,809 511,237 185,187 27,815 61,911 6,728 147,239 183,094 946,710 966,412 344,167 26,760 350.466 106,718 9,067 109,770 Deerlodge Gallatin Granite 61,709 180,835 108,333 617,468 70,030 20,424 225,900 16,299 Jefferson Lewis & Clarke. Madison Park Powell Silverbow Sweet Grass . . . Teton 75,038 Total 2,261,817 1,721,464 3,983.281 Kalispell : Flathead 133,252 3,785 49,788 960 134,212 3.785 49,788 Total 186,825 960 187,785 15 VACANT PUBLIC LANDS Continued. MONTANA Continued. Land district and county. Area unappropriated and unre- served. Brief description of character of unappropriated and unre- served land. Surveyed. I'nsur- veyed. Total. Lewlstown : Choutcau .... Acres. 70,608 210,661 910,203 27,607 309,741 13,760 40,494 Acres. i7,^::i 31 !!..",( Ill 1,012,000 31,140 56,750 130,450 Acres. 96,842 580,161 1,922,203 58,747 :',<;.{ 7 6.537 42,741 299,529 27.421 84,723 Divide IL'.TH 299,529 27.421 84,723 McKinzie Montrail . Williams Total 460,951 460,951 State total.. 1,300,333 1,300,333 19 VACANT PUBLIC LANDS Continued. OKLAHOMA. Land district and county. Area unappropriated and unre- served. Brief description of character of unappropriated and unre- served land. Surveyed. Unsur- veyed. Acres. Total. Guthrie : Kiaine Acres. 1,385 650 794 489 458 4,236 5,053 33 277 640 10 9 8 150 4,740 80 Acres. 1,385 650 794 489 458 4,236 5,053 33 277 640 10 9 8 150 4,740 80 Grazing land. Mountainous and sandy. Grazing land. Rough grazing land. Broken and rocky. Grazing lands. Do. Rough grazing land. Grazing lands. Mountainous. Sandy grazing lands. Grazing lands. Do. Rough grazing land. Grazing lands. Rough grazing lands. Rough, unfit for cultivation. Mountainous. Rough, unfit for cultivation. Do. Do. Gracing lands. Caddo Canadian Cleveland C'uster Ellis Dewev Grant Kingfisher .... Kiowa Lincoln Logan Oklahoma Pottawattomie Roger Mills.... Washita Total 19,012 19,012 Lawton : Beckham 9,310 1,298 6,580 2,905 3,694 120 9,310 1,298 6,580 2,905 3,694 120 Comanche Greer Jackson Roger Mills Tillman Total 23,907 23,907 Woodward* Stato total. .. 42.919 42,919 OREGON. Burns : Crooks 88,075 180.210 2,587.957 13,080 88,075 183,250 3,913.279 13,080 Principally grazing : some timber, grazing, timber, and farming. Do. Do. 55 per cent timbered mountains, 10 per cent arid. 25 per cent grazing, 10 per cent farming. 50 per cent timbered mountains, 35 per cent grazing, 15 per cent farming. 25 per cent timbered mountains, 40 per cent grazing, 25 per cent arid, 10 per cent farming. 30 per cent timbered mountains. 30 per cent arid, 35 per cent grazing, 5 per cent farming. 75 per cent timbered mountains, 15 per cent grazing, 10 per cent; farming. .">0 per cent timbered mountains, 45 per cent grazing, 5 per cent farming. One-tenth mountainous, two- tenths agricultural, seven- tenths grazing. Two-tenths timber, three-tenths agricultural, five-tenths grazing. Three-tenths timber, one-tenth mountainous, three-tenths agri- cultural, three-tenths grazing. Grant 3,040 1,325,322 Harney Wheeler Total 2.869,322 1,328,362 4,197,684 La Grande : Baker 401,680 194,680 59,240 115,960 58,960 158,560 25,500 427,180 194,680 59,240 115,960 58,960 172,000 Grant Morrow Umatilla Union Wallowa 13,400 Total Lakeviow : Crook 989,080 39,940 1,028,020 422,946 738,120 2,134. r.L'n 48,500 123,473 446,930 471,446 861,593 2,581,450 Klamath . . . Lake Total 3,295.586 618,903 3,914,489 *No vacant or unappropriated land in this district. 20 VACANT PUBLIC LANDS Continued. OREGON Continued. Land district and county. Area unappropriated and unre- served. Brief description of character of unappropriated and unre- served land. Surveyed. Unsur- veyed. Total. Portland : Benton Acres. 1,981 8,389 1,339 40 14,846 1,760 40 2,360 451 29,976 360 4,287 Acres. 440 Acres. 2,421 8,389 6,259 40 56,362 18,760 40 2,360 451 29,976 360 4,287 Broken, grazing lands. Timbered, farming, and grazing lands. Timbered and grazing lands. Broken, grazing, agricultural. Timber and grazing lands, broken. Timber and grazing lands. Farming and timber lands, broken. Timberland. Broken.timber, and grazing lands. Timber and grazing lands, broken. Broken, timbered, grazing, agri- cultural. Rolling, timber, and grazing lands. Timber and grazing lands. Timber, agricultural. Mountainous, timber. Mineral, grazing and agricultural. Timber, grazing, fruit. Fruit, farming, and mining. Timberland. Timber, farming, and mining. Broken, grazing. Hilly, grazing. Lands in district are broken and hilly, and principally adapted to grazing purposes. There are some small valleys and some undulating table-lands which constitute good farming lands. Greater portion is broken, hilly, and mountainous. Grazing, timber, and farming. Do. Do. Do. Clackamas .... Clatsop 4,920 Columbia Lincoln 41,516 17,000 Linn Marion Multnomah . . . Polk Tillamook Washington . . . Yamhill Total 65,829 63,876 129,705 Roseburg : Benton 4,051 Ifi.SitO 34,984 27,072 50,556 30,337 600 20,028 1,140 277 4,051 23,819 36,224 41,532 53,436 55,725 600 20,028 1,140 277 Coos 6,920 1,240 14,460 2,880 25,388 Curry Douglas Jackson Josephine Klamath Lane Lincoln Linn Total 185,944 50,888 236,832 The Dalles : Crook 931,000 104,120 43,920 840 21,000 56.680 235,015 284,000 11,520 1,760 942,520 105,880 43,920 840 21.000 57,320 235,015 284,000 Gilliam Grant Hood River. . . . Morrow Sherman 640 Wasco Wheeler Total .... 1,676,575 13,920 1,690,495 Vale: Baker 313,833 44,565 596,594 3,419,918 313,833 44,565 396,594 5,300,958 Grant Harney Malheur 'i,88i',646 Total 4,174,910 1,881,040 6,055,950 State total . . 13,257,246 3,995,929 17,253,175 SOUTH DAKOTA. Bellefourche : Butte 684 720 684 720 Prairie, graaing, and farming. Harding Lawrence 290,400 5,880 290,400 5,880 Do. Mountainous. 57 720 57,720 Broken, grazing Total 1,038,720 1,038,720 Chamberlain : Brule 1 990 1,990 Broken and grazing lands. 14,680 14,680 Rough and rolling grazing lands. 46 580 46,580 Do. Total 63 250 63,250 21 VACANT PUBLIC LANDS Continued. SOUTH DAKOTA Continued. Land district and county. Area unappropriated and unre- served. Brief description of character ot unappropriated and unre- served land. Surveyed. Unsur- veyed. Total. Gregory : Acres. 7,826 49,685 Acres. Acres. 7,826 49,685 Mountainous. Grazing and farming. Prairie land ; much of it rough and rolling and with many buttes ; stony hills. Lake beds and stony. Farming and grazing lands. Grazing lands. Do. Broken. Lake beds and stony. Grazing lands. Farming and grazing lands. Broken, agricultural, mineral, timber, and grazing. Part hilly; agricultural, grazing, and timbered. Broken timbered, mining and prairie, agricultural and grazing Part hilly and part prairie : min- eral, agricultural, and timber land. Agricultural, grazing, mineral, and timbered; partly mountainous. Swampy. Agricultural and grazing. Rolling, farming, and grazing. Lowlands. Rolling, farming, and grazing. Agricultural and grazing. Do. Rough. Rolling, farming, and grazing. Agricultural and grazing. Trim) Total r>7,.~ii i 57,511 Lommon : Corson (S. D.) . Harding (S. I). ) Morton (N. D.) Perkins (S. D.) Total .... 250.414 214,080 43,397 137,480 250,414 214,080 43,397 137,480 645,371 645,371 Pierre : Hand 62 2,360 33 1,560 1,595 560 268,460 9,990 62 2,360 33 1,560 1,595 560 268,460 9,990 Hughes Hyde .... I. VI1KUI Potter Spink Stanley . Sully Total . 284,680 i 284,620 Ranid City: Custer 90,120 200,530 1,720 168,900 257,100 84,000 16,640 22,080 174,120 217,170 23,800 168,900 257,100 Fall River Lawrence Pennington . . . Total 718,370 122,720 841,090 Timber Lake : Brown 160 1,800 90,440 65' 201,368 80 80 40 448. W.\ 240 160 1,800 90,440 65 201,363 80 80 40 448,463 240 Campbell Corson Day Dewey Edmunds McPherson .... Marshall . . . Schnasse Walworth Total . 742,731 742,731 State total . . 3,550,573 122,720 3,673,293 UTAH. Salt Lake City : Beaver 299,731 1,069,599 1,369,330 Generally arid, grazing, and Boxelder 1,473,872 569,952 2,043,824 mountainous. Do. Cache 53,675 239,057 292,732 Do. Carbon 522,856 215,146 738,002 Do. Davis 32,642 10;964 43,606 Do. Emery 331,491 1,835,881 2,167,372 Do. Garfleld 327,942 2,221,661 2,549,603 Do. Grand 507 r.HT 1,295,744 1,803,351 Do. Iron 448,558 862,388 1,310,946 Do. juab 615 054 1,164.064 1,779,118 Do. Kane 504,239 1,812,931 2,317,170 Do. Millard 1,202.083 2,322,015 3,524,098 Do. Morgan 52.062 62.056 114.118 Do. VACANT PUBLIC LANDS Continued. UTAH Continued. Land district and county. Area unappropriated and unre- served. Brief description of character of unappropriated and unre- served land. Surveyed. Unsur- veyed. Total. Salt Lake City Contd. Piute Acres. 147,563 298,060 23,701 236,853 304,546 526,062 119,870 1,263,633 105,522 16,668 391,079 220,425 83,829 Acres. 78,875 21,487 29,335 3,669,011 38,691 200.999 7,557 2,402,608 361 ,525 291,567 521,246 1,197,756 25,211 Acres. 226,438 319,547 53,036 3,905,864 343,237 727,061 127,427 3,666,241 467,047 308.235 912,325 1,418,181 109,040 Generally arid, grazing,and tainous. Do. Do. Do. Do. Do. Do. Do. Do. Do. Do. Do. Do. Arid, mountainous, mineral cultural, grazing. Do. moun- , agrl- Rich . Salt Lake San Juan Sanpete Sevier Summit Tooele Utah Wasatch Washington . . . Wavne Weber Total 10,109,623 22,527,326 32,636,949 Vernal : Uintah 1,013,774 464,172 919,709 1,933,483 464,172 Total 1,477,946 919,709 2,397,655 State total . . . 11,587,569 23,447,035 35,024,604 WASHINGTON. North Yakima : Benton . . 65 200 65,200 Irrigated, arid, mountainous. Grant Kittitas 24,680 125,000 220,666 24,680 345,000 Do. Irrigated, arid, mountainous timbei Yakima 87,000 274,500 361.500 Irrigated, arid, mountainous. Total 301,880 494,500 796,380 Olympia : 240 240 Mountainous timbered lands. 146 146 Do. King 1,053 1,053 Do. 40 40 Do. 975 975 Do. 281 281 Do. 44 44 Do. Total 2 779 2,779 Seattle : Clallam 1,600 1,000 2,600 Mountainous and broken: good 400 400 supply of excellent timber. Rough and broken. King 3.000 2.500 5,500 Broken and mountainous. 2 500 2,500 Broken, with little timber Skagit . 5,800 8.666 13,800 Broken, heavily timbered, and 2,000 2,000 mountainous. Do. Whatcom 3,500 5.000 8,500 Do. Total 16,800 18,500 35,300 Spokane : 17,666 17,666 Arid lands valuable for fruit and 1.500 1,500 grain. Arid lands Ferry 36,432 10,880 47,312 Farming, grazing, timber, and 44,189 44,189 mineral. Farming and grazing Okanogan 11,302 1,259 19,960 31.262 1,259 Farming, grazing, and mineral. Do. Stevens 148.560 195,180 343,740 Mountainous, farming, and min- 545 545 eral. Grazin 7t> 31,345 I,ti12 540 4.:{sr <:> Acres. 560 7,080 1,280 2,240 Acres. 2,281 10,75C 32,62', 3,852 540 8,425 62 Timbered and agricultural. Do. limbered, agricultural, grazing. Timbered and agricultural. Do. Do. Timbered. Prairie, farming, and grazing lands. Mountainous, some timber, and prairie. Desert, grazing, some timber, prairie, and farming. Mountainous, some timber, and prairie. Prairie, grazing lands ; no timber. Farming, grazing and timber. Grazing and farming; some tim- ber. Do. Prairie, farming, and grazing lands. Mountainous, timber, farming. Do. Prairie, farming, and grazing. Do. Cowlitz Klickitat Lewis Pacific Skamania 4,040 Wahkiakum . . . Total 43,:<:{r> 15,200 58,535 Walla Walla : Adams 11,227 68,349 35,034 11,969 35,595 8,035 13,517 12,295 15,991 11,227 68,349 35,934 11,969 35,595 8,035 13,517 12,295 15,991 Asotin Benton Columbia Franklin Garfield .... Klickitat Walla Walla... Whitman Total 212,912 212,912 Watervllle : Chelan 27.428 73,122 95,388 162,634 2,560 4,080 l'9,266 29,988 77,202 95,388 181,834 Douglas Grant Okanogan ..... Total . . . 358,572 25,840 384,412 State total. . . 1,196.231 781.560 1.977.7!'! WISCONSIN. Wausau : Adams 100 100 Scrubbv oak openings sandy Ashland 60 60 Farming and timber lands. Barron 40 40 Level timber lands. Bayfleld 2 640 2 640 Farming and timber lands Buffalo 200 200 Broken, agricultural lands. Burnett 2,280 2,280 Ordinary agricultural lands. Chippewa 160 160 Timber and agricultural lands. Clark 360 360 Do. Douglas 1 440 1,440 Farming and timbered lands. Dunn 240 240 Timbered, broken, agricultural Eau Claire 240 240 lands. Agricultural lands Florence 80 80 Broken, timbered lands. Forest 160 160 Heavily timbered lands. Iron 120 120 Stony Jackson 440 440 Agricultural lands. Juneau 80 80 Do. Lincoln 40 40 Heavily timbered, some swampv. Marathon 100 100 Broken. Marinette 600 600 Swampy, timbered lands. Monroe 440 440 Agricultural and grazing. Oconto 160 160 Timbered lands. Oneida 1 000 1,000 Heavily timbered, part swampv. Polk 400 400 Farming. Portage 40 40 Sandy soil. Price 320 320 Timbered lands. Rusk 280 280 Broken. Sawver 400 400 Timbered, farming, swampy. Shawano 40 4C Swampy. Taylor 120 120 Timbered lands. Trempealeau . . 80 80 Broken lands. Vilas 120 120 Heavily timbered, part swampy. Washburn 720 720 Timbered, agricultural lands. State total. . . 13,500 13,500 24 VACANT PUBLIC LANDS Continued. WYOMING. Land district and county. Area unappropriated and unre- served. Brief description of character of unappropriated and unre- served land. Surveyed. L 7 nsur- veyed. Total. Buffalo : Bighorn Acres. 2,320,424 10,400 304,252 12,536 2,166,133 70,838 743,050 298,554 Acres. 560,577 Acres. 2,881,001 10,400 304,252 12,530 2,201,333 70,838 916,170 298,554 Grazing, mountainous, timber, agricultural. Grazing. Do. Do. Agricultural, grazing, timber, mountainous. Grazing. Timber, grazing, agricultural, mountainous. Grazing. About one-half county broken, mountainous land. Other half prairie, grazing, and farming lands ; farm land along streams. Greater portions broken, moun- tainous land ; some timber, ag- ricultural land along streams. Mountainous, arid, timber. Principally prairie and broken grazing lands, with agricultural land along streams which can be irrigated. Mountainous, broken and alkaline plains. Grazing, mountainous, and mineral. Grazing and mountainous. Grazing, mineral, and mountainous. Mountainous. Do. Do. Mountainous, farming, grazing, and timber. Arid, mountainous, grazing, and farming. Mountainous, broken, and grazing. Prairie and grazing lands; good for farming. Semimountainous, with fertile valleys. Timber, grazing, and farming lands. Converse Crook Fremont Johnson 35,200 Natrona . . . Sheridan 173,120 Weston Total 5,926,187 768,897 6.695.08J Cheyenne : Albany 1,051,285 2,108,950 161,071 2,041,031 551,933 21,581 10,701 32,979 1,072,866 2,119,651 194,050 2,041,031 551,933 Carbon Fremont Sweetwater . . . Total 5,914,270 65,26.1 5,979,531 Douglas : Converse 2,949,531 796,977 2,786,179 6,400 20,622 104,716 2,955,931 817,599 2,890,895 Fremont Natrona Total 6,532,687 131,738 6,664,425 Evanston : Fremont 577,823 3,746,115 1,701,448 583,337 338,947 611,200 1,161,160 4,085,062 2,312,648 Sweetwater . . . L'inta Total 6,025,386 1,533,484 7,558,870 Lander : Bighorn 507,818 2,189,246 872,38;i 700 120,593 43,569 508,518 2,309,839 915,952 Fremont Park Total 3,569,447 164,862 3,734,309 Sundance : Converse 90,186 1,296,039 1,611,161 90,186 1,296,039 1,611,161 Total Slate total 2,997,386 2,997,386 30,965,363 2,664,242 33,629,605 25 VACANT PUBLIC LANDS Continued. RECAPITULATION BY STATES AND TERRITORIES. State or Territory. Area unappropriated and unreserved. Surveyed. Unsurveyed. Total. Alabama Acres. 100,200 Acres. Acres. 100,200 368,011,291 41,022,883 515 455 Alaska ... 1 368,011,291 28,982,455 Arizona 12,040,428 515,455 18,012,903 19,069,624 321,638 6,180,332 108,402 70,313 105,130 1,759,027 51,960 1,483 15,283,718 1,336,499 Arkansas California ... . . 5,350,061 1,529,476 155,531 17,942,705 23,362,964 20,599,100 477,169 24,123,037 108,402 70,313 105,130 1,804,992 51,960 1,483 32^)30,646 1,336,499 54,983,148 33,771,367 1,300,333 42,919 17,253,175 3,673,293 35,034,604 1,977,791 13,500 33,629,605 Colorado Florida ... Idaho Louisiana ... Michigan . . . . Minnesota 45,965 Mississippi Montana ... . . . . 16,746,928 Nebraska Nevada 28,924,771 23,093,519 1,300,333 26,058,377 10,677,848 New Mexico North Dakota Oklahoma . . 42,919 13,257,246 3,550,573 11,587,569 1,196,231 13,500 30,965,363 Oregon 3,995.929 122,720 23,447,035 781,560 South Dakota Utah Washington Wisconsin Wyoming 2,664,242 Orand total 188,889.136 506,512,123 695,401,259 unreserved lands in Alaska are mostly unsurveyed and unappropriated. LEAVE OF ABSENCE. 1. Grounds for. 2. Generally. 3. Law. 4. Application form. 5. Three-year law absence. 6. Special cases; see also Reclamation Lands. 7. Official Employment. 1. Grounds for leave of absence from a homestead are as fol- lows: Sickness, total or partial failure of crops, or unavoidable casualty. (a) Applications for leaves of absence should be addressed to the register and receiver of the land office where the entry was made and should be sworn to by the applicant and some other disinterested person before such register or receiver or before some officer in the land district using a seal and authorized to administer oaths, except in cases where, through age, sickness, or extreme poverty, the entryman is unable to visit the district for that purpose, when the oath may be made outside of the land district. (b) The law authorizes registers and receivers to grant leaves of absence for a period not exceeding one year at any one time, subject to the approval of the Commissioner of the General Land Office, whenever it shall be made to appear that the settler is "unable, by reason of a total or partial destruction or failure of crops, sickness, or other unavoidable casualty, to secure a support for himself, herself, or those dependent upon him or her, upon the lands settled upon *. " (c) In each case full particulars should be given in the application, which should state the failure or destruction of crops, if the crops have failed or been destroyed, to what extent, and the cause thereof. In case of sickness, what disease or injury and to what extent claimant is prevented thereby from continuing on the land, and certificate from the physician in attendance, setting forth the facts, should be furnished when practicable. In the case of "other unavoidable casualty," the character, cause, and extent thereof and its effect upon the land or the claimant should be stated. (d) Kesidence must be established upon the land within six months after date of entry, and additional time can not be granted within which to establish such residence, nor will the leave of absence be granted unless bona fide residence shall have been first established upon the land. (e) The time of actual absence xinder such leave can not be considered as constructive residence or be deducted from the period of actual residence required by law. 2. The place of one's domicile determines the place of his residence. Absence immediately following final proof is indicative of bad faith. Leave of absence is no protection against a contest for abandon- ment where the entryman prior to such leave has failed to comply with the law. Contest on the ground of abandonment will not lie until after the expiration of six months following the expiration of the leave of absence. A second and third year's leave of absence may be granted a homestead entryman upon proper showing therefor, without requiring an intervening period of residence on the land, provided sufficient time remains within which to comply with the law. See case of James McCourt (33 L. D., 386). Action of Register and Receiver granting leave of absence under Sec. 3 of the act of March 2, 1889, is in all cases subject to review by the Commis- sioner of the General Land Office. See case of Leola Farlow (35 L. D., 269). 26 27 3. The law applicable generally may be found in Sec. 3, of an act entitled, "An Act to Withdraw Certain Public Lands from Private Entry, and for Other Purposes"; approved March 2, 1889 (25 Stat., 854). This section was amended by an act of December 29, 1894, 28 Stat., 599, so as to reconfer a second right on those who forfeited their entry on account of any of the reasons men- tioned. There are two other acts of congress with reference to leave of absence from homesteads, besides resolutions of Congress grant- ing temporary absences from homesteads, but they are not con- sidered of value to the present day entryman, and therefore such laws are not embodied in this work. The act of Congress upon which the present day homestead entrymen are granted leave of absence, as far as may be applicable to the subject, is as follows: Public Lands Withdrawn from Private Entry, Except in Missouri Homestead Laws Modified. (28 Stat., 599.) An Act to withdraw certain public lands from private entry, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That from and after the passage of this act no public lands of the United States, except those in the State of Missouri, shall be subject to private entry. ******* Sec. 3. That whenever it shall be made to appear to the register and receiver of any public-land office, under such regulations as the Secretary of the Interior may prescribe, that any settler upon the public domain under existing law is unable, by reason of a total or partial destruction or failure of crops, sickness, or other unavoidable casualty, to secure a support for himself, herself, or those dependent upon him or her upon the lands settled upon, then such register and receiver may grant to such a settler a leave of absence from the claim upon which he or she has filed for a period not exceeding one year at any one time, and such settler so granted leave of absence shall forfeit no rights by reason of such absence: Provided, That the time of such actual absence shall not be deducted from the actual resi- dence required by law. Sec. 4. That the price of all sections and parts of sections of the public lands within the limits of the portions of the several grants of lands to aid in the construction of railroads which have been heretofore and which may hereafter be forfeited, which were by the act making such grants or have since been increased to the double minimum price, and also of all lands within the limits of any such railroad grant, but not embraced in such grant, lying adjacent to and coterminous with the portions of the line of any such railroad which shall not be completed at the date of this act, is hereby fixed at one dollar and twenty-five cents per acre. 4. Applications for leave of absence should conform to the form herewith, which has been approved by the Department, and should be properly verified and corroborated. The application may be acknowledged before a Notary Public, U. S. Commissioner, Judge or Clerk of Court of Record or any other officers using a seal and authorized to administer an oath, or before the Register and Receiver of the land office in which the application is filed. For further information on the subject consult title "Residence." L'S FORM. 4519 DEPARTMENT OF THE INTERIOR. APPLICATION FOR LEAVE OF ABSENCE. U. S. Land Office, , Serial No I, , being first duly sworn, on my oath state that, I am the identical person who made Homestead Entry, No , on , for the , Section , Township , Range , Meridian, at the United States Land Office at ; that I estab- lished residence upon said land on , 191.., and such residence has continued until , 191 . . ; that my family consists of and that I have placed the following improvements on the said land, to-wit: , which improvements are reasonably worth the sum of $ ; that I have cultivated acres of said tract the following years: ; that my present post-office address is I hereby ask for a leave of absence from the said land for a period of , from to , and, in support of said request, I have to state as follows: (Here state grounds upon which leave of absence is asked.) (Sign here, with full Christian name.) Note. Every person swearing falsely to the above affidavit will be pun- ished as provided by law for such offense. (See Sec. 125, U. S. Criminal Code, below.) I hereby certify that the foregoing affidavit was read to or by affirnt in my presence before affiant affixed signature thereto; that affiant is to me personally known (or has been satisfactorily identified before me by (Give full name and post-office address.) that I verily believe affiant to be the identical person hereinbefore described; and that said affidavit was duly subscribed and sworn to before me, at my office in , (County and State.) (Town.) within the land district, this day of , 191 . . (Official designation of officer.) AFFIDAVIT OF WITNESSES. We, , of , years of age, and , (Give full Christian name.) (Give full post-office address.) of , years of age, do solemnly swear that we are well (Give full post-office address.) (Give full Christian name.) acquainted with the above-named affiant and the lands described, and per- sonally know that the statements made by him in his application for leave of absence are true. (Sign here, with full Christian name.) (Sign here, with full Christian name.) Note. Every person swearing falsely to the above affidavit will be pun- ished as provided by law for such offense. (See Sec. 125, U. S. Criminal Code, below.) I hereby certify that the foregoing affidavit was read to or by affiants in my presence before affiants affixed signatures thereto; that affiants are to me personally known (or have been satisfactorily identified before me by ) ; and that said affidavit was duly subscribed (Give full name and post-office address.) and sworn to before me, at my office, in (Town.) , within the land district, this (County and State.) day of , 191.. (Official designation of officer.) 20 UNITED STATES CRIMINAL CODE CHAP. 6. Sec. 125. Whoever, having taken an oath before a competent tribunal, officer, or person, in any case in which a law of the United States authorizes an oath to be administered, that he will testify, declare, depose, or certify truly, or that any written testimony, declaration, deposition, or certificate by him subscribed, is true, shall willfully and contrary to such oath state or subscribe any material matter which he does not believe to be true, is guilty of perjury, and shall be fined not more than two thousand dollars and imprisoned not more than five years. (Act, March 4, 1909. 35 Stat., 1111.) United States Land Office at , 191.. Leave of absence granted from , 191 . . , to , 191 . . Register. Eeceiver. THREE YEAR LAW ABSENCE. 5. The act of Congress approved June 6, 1912, known as the Three Year Homestead Law, makes provision for leave of absence from the homestead as follows: : * * "Provided, That upon filing in the local land office notice of the beginning of such absence, the entryman shall be entitled to a continuous leave of absence from the land for a period of not exceeding five months in each year after establishing residence, and upon the termination of such absence the entryman shall file a notice of such termination in the local land office, but in case of commutation the fourteen months' actual residence as now required by law must be shown, and the person commuting must be at the time a citizen of the United States." * * * Forms of Notice. At this time no prescribed form for use in cases of absences under the above law have been provided. It is presumed that any form of notice which will serve to fully notify the local office of the time of commencement and termination of leave of absence under this law will be sufficient. We submit such forms as may be used or modified: Notice of Beginning of Leave of Absence. (Date) . . To the Register and Eeceiver, United States Land Office, Gentlemen: You will please take notice that, having made homestead entry, serial No , dated the day of , , for (described land), Sec , Tp , R , and wishing to avail myself of the provisions and benefits of the Act of Congress approved June 6, 1912, known as "The Three Year Homestead Law," I did, on the day of , , begin a leave of absence therefrom not to exceed five months. I established residence on my said homestead on the day of , (Name) (P. O. Address) Notice of Termination of Leave of Absence. (Date) To the Register and Receiver, United States Land Office, Gentlemen: You are hereby notified that leave of absence from my homestead entry, serial No for (described land), Sec , Tp , R t granted by the provisions of the Act of Congress approved June 6, 1912, known as "The Three Year Homestead Law," beginning on the 30 day of , , was by me terminated on the day of and that I have re-established residence on said land. (P.O.) 6. For leave of absence to certain homesteader in special locali- ties, see the act of Congress approved August 19, 1911, 40 L. D., pages 263 and 264. See also Reclamation Lands. [Circular No. 54.] LEAVES OF ABSENCE FROM HOMESTEADS. Department of the Interior, General Land Office, Washington, September 8, 1911. Registers and Receivers, United States Land Offices (named below). Gentlemen : Your attention is directed to the provisions of the act of Congress approved August 19, 1911 (Public, No. 27), entitled "An act granting leaves of absence to certain homesteaders," which reads as follows : Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all persons who have here- tofore made homestead entries in the Lemmon, Timber Lake, Kapid City, Chamberlain, Belle Fourche, Gregory, and Pierre land districts in the State of South Dakota; in the Denver, Pueblo, Sterling, Hugo, Lamar, and Glenwood Springs land districts, in the State of Colorado; in the Valentine, O'Neill, North Platte, Broken Bow, and Alliance land districts, in the State of Nebraska; in the Lawton, Woodward, and Guthrie land districts, in the State of Oklahoma; in the Dickinson, Minot, Williston, Devils Lake, and Bismarck land districts, in the State of North Dakota; in the Cheyenne, Evanston, Sundance, Buffalo, Lander, and Douglas land districts, in the State of Wyoming; in the Clayton, Fort Sumner, Las Cruces, Tucumcari, Eoswell, and Santa Fe land districts, in the Territory of New Mexico; in the Phoenix land district, in the Territory of Arizona; in the former Spokane Indian Eeservation. in the State of Washington; and in the Burns, Vale, La Grand, and The Dalles land districts, in the State of Oregon, are hereby relieved from the necessity of residence and cultivation upon their lands from the date of approval of this act to April fifteenth, nineteen hundred and twelve; Provided, That the time of actual absence during the period named shall not be deducted from the full time of residence required by law. Homestead entrymen coming under the above act who are ab- sent from their claims for any period between the dates of August 19, 1911, and April 15, 1912, are not required to file application for such leave. In the examination of final proofs, and in cases of contest alleging abandonment during the above period, you will give due consideration to the foregoing provisions. Very respectfully, John McPhaul, Acting Assistant Commissioner. Approved September 8, 1911. Samuel Adams, Acting Secretary. 7. CONSTRUCTIVE RESIDENCE OFFICIAL EMPLOYMENT. Instructions. Department of the Interior, General Land Office, Washington, D. C., February 16, 1909. Registers and Receivers, United States Land Offices. Gentlemen: For many years it has been the practice of the Department to permit a homestead entryman who had established 31 residence upon his claim and afterwards had been elected or appointed to a federal, state, or county office, to be absent from his entry if required by his official duty, and to consider such absence constructive residence upon his claim. This ruling includes depu- ties and assistants in such offices. See 2 L. D., 147; 6 L. D., 668; 7 L. D., 88 ; 9 L. D., 523, 525 ; 17 L. D., 195 ; 21 L. D., 155. This privilege, which is not a statutory right but rests solely upon departmental rulings, has led to such grave abuse that the objects of the homestead laws have been to a great extent defeated. Therefore, the Department has decided to discontinue the said prac- tice in so far as it has been applied to persons appointed to office, and limit it to persons elected to office. All decisions and instruc- tions heretofore given, not in harmony with this view, are hereby overruled or modified in so far as they accredit such absence as residence, to persons not elected to office. It is not intended, however, to disturb the status of persons who have acted under the rule heretofore prevailing, nor to deny the benefit of the rule to persons who, prior to March 1, 1909, shall have been appointed to such office. Persons having homestead en- tries, who enter upon public service in non-elective positions to which they were not appointed prior to above date, will be required to comply fully with all of the provisions of the homestead law just as other settlers. Very respectfully, Fred Dennett, Commissioner. Approved : Frank Pierce, Acting Secretary. ACCBETIONS. See Public Lands, Eiparian Eights and Survey. See Table of Circulars and Instructions, pages 117 to 137. The disposal of land that is bounded by a water line that is shown by the official survey, conveys to the patentee a patent right, including subse- quent accretions. Gleason vs. Pent, 14 L. D. 375. Accretions of an island reservation for military purposes becomes in fact and in law a part of such reservation, subject to the Act of July 5, 1884, on the abandonment of such reservation. R. M. Snyder, 27 L. D. 82. Where a sudden change occurs in the course of a navigable river that forms the boundary between a State and Territory, the reliction lying within the State is not the property of the United States or subject to survey as such; but that portion of the patented bed of the stream lying wihin the territory is the property of the United States and therefore subject to survey. John P. Serry et al., 27 L. D. 330. The interests of the Government as riparian proprietor ceases on the sale of the meandered tract; and all accretions of said tract, after survey and prior to sale, passes to the purchaser, and accretions thereof become the property of the riparian owner. John J. Serry et al., 27 L. D. 330. A tract belongs either to the owner of the adjacent land or passes to the State under the Swamp Grant and the Department will take no action in determining the ownership thereof, as the question involved lies properly within the jurisdiction of the Court. Middleground, 7 L. D. 255. Land formed by accretion belongs to the owner of the adjacent land. W. G. Holland, 6 L. D. 20. Middleground, 7 L. D. 255. An application for the survey of land covered by a non-navigable lake must be denied where it appears that said lake has been meandered to the 32 adjacent land, disposed of by the Government, as the land covered by such lake belongs to the adjacent proprietors and not to the United States. James Popple et a'l., 12 L. D. 433. Overruled. John P. Hoel, 13 L. D. 588. The application for the survey of an island in a non-navigable stream will not be allowed. J. J. Lessard, 13 L. D. 724. Land lying within the banks of a meandered stream and forming a part of the bed thereof as surveyed and subsequently left dry by a change in the channel thereof, cannot be entered under the homestead law, where patents have issued for the adjacent lands. Max Loibl, 21 L. D. 429. Land formed between the meander and shore line of Lake Michigan, through the acts of persons or corporations, is not the property of the Government, or subject to the jurisdiction thereof under the public land laws. George W. Streeter et al., 21 L. D. 131. The riparian ownership of the allottee, whose lands are adjacent to a meandered, non-navigable lake extends to the middle of said lake. Amanda Hines, 14 L. D. 156. The control and right to dispose of public lands lying under a navigable stream, that forms the boundary of a State and within the limits thereof, passes to the government of the State on its admission to the Union. But if a sudden change occurs thereafter' of the course of said stream the reliction lying within such State is not the property of said State. Gillespie vs. State of Nebraska, 28 L. D. 124. Purchasers and grantees of meandered subdivisions bordering upon a body of water take title thereto for all the intents of ownership in which is that of the right of relictions. This right pertains to the ownership of lands bounded by a water line without reference to the accretion land, and hence passes to the United States in the case of a title acquired under the Swamp Grant. French-Glenn Live Stock Co. vs. Marshall, 28 L. D. 444. Accretions to an island formed by washing or recision become part of the lands they adjoin. 1 L. D. 596. An island formed in a river, after the survey or disposition of the adjoin- ing shore lands, does not belong to the United States, and the Department therefore has no jurisdiction to direct its survey. L. F. Scott, 14 L. D. 433. Where an island has been surveyed, sold and patented by the Government, and subsequently creates erosion, all the soil resulting in the formation of the island in a navigable stream occupying the area of the formerly surveyed and sold land does not operate to vest the title in the Government of such formation, and authorize the public survey of the same. James C. McLaughlin, 12 L. D. 281. ACTS OF CONGRESS, CITED AND CONSTRUED. The Statute numbers given refer to statutes at large, and the annotations refer to decisions of the Department of the Interior relating to Public Lands. Page numbers in black face at end of citations indicate statutes that will be found in this work. STATUTE NO. 1. Date of Act. Page. Vol. L. D. Page L. D. Page this book. June 1, 1796-490. Vol. 38-5. Sept. 2, 1789- 65. Sec. 8, Vol. 2-108. May 26, 1790-122. Vol. 5-161. Aug. 10, 1790-182. Vol. 1-1 to 12. June 9, 1794-394. Vol. 1-12. May 18, 1796-464. Sec. 2, Vol. 2-489. Vol. 10-223. Sec. 9, Vol. 12-435. Vol 13-762. Vol. 14-599. Vol. 17-295. Vol. 21-321. Vol. 35-5. Vol. 38-464. 33 STATUTE NO. 2. Date of Act. Page. Vol. L. D. Page L. D. Page this booh Mar. 1, 1800- 14. Sec. 6, Vol. 38-5. May 10, 1800- 73. Sec. 4, Vol. 14-599. Vol. 30-54. Vol. 35-126. Vol. 38-4. Mar. 3, 1803-229. Vol. 30-330. Apr. 10, 1802-175. See. 7, Vol. 18-34'. Vol. 22-553. Apr. 24, 1802-153. Vol. 26-255. Apr. 30, 1802-173. Vol. 10-223. Vol. 21-322. Sec. 6, Vol. 34-4. Sec. 7, Vol. 37-431. Mar. 26, 1804-277. Vol. 8-565. Vol. 14-599. Mar. 27, 1804-303. Vol. 8-127. May 23, 1804-274. Vol. 37-201. Vol. 6-12. Vol. 13-585. Vol. 35-98. Vol. 37-201. Feb. 11, 1805-313. Vol. 38-5. Mar. 2, 1805-234. Vol. 30-466. Mar. 2 1805-324. Vol. 1-277. Vol. 3-240. Vol. 6-464-568. Vol. 14-599 . Vol 28-330. Sec. 5, Vol. 30-466. Apr. 25, 1806-391. Vol. 3-240. Vol. 18-127. Vol. 14-599. Mar. 2, 1807-424. Vol. 13-585. Vol. 35-98. Mar. 3, 1807-440. Sec. 4, Vol. 14-129. Vol. 16-447. Vol. 15-523. Vol. 18--68 Vol. 13-240. Sec. 4, Vol. 32-370. Mar. 3, 1807-662. Vol. 5-515. Vol. 8-128-564. Vol. 14-599. Vol. 17-443. Vol. 30-53-276-472. Sec. 10, Vol. 32-326. Vol. 33-18. Mar. 3, 1807-445. Vol. 15-494. Vol. 19-50. Mar. 3, 1807-441. Vol. 21-563. Dec. 22, 1807-451. Vol. 3-598. Feb. 20, 1811-641. Sec. 5, Vol. 24-231. Feb. 25, 1811-617. Vol. 8-127. Vol. 30-466. Feb. 25, 1811-620. Vol. 30-466. Apr. 8, 1812-701. Vol. 39-55. Apr. 25, 1812-717. Vol. 10-426. Apr. 25, 1812-716. Sec. 10, Vol. 12-106. Vol. 10-98. Apr. 25, 1812-713. Vol. 8-392. Vol. 9-514. Apr. 25, 1812-715. Vol. 13-13. June 13, 1812-748. Vol. 6-464-586. Vol. 17-42. Feb. 5, 1813-797. Vol. 15-492. STATUTE NO. 3. Apr. 12, 1814-123. Vol. 8-82. Apr. 12, 1814-122. Vol. 18-68. Apr. 18, 1814-139. Vol. 28-331. Feb. 17, 1815-211. Vol. 14-3. Vol. 33-334. Vol. 36-367. Vol. 39-417. Apr. 19, 1816-289. Vol. 10-223. Vol. 21-322. Sec. 6, Vol. 35-4. . Apr. 29, 1816-328. Vol. 3-177. Vol. 17-56. Vol. 18-68. Vol. 33-410. Apr. 29, 1816-329. Vol. 5-570. Apr. 29, 1816-325. Vol. 36-159. Apr. 18, 1818-428. Vol. 21-322. Sec. 6, Vol. 30-134; Sec. 6, Vol. 35-4. Apr. 18, 1818-430. Sec. 6, Vol. 30-134. Apr. 20, 1818-466. Vol. 31-75. Mar. 2 1819-489. Vol. 6-495. Sec. 6, Vol. 21-220. Sec. 6, Vol. 35-4. Mar. 9 1819-520. Vol. 2-604-608. Vol. 14-210. Vol. 31-284. Mar. 9 1819-520. Vol. 2-604-608. Vol. 14-210. Vol. 31-284. Mar. K 1819-528. Sec. 3, Vol. 7-11-52. Vol. 8-391. Vol. 9-514. Sec. 3, Vol. 9-500. Sec. 3, Vol. 16-499. Vol. 28-275. Sec. 3, Vol. 31-344. Vol. 36-161. Mar. 3, 1819-526. Vol. 7-156. Mar. 3, 1819-530. Vol. 14-534. Mar. 16, 1820-545. Sec. 6, Vol. 35-4. Apr. 24, 1820-566. Sec. 1, Vol. 2-131. Sec. 3, Vol. 28-77. Vol. 30-5. Sec. 6, Vol. 36-359. Vol. 38-6. May 1, 1820-567. Vol. 2-578. May 11, 1820-573. Sec. 1, Vol. 2-647. Vol. 3-240. Vol. 6-474. Vol. 8-82. Vol. 9-166. Vol. 17-73. Mar. 2, 1821-613. Vol. 14-4. Mar. 3, 1822-654. Vol. 15-495. Vol. 19-50. Vol. 30-187. Apr. 26, 1822-665. Vol. 14-4. Apr. 26, 1822-668. Vol. 14-7. Vol. 39-417. Date of Act. Page. Vol. L. D. Page L. D. Page this book. May 8, 1822-709. Vol. 16-499. Vol. 24-225. May 18, 1822-707. Sec. 2, Vol. 28-275. Vol. 36-161. Feb. 28, 1823-727. Vol. 2-397-429. Vol. 4-13. Vol. 6-474. Mar. 3, 1823-756. Vol. 11-147. Mar. 3, 1823-754. Vol. 24-206. Vol. 27-127. Sec. 2, Vol. 28-275. Vol. 36-161. May 19, 1836-131. Vol. 30-231. STATUTE NO. 4. May 24, 1823-301. Vol. 7-155. Feb. 28, 1824- 6. Vol. 24-206. May 24, 1824- 31. Vol. 7-156. Vol. 21-62. Vol. 32-175. Vol. 36-181. May 24, 1824- 34. Vol. 38-7. May 26, 1824- 65. Vol. 17-42. May 26, 1824- 69. Vol. 28-140. Vol. 26-255. May 26, 1824- 52. Vol. 30-467-472. Vol. 36-274. Jan. 12, 1825- 80. Vol. 24-540. Vol. 30-5. Vol. 35-580. Feb. 5, 1825- 81. Vol. 18-68. Vol. 1-276. Apr. 22, 1826-154. Vol. 15-487. Vol. 19-49. Sec. 4, Vol. 38-353. Mav 16, 1826-168. Vol. 17-73. May 20, 1826-179. Vol. 3-231-328. Vol. 8-126-763. Vol. 17-45. Vol. 18-347. Vol. 24-106. Vol. 29-126. Vol. 29-128. Vol. 13-380-709. Vol. 31-366. Vol. 32-182. Vol. 36-94. Vol. 37-432. May 24, 1826-305. Vol. 18-346. Vol. 24-522. Vol. 30-186. Feb. 8, 1827-202. Vol. 16-515. Vol. 24-207. Mar. 2, 1827-234. Vol. 21-132. Mar. 2, 1828-357. Sec. 1, Vol. 38-353. Mar. 21, 1828-259. Vol. 27-341. Vol. 14-4. Apr. 28, 1828-264. Vol. 3-528. Vol. 31-284. May 23, 1828-284. Vol. 16-552. Vol. 18-64. Vol. 36-577. Vol. 36-274. May 23, 1828-248. Vol. 23-147. Mar. 3, 1829-364. Vol. 35-4. Mar. 31, 1830-390. Vol. 27-341. May 23, 1830-405. Vol. 23-137. Vol. 24-205. May 28, 1830-411. Sec. 3, Vol. 11-133. May 29, 1830-420. Vol. 3-25. Vol. 13-631. Vol. 32-303. Feb. 25, 1831-445. Vol. 27-342. Mar. 2, 1831-472. Vol. 31-267. Mar. 3, 1831-492. Vol. 4-130. Jan. 23, 1832-496. Vol. 27-128. Vol. 3-25. Apr. 5, 1832-503. Vol. 7-173. Vol. 38-7. Mar. 2, 1833-664. Vol. 22-15. June 26, 1834-686. Vol. 35-415. June 30, 1834-729. Vol. 19-328. June 30, 1834-730. Sec. 6, Vol. 36-197. June 30, 1834-732. Sees. 20 and 21, Vol. 19-324. Mar. 31, 1835-779. Vol. 3-239. STATUTE NO. 5. Apr. 5, 1832-503. Vol. 14-140. July 7, 1835-262. Vol. 1-14. May 20, 1836- 31. Vol. 26-243-563. June 23, 1836- 58. Sec. 2, Vol. 35-4. June 23, 1836- 59. Vol. 8-561. Sec. 4, Vol. 35-4. July 4, 1836-107. Sec. 14, Vol. 2-106. Vol. 5-573. Sec. 14, Vol. 10-98. Vol. 13-13. Vol. 18-426. Vol. 26-460. Jan. 9, 1837-135. Vol. 9-589. Mar. 3, 1837-180. Vol. 30-231. June 22, 1838-251. Vol. 3-432. Vol. 14-140. Vol. 30-231. July 7, 1838-302. Vol. 24-109. Feb. 16, 1839-365. Vol. 18-285. Vol. 20-435. June 31, 1840-382. Vol. 14-140. Vol. 30-231. Sept. 4, 1841-455. Sec. 10, Vol. 1-443-490. Sept. 4, 1841-453. Sec. 10, Vol. 2-855. Sec. 14, Vol. 2-526. Vol. 3-96-231-265. Sec. 12, Vol. 3-25. Vol. 6-357. Vol. 9-589. Vol. 10-55. Sec. 4, Vol. 11-445. Sec. 8, Vol. 12-156. Sec. 14, Vol. 12-272. Sec. 10, Vol. 14-599. Sec. 8, Vol. 15-314. Sec. 6, Vol. 19-376. Sec. 8, Vol. 19-377. Sec. 12, Vol. 19-75. Vol. 35 Date of Act. Page. Vol. L. D. Page L. D. Page this book. 24-239. Sec. 8, Vol. 26-94. Sec. 14, Vol. 126-680. Sec. 14 and 15, Vol. 28-77-94. Sec. 14, Vol. 29-614. Vol. 30-231. Vol. 30-337. Vol. 31-199. Vol. 32-64-303. Sec. 8, Vol. 35-509. Vol. 39-615. Sept. 4, 1841-543. Sec. 10, Vol. 4-189. Sept. 4, 1841-456. Sec. 12, Vol. 13-16. Aug. 4, 1842-502. Vol. 12-553. Vol. 15-423. Vol. 21-87. Sec. 6, Vol. 38-354. Feb. 15, 1843-600. Vol. 21-365. Mar. 3, 1843-620. Sec. 4, Vol. 1-443. Sec. 5, Vol. 39-282. Mar. 3, 1843-619. Sec. 4, Vol. 2-855. Sec. 4, Vol. 4-189. Vol. 6-136. Vol. 7-173. Vol. 9-596. Vol. 10-55. Vol. 11-195. Sec. 9, Vol. 11-446. Sees. 5 and 9, Vol. 28-78-94. Mar. 3, 1843-611. Vol. 3-427. May 23, 1844-657. Vol. 28-56. Vol. 30-557. June 15, 1844-666. Vol. 30-188. Vol. 38-354. June 17, 1844-676. Vol. 30-457-472. Mar. 1, 1845-797. Vol. 24-373. Mar. 3, 1845-789. Sec. 4, Vol. 35-4. Mar. 3, 1845-788. Vol. 24-151. Vol. 30-188. Vol. 38-351. Mar. 3, 1845-742. Vol. 30-188. June 15, 1845-671. Vol. 12-563. Vol. 15-423. Vol. 36-274. May 23, 1884-667. Vol. 13-400-406. STATUTE NO. 7. Oct. 16, 1818-189. Vol. 25-427. Jan. 8, 1821-211. Vol. 26-141. Aug. 29, 1821-218. Vol. 13-514. Jan. 12, 1825-240. Vol. 9-588. Aug. 18, 1825-272. Vol. 10-287. Vol. 12-177. Vol. 25-18. Nov. 7, 1825-265. Vol. 25-252. Aug. 23, 1826-300. Vol. 13-514. Vol. 25-428. Aug. 1, 1829-323. Vol. 26-563. July 15, 1830-328. Vol. 17-457, Feb. 8, 1831-342. Vol. 25-18. Feb. 27, 1831-333. Vol. 30-230. Feb. 28, 1831-348. Vol. 6-159. Apr. 12, 1834-368. Vol. 26-120. Oct. 23, 1834-463. Vol. 25-428. Jan. 15, 1838-550. Vol. 11-132. Nov. 6, 1838-569. Vol. 25-428. Nov. 28, 1840-582. Vol. 25-428. Oct. 4, 1842-591. Vol. 19-590. STATUTE NO. 8. Feb. 22, 1819-252. Vol. 29-699. Vol. 5-158. Vol. 39-56. Jan. 12, 1828-372. Vol. 39-56. Apr. 25, 1838-511. Vol. 39-54. STATUTE NO. 9. Aug. 6, 1845- 56. Vol. 12-177. Sec. 4, Vol. 35-4. Dec. 29, 1845-108. Vol. 24-373. May 8, 1846- 9. Vol. 7-173. Aug. 6, 1846- 66. Vol. 5-284. Aug. 3, 1846- 51. Sec. 5, Vol. 4-156. Sec. 5, Vol. 8-422. Vol. 19-53. Vol. 20-257. Vol. 26-331-700. Vol. 15-258. Vol. 15-490. Vol. 35-414. Aug. 8, 1846- 77. Vol. 9-637. Feb. 2, 1848-929. Vol. 1-489. May 29, 1848-233. Vol. 12-177. Vol. 33-51. June 28, 1848-242. Vol. 26-578. Julv 1, 1848-243. Vol. 12-553. Vol. 15-423. July 4, 1848-922. Vol. 16-410. Art. 8, Vol. 19-278. Vol. 31-339. Vol. 39- 136-424. July 5, 1848-245. Vol. 24-373. Vol. 39-55. July 25, 1848-746. Vol. 15-488. Aug. 14, 1848-323. Sec. 1, Vol. 2-452. Vol. 6-47. Vol. 9-601. Vol. 27-506. Sec. 1, Vol. 32-300-665. 36 Date of Act. Pase. Oct. 18, 1848-952. Jan. 10, 1849-753. Mar. 2, 1849-352. Mar. 3, 1849-395. Mar. Feb. Mar. Sept. Sept. Sept. Sep. Sep. 3, 1849-403. 20, 1850-421. 9, 1850-452. 9, 1850-446. 9, 1850-457. 9, 1850-553. 20, 1850-456. 20, 1850-455. Sep. 26, 1850-472. Sep. 27, 1850-499. Sep. 27, 1850-486. Sep. 27, 1850-500. Sep. 27, 1850-495. Sep. 28, 1850-519. Sep. 28, 1850-520. Sep. 28, 1850-521. Jan. 27, 1851-565. Mar. 3, 1851-631. Mar. 3, 1851-351. Mar. 22, 1852- 3. June 10, 1852- 8. Aug. 31, 1852-148. Aug. 31, 1852-143. Feb. 14, 1853-158. Jan. 25, 1853-745. Feb. 9, 1853-155. Mar. 2, 1853-172. Mar. 3, 1853-244. Vol. L. D. Page I.. D. Page this book. Vol. 12-177. Vol. 25-18. Vol. 21-518. Vol. 2-646-652. Vol. 3-396. Vol. 5-564-514. Vol. 9-127-644. Vol. 21-357. Vol. 24-231. Vol. 26-5. Vol. 30-110-273-276- 312-465-472. Vol. 17-440. Vol. 32-272. Vol.33-13. Vol. 3-427. Vol. 13-3. Sec. 6, Vol. 24-107. Vol. 5-573. Sec. 3, Vol. 286. Vol. 28-374. Vol. 32-326. Vol. 1-14. Vol. 39-98. Vol. 37-201. Vol. 4-418. Vol. 20-105. Vol. 31-339. Vol. 35-150. Vol. 11-204. Vol. 16-410. Vol. 30-99. Vol. 1-633. Sec. 15, Vol. 3-383. Vol. 30-315. Sec. 15, Vol. 14-214. Vol. 13-244. Vol. 4-3. Vol. 10-393. Vol. 14-229. Vol. 18-346. Vol. 28- 31-244. Vol. 19-415. Sec. 11, Vol. 17-25. Sec. 5, Vol. 24-5. Vol. 27-506. Vol. 1-291-292-293-312. Vol. 5-428. Vol. 7-545. Vol. 10- 513. Vol. 2-435-439-440-445-446-449. Sec. 4, Vol. 3-16-470. Sec. 5, Vol. 3-50-74. Sec. 7, Vol. 3-60. Vol. 6-47-597. Vol. 9-234. Sec. 14, Vol. 9-603. Vol. 12-339. Vol. 15-511. Vol. 16-490-412. Vol. 22-34. Vol. 2-472-545-645-652-668. Vol. 3-334-396-457-476-522-571. Vol. 4-3-371-415-497. Vol. 5-31-102-464-516-537-715. Vol. 7-24. Vol. 32-56-266-272-326-328-524. Vol. 33-51. Vol. 35- 235-509. Vol. 37-446. Vol. 38-351. Vol. 40-529. Vol. 8-65-78-308-359. Vol. 9-124-332-361-458-640. Vol. 10-285- 393. Vol. 11-37. Vol. 12-156. Vol. 13-341. Vol. 14-229- 247-675. Vol. 15-12-123-428. Vol. 17-440. Vol. 18-26-273. Vol. 23-305-461. Vol. 24-26-68-147-321-522. Vol. 25-4-18- 434. Vol. 28-239-318-390-455-558. Vol. 30-110-120-129-273- 276-312-465-472-574-626. Vol. 19-131-223-251-518. Vol. 27- 506-419. Vol. 22-388-657. Vol. 26-5-119-182-478-605-685. Vol. 31-335. Vol. 35-627. Sec. 4, Vol. 38-93. Vol. 14-280. Vol. 30-377-474. Vol. 1-181-23. Vol. 6-180. Vol. 15-553. Vol. 18-387. Vol. 30-509. Sec. 13, Vol. 2-364. Vol. 3-206. Vol. 5-64-323-483. Sec. 13, Vol. 13-294. Vol. 20-106. Sec. 13, Vol. 34-190. Sec. 9, Vol. 4-359. STATUTE NO. 10. Vol. 3-101. Vol. 14-280. Vol. 30-190. Vol. 35-401-454-628. Vol. 8-165. Vol. 12-117. Vol. 21-163. Vol. 28-131. Vol. 5-531. Vol. 16-420. Vol. 15-12-273. Vol. 14-74. Sec. 7, Vol. 9-415. Vol. 10-452. Vol. 11-243. Sec. 8, Vol. 12- 272-632. Vol. 15-28-283. Vol. 16-453. Vol. 2-9. Vol. 35-96. Vol. 37-199. Sec. 6, Vol. 1-306. Sec. 8, Vol. 1-296. Vol. 2-441-450. Sec. 5, Vol. 3-74-76. Sec. 6, Vol. 3-16. Vol. 5-428. Vol. 6-597. Sec. 9, Vol. 6-17-46. Sec. 9, Vol. 10-522. Sec. 5, Vol. 9-234. Sec. 9, Vol. 9-68-104-602. Vol. 19-470. Sec. 5, Vol. 22-349. Vol. 23-167. Vol. 24-5. Sec. 9, Vol. 32-301. Vol. 12-389. Vol. 26-465. Vol. 38-485. Vol. 5-317. Vol. 6-443-445-535. Vol. 13-560. Vol. 20-281. Vol. 11-168-596. Sec. 2, Vol. 11-157. Vol. 28-31. Sec. 20, Vol. 2-626. Vol. 15-387. Vol. 5-217. Vol. 6-73. Vol. 8-497. Vol. 9-602. Vol. 11-382. Vol. 12-166. Vol. 13-380-382. Vol. 19-196. Vol. 32-30. Sec. 20, Vol. 36-93. Sec. 6, Vol. 1-631. Vol. 2-681. Sec. 6, Vol. 17-201. Sec. 6, Vol. 18-345. Vol. 3-89-265-477. Sec. 6, Vol. 3-206-230-328, 37 Date of Act. Page. Sec. 6, Vol. 35-416. Vol. Mar. 2, Mar. 3, Mar. 3, June 30, Dec. 30, Mar. 27, May 10, May 12, July 17, 1853- 1853- 1853 1853 1853 1854 1854 1854 1854 179. 256. 258. 76. 1035. 269. 1053. 1064. 304. Sec. 2, Vol. 6-314. July 17, 1854-305. July 17, 1854-314. Aug. 31, 1852- 91. May 30, 1854-277. July 22, 1854-308. Aug. 3, 1854-346. Aug. 4, 1854-575. Aug. 4, 1854-576. Aug. 30, 1854-1109, Aug. 30, 1854-1110, Dec. 19, 1854-598. Dec. 26, 1854-1132. Feb. 10, 1855-849. Feb. 22, 1855-1165, Mar. 2, 1855-630. Mar. 2, 1855-634. Mar. 3, 1855-684. Mar. 3, 1855-701. Mar. 17, 1842-581. Sep. 17, 1851-749. July 31, 1855-621. Feb. 11, 1856-679. June 3, 1856- 18. June 3, 1856- 21. Vol. L. D. Page L. D. Page this book. Sec. 7, Vol. 3-230-307-228. Vol. 8-70-498. Sec. 7, Vol. 8-4. Vol. 31-199-278. Sec. 6, Vol. 31-187-335. Sec. 7, Vol. 31-335. Vol. 4-34. Vol. 5-64-270-545. Vol. 6-158-302-697. Sec. 6, Vol. 6-20. Sec. 7, Vol. 7-272-349. Vol. 9-49-408. Sec. 6, Vol. 9-449. Vol. 33-76. 37-164. Vol. 38-335. Vol. 4-391. Vol. 7-156. Vol. 8-184. Vol. 20-106. Vol. 16-410. Vol. 1-356-384. Vol. 9-404. Vol. 28-25. Vol. 10-607. Vol. 13-511. Vol. 12-177. Vol. 25-18. Vol. 6-649. Vol. 8-207. Vol. 12-105-138. Vol. 17-463. Vol. 18-371. Vol. 20-531. Vol. 21-121-309. Vol. 22-40-42. Vol. 32-150. Vol. 33-563. Vol. 37-1. Vol. 39-555. Vol. 1-306. Vol. 2-437-443-450. Sec. 5, Vol. 4-103. Sec. 5, Vol. 5-428. Sec. 5, Vol. 6-596. Vol. 9-234. Sec. 6, Vol. 9-602. Sec. 6, Vol. 10-522. Vol. 13-51. Vol. 19-470. Vol. 32-64. Sec. 6, Vol. 32-301. Vol. 37-697. Vol. 3-558. Vol. 3-205. Sec. 16, Vol. 17-45. Vol. 1-168-279. Sec. 8, Vol. 1-623. Sec. 8, Vol. 14-97-356- 606. Vol. 16-408-448. Sec. 8, Vol. 18-377. Vol. 19-397. Sees. 5 and 6, Vol. 31-189. Sec. 8, Vol. 31-204. Sec. 8, Vol. 34-507. Vol. 2-414-421-522. Sec. 8, Vol. 3-137. Vol. 4-312-431-501. Sec. 8, Vol. 4-482. Vol. 7-551. Vol. 8-70. Sec. 8, Vol. 35-94-603. Sec. 8, Vol. 36-456. Vol. 39- 137-424. Vol. 1-496. Vol. 14-332. Vol. 2-457-496. Vol. 23-343-460. Vol. 24-364-396-228. Vol. 25-22. Vol. 26-96-630. Vol. 27-329. Vol. 33-17. Vol. 16-408. Vol. 30-99. Vol. 8-70. Vol. 3-591. Vol. 9-392. Vol. 11-107. Vol. 13-679. 18-290. Vol. 19-519-66-320. Vol. 34-417. Sec. 2, Vol. 14-576. Vol. 21-119. Vol. 23-151. Vol. 1-14. Vol. 14-585. Vol. 27-420-482. Vol. 37-400. Vol. 6-317. Vol. 10-513. Art. 6, Vol. 29-630. Vol. 9-114. Vol. 38-486. Vol. 5-102-541. Vol. 10-4. Vol. 12-53. Vol. 13-230. 17-515. Vol. 22-302-501-568. Vol. 25-455. Vol. Vol. 28-495. Art. 6, Vol. 29-284. Vol. 32-328-666. 37-399. Vol. 5-714. Vol. 3-396-572-583. Vol. 4-5. Vol. 5-464-637. Vol. 9-125-458-640. Vol. 10-121. Vol. 18-273. Vol. 33-626. Sec. 2, Vol. 2-670. Vol. 7-243. 582. Vol. 1-224-504. Vol. 24-231. Vol. 10-168. Vol. 1-3-6-15. Vol. 30-190. Vol. 24-480. Vol. 31-223. Vol. 33-225. Vol. 34-21-551-606-611. Vol. 35-87-98-310-610. Vol. 36-206. Vol. 37-201. STATUTE NO. 11. Vol. 37-597. Vol. 37-411'. Vol. 15-104. Vol. 12-177. Vol. 25-119. Vol. 1 .109. Vol. 10-637. Vol. 14-321-328. Vol. 21-246. 27-275. Vol. 35-505. Vol. 1-395. Vol. 4-156. Vol. 5-432. Vol. 6-451-.v25-G50. 8-87-181. Vol. 10-676. Vol. 12-152. Vol. 13-556. VoL Vol. 26-20. Vol. Vol. 8-622. Vol. 32-197. Vol. 19-127- Vol. Vol. Vol. 15-312-484. Vol. 17-420. Vol. 18-270-403. Vol. 19-149- 38 Date of Act. Page. Apr. 25, 1856-657. May 15, 1856- 9. May 17, 1856- 15. Feb. 5, 1856-663. June 3, 1856- 17. June 3, 1856- 10. June 3, 1856- 20. June 26, 1856- 22. Feb. 26, 1857-166. Mar. 3, 1857-200. Mar. 3, 1857-251. Mar. 3, 1857-195. Mar. 3, Mar. 3, Nov. 5, May 2, May 4, May 11, May 24, June 2, 1857-517. 1857-354. 1857-735. 1858-531. 1858-269. 1858-285. 1858-533. 1858-294. June 3, 1858-308. June 12, 1858-332. June 12, 1858-336. Dec. 22, 1858-374. Feb. 2, 1859-385. Feb. 14, 1859-383. Feb. 14, 1859-384. Vol. L. D. Page L. D. Page this book. 282-307. Vol. 26-685. Vol. 32-126. Vol. 20-416. Vol. 2-483. Vol. 8-546. Vol. 9-270-597-637. Vol. 10-176-575. Vol. 11-170-271. Vol. 21-46. Vol. 23-79. Sec. 4, Vol. 24- 125. Vol. 25-44-458. Vol. 26-157-509. Vol. 29-79-228. Vol. 2-532-561. Vol. 3-245. Vol. 4-149. Vol. 7-56. Vol. 14-103. Vol. 15-3-529. Vol. 16-317. Vol. 17-6. Vol. 18- 237. Vol. 19-414. Vol. 20-79. Vol. 22-452. Vol. 26-600. Vol. 27-55. Vol. 25-19. Vol. 2-475-484-501. Vol. 3-242-305. Vol. 6-427. Vol. 8-33. Vol. 12-117-254. Sees. 1 and 6, Vol. 14-129. Vol. 15-391. Vol. 16-71-442. Sees. 1 and 6, Vol. 17-70. Vol. 20-408. Vol. 22-273. Vol. 23-288. Vol. 30-310-410. Vol. 32-113. Vol. 33-30-199-490. Vol. 35-540. Vol. 5-82-512. Vol. 6-191-196. Vol. 8, 590. Vol. 9-221-465-483. Vol. 10- 63-47. Vol. 11-608-615. Vol. 16-303. Vol. 17-437. Vol. 18-176-483-486-502. Vol. 19-136-141. Vol. 20-62-142-227. Vol. 21-128. Vol. 22-33-238-459-558. Vol. 23-58-217-413. Vol. 24-9-256. Vol. 25-87. Vol. 26-495-688. Vol. 30-161. Vol. 31-340. Vol. 34-389. Vol. 37-688-692. Vol. 4-156. Vol. 8-31. Vol. 38-274. Sec. 5, Vol. 32-326. Sec. 4, Vol. 35-4. Vol. 1-200. Sec. 2, Vol. 5-712. Sec. 2, Vol. 22-550. Vol. 1-504-509. Vol. 2-653. Vol. 3-396-571-583. Vol. 4-4. Vol. 5-464-637. Vol. 7-243-514. Vol. 8-65-370-378. Vol. 9-125-458-640. Vol. 10-45-121-163-393-394. Vol. 13-343. Vol. 18-373. Vol. 19-127-223. Vol. 23-184. Vol. 24-163- 231. Vol. 25-205. Vol. 26-5-98-182. Vol. 28-560. Vol. 30-272-472. Vol. 32-371. Vol. 37-348. Vol. 2-48-495-502-511. Vol. 3-527. Vol. 4-127-232-251-225. Vol. 5-144-565. Vol. 6-198. Vol. 7-151. Vol. 8-55. Vol. 9-649. Vol. 10-686. Vol. 11-170. Vol. 12-373-375-501. Vol. 13-349-353-440. Vol. 14-639. Vol. 15-536. Vol. 17- 429. Vol. 18-87-512. Vol. 20-23-249. Vol. 23-540. Vol. 24-340. Vol. 25-86. Vol. 26-585. Vol. 27-160-406. Vol. 28-340. Vol. 31-339. Vol. 32-21. Vol. 34-631. Vol. 2-390. Vol. 28-374. Vol. 11-134. Vol. 36-10. Sec. 1, Vol. 35-4. Vol. 4-427. Vol. 28-375. Vol. 21-564. Vol. 2-394-403-429-431. Sec. 2, 'Vol. 3-72. Vol. 3-240. Sec. 3, Vol. 4-129-443. Sec. 3, Vol. 5-284-510-617. Vol. 6-436- 447. Sec. 3, Vol. 7-1-152. Sec. 3, Vol. 8-80-391-455-463. Sec. 3, Vol. 9-166-498-514. Vol. 11-378. Sec. 3, Vol. 11-147. Vol. 15-523. Vol. 16-500. Vol. 17-56-73. Vol. 20-502. Vol. 21-520. Sec. 3, Vol. 28-275. Vol. 30-661. See. 3, Vol. 31- 45-133-344-400. Vol. 32-370. Sec. 3, Vol. 33-409-625. Sec. 3,Vol. 25-124-483. Vol. 36-12-206-502. Vol. 37-23-618. Vol. 35-628. Sec. 6, Vol. 2-603-608. Sec. 6, Vol. 5-633. Vol. 14-210. Vol. 26-330. Vol. 2-720. Vol. 3-387. Vol. 5-61. Vol. 16-447. Vol. 1-633. Vol. 3-330-383. Vol. 5-216-545. Vol. 6-73-496- 697. Vol. 7-580. Vol. 8-4-308-495. Vol. 9-554. Vol. 1-11- 881-382-529. Vol. 12-165-113-378-709-729. Vol. 14-214. Vol. 17-44. Vol. 20-35. Vol. 21-220-410. Vol. 24-12-107-582. Vol. 28-375. Vol. 18-344. Vol. 31-336. Vol. 32-183. Vol. 36-93. Vol. 37-432. Vol. 18-347. Sec. 4, Vol. 35-4. Vol. 24-116, 39 Date of Act. Page. Feb. 26, 1859-388. Feb. 28, 1859-387. Mar. 3, 1859-430. Mar. 4, 1859-425. Aug. 11, 1856- 30. Aug. 18, 1856- 87. Aug. 18, 1856-473. June 9, 1855-951. Mar. 8, 1859-975. Mar. 12, 1860- 3. Mar. 12, 1860. Apr. 11, 1860-836. June 14, 1860- 33. June 21, 1860- 71. June 21, 1860-866. June 21, 1860- 72. June 21, 1860- 70. June 22, 1860- 84. June 22, 1860- 87. June 23, 1860- 90. June 24, 1860- 85. Dec. 17, 1860-124. Jan. 29, 1861-126. Jan. 29, 1861-127. Feb. 28, 1861-172. Mar. 2, 1861-239. Mar. 2, 1861-887. July 24, 1861-274. Aug. 6, 1861-326. Nov. 15, 1861-191. Feb. 13, 1862-339. Mar. 25, 1862-374. May 20, 1862-392. May 30, May 30, June 2, June 2, June 24, June 24, July 1, 1862-409. 1862-410. 1862-413. 1862- 62. 1862-237. 1862-240. 1862-489. Vol. L. D. Page L. D. Page this book. Vol. 15-15. Vol. 24-540. Vol. 30-5. Sec. 11, Vol. 13-511. Vol. 10-606. Vol. 25-352. Vol. 12-269. Vol. 16-236. Vol. 19-534. Vol. 33-326. Vol. 2-603-608. Vol. 3-556. Vol. 5-633. Vol. 15-491. Vol. 17-356. Vol. 19-47-477. Vol. 23-237. Vol. 26-331. Vol. 2-431. Vol. 3-240. Vol. 4-130. STATUTE NO. 12. Vol. 33-539. Vol. 1-368. Vol. 25-268. Vol. 31-243. Vol. 32-28-468. Vol. 35-445. Vol. 38-320. Vol. 1-515. Vol. 2-641-642. Vol. 3-335-467-476. Vol. 4-226. Vol. 5-102. Vol. 8-179. Vol. 13-341-344. Vol. 18-327. Vol. 21-342-256-279. Vol. 22-76-388. Vol. 23-150-178-305- 461. Vol. 25-11. Vol. 27-418. Vol. 28-239-318-390. Vol. 32-55-65-664-498-531-593-325-328. Vol. 33-28-47-102. Vol. 35-326. Vol. 37-375-385-400. Vol. 38-284-591. Vol. 1-500. Vol. 21-332. Vol. 23-321. Vol. 27-85. Vol. 37- 34. Vol. 38-373. Vol. 1-173-222-232-246. Sec. 5, Vol. 4-102. Vol. 5-321-416. Sec. 8, Vol. 13-294. Vol. 18-383. Vol. 2-422. Vol. 11-204. Vol. 14-356-607. Vol. 16-447. Vol. 18-387. Vol. 19-397. Vol. 27-683. Vol. 29-44. Vol. 30- 98-499. Vol. 32-117. Sec. 6, Vol. 36-456. Vol. 37-570. Vol. 4-132. Sec. 6, Vol. 5-705. Vol. 12-676. Vol. 13-624-646. Vol. 30 98-499. Vol. 10-168. Vol. 2-9. Vol. 5-531. Vol. 15-128. Vol. 10-616. Sec. 6, Vol. 35-483. Vol. 37-611. Vol. 35-88. Vol. 37-208. Vol. 1-272. Vol. 2-430-431. Vol. 3-73. Vol. 4-475. Vol. 9- 556. Vol. 22-300. Vol. 24-208. Sec. 11, Vol. 31-260. Sec. 11, Vol. 34-539. Sec. 6, Vol. 35-483. Vol. 24-160. Sec. 3, Vol. 2-695. Sec. 3, Vol. 5-713. Vol. 22-552. Vol. 6-413. Vol. 14-682. Vol. 4-427. Vol 18-125. Vol.23-348. Vol. 24-528. Vol. 28- 359. Vol. 16-447. Vol. 20-38. Vol. 34-294. Vol. 34-294. Vol. 24-513. Vol. 36-245. Sec. 3, Vol. 32-45. Vol. 32-46. Sec. 5, Vol. 2-60. Vol. 3-510. Sec. 8, Vol. 4-349. Sec. 2, Vol. 6-135. Vol. 9-144-589. Vol. 13-615. Vol. 18-348. Sec. 8, Vol. 19-117. Vol. 23-542. Vol. 25-83. Vol. 28-80. Sec. 1, Vol. 31-26-119. Vol. 32-658. Vol. 33-523. Sec. 4, Vol. 33-42. Vol. 34-66. Vol. 35-80. Vol. 37-220. Vol. 13-294. Vol. 33-90. Vol. 8-69. Vol. 13-295. Vol. 40-50. Vol. 1-631. Vol. 28-430. Vol. 33-532. Vol. 9-589. Vol. 30-458. Vol. 30-458. Sec. 3, Vol. 1-336-446. Vol. 2-477-488-527-846. Vol. 3-538. Sec. 2, Vol. 3-587. Vol. 5-662. Sec. 3, Vol. 5-62-104-470- 553. Sec. 9, Vol. 5-62. Vol. 6-322-386-658. Vol. 7-13. Sec. 7, Vol. 8-293. Sec. 3, Vol. 9-214-595. Vol. 10-168-281- 467-569. Vol. 11-108. See. 3, Vol. 11-90-238. Vol. 12- 608. Vol. 13-627. Sec. 14, Vol. 13-189. Sec. 3, Vol. 14- 543. Vol. 18-454. Sec. 7, Vol. 19-100. Vol. 20-4G7. Vol. 40 Date of Act. Page. July 5, 1862-620. July July July Feb. Mar. Mar. Mar. 7, 1862-503. 12, 1862-543. 12, 1862-623. 21, 1863-658. 3, 1863-819. 3, 1863-754. 3, 1863-772. Mar. 3, 1863-808. Mar. 11, 1863-1249. Feb. 24, 1863-664. Feb. 24, 1863-644. July 12, 1863-624. June 2, 1864- 95. June 2, 1862- 95. Oct. 12, 1863-667. Mar. 21, 1864- 35. Mar. 21, 1864- 30. Mar. 21, 1864- 67. Apr. 8, 1864- 39. Apr. 12, 1864-689. Apr. 12, 1864-690. May 5, 1864- 33. May 5, 1864- 66. May 5, 1864- 63. May 5, 1864-668. May 7, 1864-693. May 7, 1864-695. May 12, 1864- 72. May 12, 1864- 74. May 12, 1864- 79. May 26, 1864- 85. May 28, June 7, June 18, June 18, June 25, June 30, June 30, 1864- 94. 1864-119. 1864-137. 1864-409. 1864-184. 1864-325. 1864-412. Vol. T,. D. Page L.. D. Page this book. 22-341. Vol. 23-161. Sec. 14, Vol. 24-29. Sec. 2, Vol. 25- 540. Vol. 26-59-252-602-680. Sec. 7, Vol. 20-706. Vol. 27-43-498-452. Vol. 28-32. Sec. 3, Vol. 28-76. Vol. 29-38- 98. Sec. 3, Vol. 29-87. Vol. 30-153. Vol. 31-442. Vol. 32-23. Vol. 33-89-506-528. Vol. 3-129. Vol. 4-163. Vol. 6-452. Vol. 8-190. Vol. 18- 403. Vol. 13-571. Vol. 14-377. Vol. 23-461. Vol. 9-627. Vol. 32-46. Vol. 3-580. Vol. 3-288-298. Vol. 5-447. Vol. 5-365. Vol. 28-66 211 Vol. 8-23. Vol. 11-131. Vol. 18-349. Vol. 23-343. Vol. 260496. Vol. 30-490. Vol. 31-199. Sec. 14, Vol. 12-183. Sec. 13, Vol. 27-505. Sec. 13, Vol. 32- 301. Sec. 14, Vol. 37-497. Vol. 10-5. Vol. 13-230. Vol. 22-501-580. Vol. 26-20. Vol. 28-495. Vol. 29-284. Vol. 1-168. Vol. 16-411. Vol. 30-99. Vol. 32-604. Sec. 2, Vol. 34-186. Vol. 11-530. Vol. 8-258. Vol. 13-249-353. Vol. 23-540. Vol. 9-371. STATUTE NO. 13. Vol. 10-176. Vol. 11-271. Vol. 12-543. Vol. 21-46. Vol. 23- 79. Sec. 4, Vol. 24-125. Vol. 25-440-458. Vol. 26-156-508. Vol. 29-288-79. Vol. 21-565. Vol. 22-302. Vol. 26-276. Vol. 28-376. Vol. 1-362. Vol. 3-448-481. Vol. 19-83. Vol. 31-171. Vol. 40-63. Vol. 15-259. Vol. 18-51. Vol. 2-460. Vol. 33-308. Art. 7, Vol. 7-565. Vol. 6-101. Vol. 2-642. Vol. 13-331. Vol. 4-407. 24-320. Vol. 25-537. Vol. 29-242. 32-432 Vol. 34-107. Vol. 36-329. Vol. 5-83-512. Vol. 6-191-197-209. Vol. 9-222-483. Vol. 10- 63-147. Vol. 11-608-615. Sec. 6, Vol. 14-547. Vol. 16-303. Vol. 17-437. Vol. 18-176-486-502. Vol. 19-136-141-254-410. Vol. 20-62-143-227. Vol. 21-128. Sec. 3, Vol. 21-417. Vol. 28-33-238-459-558. Vol. 23-58-217-413. Vol. 24-356. Sec. 4, Vol. 24-9. Vol. 25-87-308. Vol. 26-688-699. Vol. 31- 340. Vol. 34-389. Vol. 25-410. Vol. 34-416. Vol. 5-102. Vol. 13-230. Vol. 27-418. Vol. 28-495. Vol. 29- 285. Vol. 32-325-328. Vol. 37-399. Vol. 10-5. Vol. 12-53. Vol. 22-501-580. Vol. 26-20. Sec. 1, Vol. 5-203. Vol. 6-48-54-611. Sec. 7, Vol. 12-542. Sec. 7, Vol. 13-349. Vol. 14-320. Vol. 38-251. Vol. 3-329. Vol. 13-734. Vol. 33-206. Sec. 2, Vol. 26-276. Vol. 23-206-429. Vol. Vol. 30-404. Vol. 31- Vol. 15-121. Vol. 24- Vol. 30- 163. Vol. 25-293. Vol. 27-406-717. Vol. 29-504. 120. Vol. 32-197. Vol. 17-429. Vol. 26-351-407. Vol. 9-602. Vol. 21-228. Vol. 27-507. Vol. 32-301. Sec. 13, Vol. 32-310. Vol. 34-27. Vol. 10-676. Vol. 12-216. Vol. 12-216. Vol. 2-443. Vol. 23-167. Vol. 38-549. Vol. 25-254. 41 Date of Act. Page. July 1, 1864-332. July 1, 1864-343. Page this book. Vol. 2-347-367-372. Sec. July July July 1, 1864-335. 1, 1864-339. 2, 1864-364. July 2, 1864-356. July 2, 1864-374. July 2, 1864-355. July 2, July 2, July 11, Feb. 23, Jan. 30, Feb. 27, Mar. 3, Mar. 3, 1864-353. 1864-169. 1864-125. 1865-432. 1865-567. 1865-441. 1865-504. 1865-526. Mar. 3, 1865-530. Mar. 3, 1865-520. Mar. 3, 1865-519. Mar. 3, 1865-529. Apr. 19, 1864- 47. Vol. L. D. Page L. D. Vol. 1-173-185-212-213-334-246-366. 1, Vol. 3-424. Sec. 2, Vol. 3-881. Sec. 2, Vol. 4-101. Vol. 5-63-321-495. Vol. 5-46. Vol. 6-180. Vol. 11-491. Vol. 12-666. Vol. 13-295. Vol. 18-388. Vol. 29-128. Vol. 30- 346. Sec. 6, Vol. 34-189. Vol. 1-502. Vol. 4-337. Vol. 6-499. Vol. 14-484. Vol. 25- 237. Vol. 28-467-420. Vol. 2-660. Vol. 6-526. Vol. 13-729. Vol. 38-262. Vol. 11-131. Vol. 14-164. Vol. 18-349. Sec. 6, Vol. 1-382. Vol. 2-513-517-529-536-554-569-676-860. Vol. 3-491-538. Vol. 4-251. Sec. 2, Vol. 5-138. See. 3, Vol. 5-312-335-460-474. Vol. 6-400. Sec. 6, Vol. 6-11-508- 658. Vol. 7-86-100-131-238-244-357-578. Sec. 1, Vol. 8-17. Sec. 3, Vol. 8-13. Sec. 3, Vol. 9-154. Sec. 8, Vol. 9-416. Sec. 3, Vol. 10-258-427-645. Sec. 6, Vol. 10-307-542-655- 663. Vol. 11-608. Sec. 3, Vol. 11-2-483. Sec. 6, Vol. 11- 483. Sees. 5 and 6, Vol. 12-128. Vol. 13-232. Vol. 14- 187-301-377-484-612-625. Vol. 15-282-388. Sec. 3, Vol. 15- 440. Sec. 16-144-229-353-421-459. Vol. 17-224-406-432-545. Sec. 3, Vol. 17-40-60. Sec. 6, Vol. 17-8-33. Vol. 18-255- 464-596. Sec. 3, Vol. 18-224. Sec. 6, Vol. 18-436-550. Vol. 19-189-236-532. Sec. 3, Vol. 19-20. Sec. 6, Vol. 19- 87-102. Vol. 20-188. Sec. 6, Vol. 20-332. Vol. 21-57-412. Sec. 3, Vol. 21-413. Vol. 22-41-443. Sec. 2, Vol. 22-454- 558. Sec. 3, Vol. 22-255. Sec. 21, Vol. 22-471. Vol. 24- 339. Sec. 3, Vol. 24-320. Sec. 6, Vol. 24-160. Vol. 25-73- 233-309-349-511-536. Sec. 3, Vol. 25-79. Vol. 26-652-689. Vol. 27-160-286-468-505. Sec. 6, Vol. 27-296. Vol. 28-494. Sec. 2, Vol. 28-412. Vol. 29-224-240-242. Sec. 3, Vol. 29- 87. Sec. 6, Vol. 29-344. Vol. 30-17-19-95-153-249-278-309- 404. Vol. 31-31-32-109-151-219-432. Vol. 32-655. Vol. 33- 368-636. Sec. 6, Vol. 33-228. Vol. 34-107-147-665. Vol. 35-77-178-360-457-472. Vol. 36-156-329-370. Vol. 37-71-260- 273-595-688-592. Vol. 38-78-321-386-496. Vol. 39-314-565. Vol. 1-346. Vol. 2-846. Vol. 5-663. Sec. 4, Vol. 5-62. Vol. 6-322-387-580. Vol. 7-13-406. Vol. 8-292. Vol. 9-214. Vol. 10-168-281-467-569. Vol. 11-108. Sec. 4, Vol. Tl-90- 238. Vol. 11-608. Vol. 13-627. Sec. 17, Vol. 13-188. Sec. 17, Vol. 14-196. Vol. 17-43. Sec. 5, Vol. 19-100. Vol. 20- 467-497. Vol. 22-341. Vol. 22-537. Vol. 23-151. Sec. 17, Vol. 24-29. Vol. 25-39-499. Vol. 26-252-706. Sec. 2, Vol. 26-59. Vol. 27-46-183-297. Sec. 11, Vol. 27-463. Vol. 28- 32-76-128-575. Vol. 29-38-98. Vol. 31-442. Vol. 32-23-616. Vol. 33-89-506-528. Sec. 20, Vol. 36-370. Vol. 3-556. Vol. 5-270. Vol. 15-491. Vol. 26-331. Vol. 27- 343. Vol. 12-362. Vol. 18-60. Vol. 19-49-591. Vol. 22-171. Vol. 25-390. Vol. 30-620. Vol. 31-215. Vol. 37-154. Vol. 37- 5-11. Vol. 18-454. Vol. 40-438. Vol. 12-681. Vol. 36-462. Vol. 25-410. Vol. 26-602. Sec. 9, Vol. 28-351. Vol. 2-477. Vol. 5-63. Vol. 2-481-502-511. Vol. 3-527. Vol. 4-126-332-427. Vol. 5- 144-565. Vol. 6-611. Vol. 7-551. Vol. 8-255. Sec. 4, Vol. 9-454. Vol. 12-373. Sec. 7, Vol. 12-541. Vol. 13-349-353- 440. Vol. 14-638. Vol. 15-536. Vol. 18-87-101-512. Vol. Vol. 23-440. Vol. 26-226-585. Vol. 27-160. Vol. 34-631. 20-23-249. Vol 32-21. Vol. 5-265. Vol. 12-215. Vol. 11-475. Vol. 14-484. Vol. 18-125. Vol. 15-212-484. Vol. 19-149. Vol. 21-323. Vol. 23-348. Vol. 27-232. Vol. 42 STATUTE NO. 14. Date of Act. Page. Vol. L. D. Page L. D. Page this book. 28-265-359. Sec. 7, Vol. 28-125. Sec. 11, Vol. 34-4. Mar. 20, 1864- 35. Vol. 14-364. Mar. 16, 1865-675. Vol. 18-124. Mar. 8, 1866- 4. Vol. 2-347. Apr. 28, 1866-769. Vol. 27-416. May 7, 1866-355. Sec. 2, Vol. 2-860. Vol. 7-102. Vol. 9-416. Vol. 23-206. June 12, 1866-588. Vol. 16-447. June 21, 1866-360. Vol. 10-68. Vol. 19-254. June 21, 1866- 67. Vol. 23-458. July 3, 1866- 79. Vol. 3-538. Vol. 5-472-663. Vol. 7-13. Vol. 11-114. July 3, 1866- 78. Vol. 5-432. June 27, 1866- 74. Vol. 16-470. July 3, 1866- 30. Vol. 6-386. Vol. 28-455. July 3, 1866- 81. Vol. 30-161. Vol. 32-126. July 4, 1866- 87. Vol. 1-262. Vol. 2-492-502. Vol. 3-166-485-527. Vol. 4-232. Vol. 8-471. Vol.10-685. Vol. 12-228. Vol. 13-441. Vol. 15-431. Vol. 17-302-592. Vol. 18-512. Vol. 19-20-215. Vol. 21-312-471. Vol. 27-406. Vol. 28-26. Vol. 29-264-554. Vol. 30-197. July 4, 1866- 85. Vol. 25-235. Sec. 5, Vol. 31-135. Vol. 35-267. July 5, 1866- 89. Vol. 10-456. Vol. 12-232. Vol. 13-51-61. Vol. 18-25. Vol. 20-259. Vol. 22-654. Vol. 25-11. Vol. 26-357-546-638. Vol. 29-344. July 13. 1866- 97. Vol. 2-494. Vol. 8-259. Vol. 26-585. July 13. 1866- 93. Vol. 4-408. Vol. 25-536. Vol. 34-107. July 19, 1866-799. Vol. 25-298. July 21, 1866- 66. Vol. 6-744. Vol. 8-155-514. Sec. 2, Vol. 10-545. Vol. 31- 26-135. Vol. 34-21. July 23, 1866-218. Sec. 7, Vol. 1-417. Sec. 8, Vol. 1-392. Sec. 1, Vol. 3-401. Sec. 3, Vol. 3-401. Sec. 4, Vol. 3-492-522. Sec. 6, Vol. 3-89-307-434. Sec. 7, Vol. 401-423. Vol. 4-417. Sec. 1, Vol. 4-142. Sec. 1, Vol. 4-371. Sec. 7, Vol. 4-103-360. Sec. 6, Vol. 5-545. Sec. 8, Vol. 5-47. Sec. 4, Vol. 6-685. Sec. 7, Vol. 6-434. Sec. 1, Vol. 7-397-543. Sec. 6, Vol. 7-272-348. Sec.. 7, Vol. 7-210. Sec. 1, Vol. 8-480. Sec. 4 to 5, Vol. 8-78. Sec. 8, Vol. 14-607. Sec. 4, Vol. 15-428. Sec. 6, Vol. 15-10. Vol. 20-495. Vol. 23-231. Sec. 6, Vol. 23-424. Vol. 24-27-69. Vol. 27-510. Vol. 29-128-183. Vol. 29-369. Vol. 30-574. Vol. 30-345. Vol. 31-305. See. 6, Vol. 31-336. Sec. 7, Vol. 31-446. Sec. 8, Vol. 34-189. Vol. 40-550. Sec. 1, Vol. 2-643. Vol. 32-535. Sec. 8, Vol. 8-4. Sec. 17, Vol. 8-144-279. Vol. 9-112. Sec. 7, Vol. 9-241-445. Vol. 10-218. Sec. 7, Vol. 10-242. Sec. 8, Vol. 10-630. Sec. 4, Vol. 11-37. Vol. 12-667. Vol. 13-448. Sec. 4, Vol. 14-247. Sec. 7, Vol. 14-536-665. Vol. 14-247. Sec. 7, Vol. 14-536-665. July 24, 1866-221. Vol. 3-123. Vol. 26-572. Vol. 29-1. July 25, 1866-241. Sec. 8, Vol. 1-330. July 25, 1866-239. Vol. 2-490. Vol. 3-265. Sec. 2, Vol. 4-485. Vol. 7-240. Vol. 8-590. Vol. 10-499. Vol. 11-572. Vol. 12-133. Sec. 2, Vol. 12-232. Vol. 14-188. Sec. 2, Vol. 15-56. Vol. 18- 344. Vol. 18-60. Vol. 20-401. Vol. 22-354-308-349. Vol. 23-73-292-571. Vol. 24-4. Sec. 2, Vol. 24-381. Vol. 25- 248. Vol. 26-546-293-688. Vol. 27-477. Vol. 28-174-222- 363. Vol. 29-236-268-440-442-551. Vol. 30-51-342. Vol. 35-22. Vol. 37-8. Vol. 38-359. Vol. 39-6-169.287. Vol. 40-48. July 25. 1866-236. Vol. 5-136. Vol. 10-505. July 25. 1866-210. Vol. 8-590. Vol. 24-64. Vol. 25-499. Vol. 28-27. July 25, 1866-236. Vol. 13-168. Sec. 6 and 8, Vol. 28-130. Vol. 29-330. July 26, 1866-251. Sec. 3, Vol. 2-773. Sec. 11, Vol. 2-713-850. Vol. 25-235. Vol. 27-55. Vol. 29-427. Vol. 30-425. Vol. 31-125. Vol. 32-465. Sec. 9, Vol. 32-265. Sec. 12, Vol. 32-353. Vol. 34-722. Vol. 35-150-416-593-653. Vol. 37-676. July 26, 1866-289. Vol. 5-135. Vol. 14-164. Vol. 31-199. Vol. 33-471. July 26, 1866-298. Vol. 11-131. July 26, 1866-289. Vol. 17-22. Vol. 18-249. Vol. 21-490. Vol. 28-130. Vol. 45 Date of Act. Page. July 26, 1866- 25. July 26, 1866-253. July 27, 1866-292. Vol. L. D. Page L. D. Pace this honfc 29-266. Vol. 34-504. Vol. 19-415.' Vol. 37-8. Vol. 40-433. Vol. 2-645. Vol. 3-130-477. Vol. 4-94. Vol. 5-415-437-619 Vol. 6-86-357-679. Vol. 8-155. Vol. 9-420. Vol 10-216. Vol. 11-534. Vol. 12-116. Vol. 13-373. Vol. 14-11-158-610. Vol. 15-451. Vol. 16-317. Vol. 17-587. Vol. 17-201-418. Sec. 6, Vol. 17-11. Vol. 19-45-271-277-441. Vol. 21-163-433. Vol. 122-214-429-494. Vol. 23-468-500 Vol. 25-224-367. Vol. 26-452. Vol. 27-241-454. Sec. 2 Vol. 27-322-649. Vol. 28-23-479. Vol. 29-135-640. Vol 29-36. Vol. 30-95-101-239-247-389. Vol. 31-271-273-278- 327-328-434. Vol. 32-51-77. Sec. 3, Vol. 32-84. Vol. 33- 115. Vol. 34-110-551. Vol. 35-83-603. Sec. 4, Vol. 35-149. Vol. 37-100-237-245. Vol. 39-136-336-425. July 27, 1866-294. Vol. 24-173. July 27, 1866-295. Vol. 30-95-111-239-247-389. July 28, 1866-338. Vol. 6-443-445-535. Vol. 11-168. Sec. 1 and 2, Vol. 11-157. Vol 12-560. Vol. 24-274. Jan. 22, 1867-377. Vol. 7-134. Dec. 26, 1866-374. Vol. 12-363. Vol. 22-171. Vol. 31-215. Vol. 32-154. Feb. 5, 1867-909. Vol. 32-616. Mar. 2, 1867-544. Vol. 9-558. Mar. 2, 1867-635. Vol. 6-13. Mar. 2 1867-542. Sec. 4, Vol. 16, 412 214 Mar! 3', 1867-54L Vol. 1-499. Vol. 5-267. Vol. 13-406. Vol. 21-72. Vol . 28- 67-420. June 1, 1867-687. Vol. 1-521. Vol. 4-147. Vol. 9-588. Vol. 11-373. July 14, 1870-279. Vol. 17-594. STATUTE NO. 15. Feb. 23, 1867-519. Vol. 6-250. Mar. 30, 1867-539. Vol. 19-324. Vol. 32-150. Vol. 33-164. Oct. 21, 1867-581. Vol. 15-87. Vol. 28-400. Vol. 31-366. Oct. 28, 1867-593. Vol. 27-416. Mar. 2, 1868-619. Vol. 26-77. Vol. 32-119. Mar. 6, 1868- 39. Vol. 5-547. Vol. 35-412. Vol. 37-101. Apr. 28, 1868-685. Vol. 24-529. Mav 7, 1868-649. Vol. 5-139. Vol. 16-229. Vol. 17-261. Vol. 19-27. May 20, 1868-252. Vol. 19-149. June 8, 1868- 67. Vol. 5-548 214 June 25* 1868- 80. Vol. 2-490. Vol. 8-590. June 25, 1868-178. Vol. 8-495. Vol. 14-527. July 1, 1858-252. Vol. 2-860. Vol. 7-102. Vol. 9-417. July 16, 1868- 91. Vol. 4-342. Vol. 33-530. July 25, 1868-158. Sec. 14, Vol. 27-36. July 27, 1868-238. Vol. 5-85. July 27, 1868-223. Vol. 19-435. July 27, 1868-240. Vol. 19-324. Vol. 30-418. July 27, 1868-198. Vol. 33-209. July 27, 1868-221. Vol. 33-209. Sec. 6, Vol. 33-209. July 28, 1868-187. Vol. 25-226. June 6, 1868- 68. Vol. 13-571. Feb. 9, 1869-438. Vol. 16-447. Feb. 24, 1860-673. Vol. 31-147. Feb. 25, 1869-275. Vol. 1-269. Vol. 9-254. Vol. 11-226. Vol 14-626. Feb. 25, 1869-440. Vol. 8-287. Mar. 1, 1869-346. Vol. 38-79. Mar. 1, 1859-342. Vol. 2-425. Vol. 14-358. Vol. 16-447. Vol. 18-279. Vol. 71-205. Vol. 36-132. Mar. 3, 1869-324. Vol. 6-387. Vol. 20-467. Mar. 3, 1869-348. Vol. 6-390. Vol. 30-418. Mar. 3, 1869-340. Vol. 14-121. Vol. 18-401. Vol. 26-440. Mar. 3, 1869-338. Vol. 18-61. Mar. 3, 1869-455. Vol. 20-38. July 15, 1870-362. Vol. 5-305-539. Apr. 29, 1868-635. Vol. 5-244. Vol. 10-329. Vol. 13-307. Vol. 17-458. oo rrco -\r^i no nxn IT~I o/i rno Vol. 22-553. Vol. 28-259. Vol. 34-703. 44 STATUTE NO. 16. Date of Act. Page. Vol. L. D. Page L D. Page this book. Oct. 14, 1864-770. Vol. 32-458. Apr. 10, 1869- 45. Vol.,3-242. Vol. 6-428. Vol. 8-34. Vol. 15-391. Vol. 20- 408. Apr. 10, 1869- 56. Vol. 5-691.A Apr. 10, 1869- 57. Vol. 6-400. Vol. 7-102. Vol. 18-255. Vol. 23-71. Apr. 10, 1869- 54. Vol. 6-590. Apr. 10, 1869- 55. Vol. 5-305. Vol. 9-589. Vol. 11-373. Vol. 24-6. Feb. 17, 1870-707. Vol. 18-61. Vol. 32-666. May 4, 1870- 94. Vol. 5-549. Vol. 6-292. Vol. 14-283. Vol. 16-494. Vol. 20- 175. Vol. 26-592. Vol. 28-345. Sec. 2, Vol. 28-331-365. Vol. 35-457. Vol. 37-273. - May 6, 1870-118. Vol. 6-590. May 6, 1870-121. Vol. 2-844-845. Vol. 23-326. May 31, 1870-378. Vol. 2-508-513-517-859. Vol. 6-401. Vol. 7-102. Vol. 8-13. Vol. 10-16. Vol. 11-92. Vol. 14-187. Vol. 15-282. Vol. 16-488-494. Vol. 18-255-596. Vol. 19-225-234-460. Vol. 19-307. Vol. 20-514. Vol. 21-57-263. Vol. 22-14-600. Vol. 34-105-147-209-665. Vol. 35-449-457-472-588. Vol. 36-330- 369. Vol. 37-273-595. Vol. 38-77-386. Vol. 39-389. June 28, 1870-382. Vol. 1-627. Vol. 2-513-559. Vol. 5-381. Vol. 14-264-611. Vol. 25-223. June 28, 1870-386. Vol. 22-185. July 1, 1870-446. Vol. 4-313. July 8, 1870-196 Vol. 25-437. July 9, 1870-217. Sec. 12, Vol. 2-765. Vol. 7-550. Vol. 21-329. Vol. 25-335. Vol. 27-55. Vol. 29-14-405. Vol. 31-135. Sec. 12, Vol. 32- 363. Sec. 17, Vol. 32-256. Vol. 34-318. Sec. 12, Vol. 35-653. July 11, 1870-230. Vol. 16-411. July 12, 1870-251. Sec. 5, Vol. 18-195. Vol. 19-373. July 14, 1870-377. Vol. 21-246. July 14, 1870-279. Vol. 1-356-379-631. Vol. 5-530-554. Vol. 7-16. Vol. 11-195. Vol. 12-233. Vol. 14-657. Vol. 28-81. July 14, 1870-277. Vol. 5-271. Vol. 10-637. Vol. 14-221-321. Vol. 15-347. Vol. 16-65-94. Vol. 20-201. Vol. 27-274. July 14, 1870-278. Vol. 10-56-569. July 15, 1870-304. Vol. 4-430. Vol. 8-422. Vol. 34-507. July 15, 1870-305. Vol. 5-345. May 31, 1870-378. Vol. 23-70-265-445. Vol. 25-71-511-536. Vol. 26-504-592-652. Vol. 28-298. Vol. 29-224-242. Vol. 30-252-404. Vol. 31- 151-219. Vol. 32-656. Vol. 33-427. July 9, 1870- 12. Vol. 19-415. Apr. 28, 1870- 93. Vol. 22-431. Vol. 23-348. Vol. 24-374. Vol. 28-125. July 15, 1870-314. Vol. 7-135. July 15, 1870-291. Vol. 14-97. Sec. 291 to 304, Vol. 16-412. Vol. 29-53. July 15, 1870-315. Sec. 25, Vol. 33-318. July 15, 1870-362. Vol. 4-146. Vol. 8-177. Vol. 9-589. Vol. 11-373. July 15, 1870-335. Vol. 16-324. Sees. 9 and 10, Vol. 34-208. July 15, 1870-363. Vol. 26-357. July 15, 1870-361. Vol. 34-208. Feb. 6, 1871-404. Vol. 12-178. Vol. 25-19. Feb. 18, 1871-416. Vol. 1-4-7-15. Vol. 13-585. Vol. 35-99. Vol. 37-200. Feb. 24, 1871-430. Vol. 21-437. Vol. 33-14. Sec. 1, Vol. 36-242. Mar. 3, 1871-601. Vol. 1-356-380. Vol. 5-530. Vol. 7-16. Vol. 9-596. Vol. 11- 195. Vol. 14-657. Vol. 17-594. Vol. 28-81. Mar. 3, 1871-573. Vol. 2-547-548-550. Vol. 3-165-253-285. Vol. 4-215. Vol. 5- 415. Sec. 23, Vol. 5-693. Vol. 7-487. Vol. 10-638. Vol. 13-655. Vol. 14-8-322-328-365. Vol. 15-347. Vol. 19-245. Vol. 21-246. Vol. 25-108-352. Vol. 29-244. Vol. 29-135- 640. Vol. 30-111-247-389. Vol. 30-312. Vol. 31-278-326- 327-434. Vol. 32-77. Sec. 22, Vol. 33-324. Sec. 23. Vol. 133-515. Sec. 33, Vol. 37-100-237. Mar. 3, 1871-588. Vol. 2-481. Vol. 5-565. Vol. 8-257. Vol. 12-375-513. Vol. 13-349-353-447. Vol. 14-545. Vol. 15-536. Vol. 20-23-249. Vol. 23-408-540. Vol. 24-141-190-227. Vol. 25-86. Vol. 45 Date of Act. Page. Mar. 3, 1871-579. Vol. 29-115. Vol. Fage this book. 19-234. Vol. Mar. Mar. Mar. Mar. Mar. Mar. Mar. Mar. Mar. 3, 1871-581. 3, 1871-592. 3, 1871-580. 3, 1871-673. 3, 1871-578. 3, 1871-571. 3, 1871-576. 3, 1871-566. 19, 1867-719. Apr. 20, 1871- 10. Apr. 20, 1871-643. Mar. 1, 1872- 72. Mar. 1, 1872- 32. Apr. 4. 1872- 49. Apr. 5, 1872-649. Apr. 23, 1872- 55. May 8, 1872- 85. May 9, 1872- 88. May 9, 1872- 90. May 10, 1872- 91. May 10, 1872- 91. May 21, 1872-140. May 23, 1872-159. May 29, May 29, May 29, May 29, June 1, June 1, June 1, June 5, June 5, 1872-189. 1872-190. 1872-185. 1872-165. 1872-197. 1872-214. 1872-213. 1872-326. 1872-226. June 8, 1872-330. June 8, 1872-340. June 8, June 8, June 8, June 10, June 10, Jan. 31, Feb. 17, Feb. 18, Mar. 3, 1872-332. 1872-339. 1872- 34. 1872-381. 1872-378. 1873-421. 1873-464. 1873-465. 1873-605. Vol. L. D. Page L. D. 26-582. Vol. 27-160. 32-21. Vol. 4-243. Vol. 6-679-812-817. Vol. 9-471. Vol. 11-582. Vol. 13-157. Vol. 19-446. Vol. 23-468. Vol. 24-173. VoL 25-108-352. Vol. 25-62. Vol. 30-312. Vol. 5-548. Vol. 13-570. Vol. 5-432. Vol. 9-639. Vol. 15-391. Vol. 16-317. Vol. 25-108-352. Vol. 26-418. Vol. 30-312. Vol. 10-330. Vol. 27-418. 37-399. Vol. 29-284. Vol. 32-325. Vol. 33-299. VoL Vol. 33-523. Vol. 34- Vol. 31-259. Vol. STATUTE NO. 17. Vol. 1-13. Vol. 11-20. Vol. 12-276. Vol. 19-149. Vol. 17-261. Vol. 27-36. Vol. 3-510. Vol. 10-355. Vol. 28-219. 335. Vol. 2-461-594. Vol. 10-365. Vol. 15-170. 38-372. Vol. 26-77. Vol. 2-182. Vol. 1-380. Vol. 14-657. Vol. 17-537-594. Vol. 5-306-539. Vol. 6-601. Vol. 9-589. Vol. 11-63-372. Vol. 1-581. Vol. 2-741-765-773. Vol. 3-12. Vol. 9-179. Vol. 13-370. Vol. 14-597. Vol. 25-50. Vol. 27-55. Vol. 29- 155-426. Sec. 10, Vol. 29-14. Vol. 31-135. Vol. 32-333. Vol. 34-318-722. Vol. 35-267-594-653. Vol. 37-676. Vol. 39-303. Vol. 7-549. Vol. 9-114. Vol. 11-103. Vol. 12-182-357. Vol. 13-187-312-314-318. Vol. 20-50. Vol. 33-299. Sec. 2, Vol. 2-821. Vol. 34-208. Vol. 16-325. Vol. 33-299. Vol. 34-208. Vol. 10-240. Vol. 20-159. Vol. 25-429. Vol. 1-368. Vol. 2-675. Vol. 12-49. Vol. 19-533. 366. Vol. 26-43. Vol. 28-306-456. 32-280-468-492. Vol. 34-513. Sec. 2, 321. Vol. 40-599. Vol. 2-124-236. Vol. 10-355-692. Vol. 22-354. Vol. 23-154. Vol. 26-672. Vol. 28-319. Vol. 29-600. Vol. 31-170-351- 429. Vol. 32-334. Vol. 33-319-523. Vol. 34-335. Vol. 38- 376. Vol. 39-109-443. Vol. 3-196. Vol. 14-585. Vol. 16-304. Vol. 17-430. 394. Vol. 19-386. Vol. 21-354. Vol. 23-151. 482. Vol. 30-397. Vol. 3-481-510. Vol. 8-41. Vol. 14-107. Vol. 26-27. Vol. 29-479. Vol. 21-118. Vol. 2-190. Vol. 4-143. Vol. 14-548. Vol. 15-105. Sec. 1, Vol. 3-73. Vol. 9-558. Vol. 22-200. Vol. 24-208. Vol. 25-441. Vol. 29-353. Vol. 25-235-240. Vol. 31-135. Vol. 2-336. Vol. 3-510. Vol. 10-355. Vol. 13-699. Vol. 15-80. Vol. 28-219. Vol. 29-600. Vol. 31-351. Vol. 33- Vol. 23-358. Vol. 25- Vol. 31-170-243. Vol. Vol. 35-445. Vol. 38- Vol. 18- Vol. 27- 46 Date of Act. Page. Mar. 3, 1873-607. Mar. Mar. Mar. Mar. Mar. Mar. Mar. Mar. May 3, 1873-609. 3, 1873-634. 3, 1873-510. 3, 1873-582. 3, 1873-539. 3, 1873-530. 3, 1873-633. 3, 1873-631. 20, 1878- 54. Feb. 11, 1874- 15. Mar. 13, 1874- 21. Apr. 14, 1874- 29. Apr. 15, 1874- 28. Apr. 19, 1874-281. Apr. 22, 1874- 36. June 3, 1874- 52. June 6, 1874- 61. June 15, 1874- 72. June 18, 1874- 80. June 19, 1874- 85. June 20, 1874-111. June 20, 1874-110. June 22, 1874-194. June 22, 1874-167. June 22, 1874-202. June 22, 1874-203. June 22, June 22, June 22, June 23, June 23, Feb. 5, Feb. 11, 1874-424. 1874-146. 1874-173. 1874-272. 1874-283. 1875-305. 1875-315. Mar. 3, 1875-516. Mar. 3, 1875-482. Vol. L. D. Page L. D. Page this book. 523. Vol. 34-335. Vol. 39-109. Vol. 2-761. Vol. 6-500. Vol. 7-172. Vol. 10-509. Vol. 13- 414. Vol. 14-635. Vol. 15-321. Vol. 17-369-351. Vol. 19-473. Vol. 125-235. Vol. 31-135. Vol. 8-539. Vol. 9-465. Vol. 19-222. Vol. 28-321. Vol. 31-316. Vol. 31-316. Vol. 33-209. Vol. 18-101. Vol. 26-226. Vol. 9-351. STATUTE No. 18. Vol. 1-369. Vol. 19-533. Vol. 25-266. Sec. 2, Vol. 31-244. Vol. 32-28-469-492. Vol. 34-314. Vol. 35-455. Vol. 38- 333 Vol. i3-509-699. Vol. 15-80. Vol. 17-359. Vol. 18-198. Vol. 5-271. Vol. 33-181. Vol. 37-411. Vol. 6-191. Vol. 14-267. Vol. 26-77. Vol. 14-387. Vol. 37-737 .......................................... 385 Vol. 7-403-430-548. Vol. 5-271. Vol. 17-433. Vol. 18-61. Vol. 19-592. Vol. 26-367. Vol. 31-215. Vol. 4-25. Vol. 5-103. Vol. 15-151. Vol. 6-386. Vol. 37-207. Sec. 5, Vol. 18-95-267. Vol. 19-373. Vol. 1-327-359. Vol. Vol. 3-325-460-485. 818-820. Vol. 7-481. 10-50-264-609. Vol. 105-286-696. Vol. Vol. 17-429. Vol. Vol. 30-310. 2-485-527-530-533-535-540-542-561 Vol. 4-127. Vol. 6-292-611-661 Vol. 8-472. Vol. 9-72-237-649. 11-85-434. Vol. 13-665. Vol. 15-4-62-431-460-529. Vol. 16 18-275-334-550. Vol. 19-216-227 591. Vol. 20-80-82. Vol. 21-455. Voy. 22-185-560 Vol. 23-387-565. Vol. 24-381-545. Vol. 25-77-246-348 Vol. 26-68-280-601-705. Vol. 27-42-382. Vol. 28-134. 29-650. Vol. 31-162-175-424. Vol. 33-89-324-487-528. 35-21. Vol. 36-186. Vol. 39-70. Vol. 4-428. Vol. 5-546. Vol. 5-145. Vol. 9-246. Vol. 13-349-353. Vol. 18-101. 21-254-436. Vol. 24-226. Vol. 25-530. Vol. 26-226. 27-391. Vol. 29-118. Vol. 14-449. Vol. 31-244. Vol. 31-244. Vol. 2-182. Vol. 9-589. Vol. 2-340-341-343. Vol. 30-427-462-513. Vol. 32-596. Vol. 36-556. Vol. 37 -581. 617- Vol. 14- 247. 414- -689. -278. Vol. Vol. Vol. Vol. -737. 385 Vol. 1-891-610. Vol. 2-190. Vol. 15-104. Vol. 1-396-397. Vol. 2-543-814. Vol. 4-150-523-525. Vol. 6- 449. Vol. 7-541. Vol. 8-41-115-374. Vol. 11-384-432-552. Vol. 12-72-79-92-264-360-423-457-481-574. Vol. 12-18-47- 110-111-149-454-661. Vol. 14-102-117-118-266-321-326-338- 367-444-566. Vol. 15-88. Vol. 16-32-194-464. Vol. 18-264- 510. Vol. 19-588. Vol. 20-165. Sec. 4, Vol. 20-131. Vol. 21-250. Vol. 22-453-636-674-685. Vol. 23-458-519. Vol. 24-460. Vol. 25-250-290. Vol. 26-79-83-181. Vol. 27-417- 430-585-714. Vol. 28-403-439. Vol. 29-18-113-257-478-620. Vol. 30-238-241-592-600. Vol. 31-120-411. Vol. 32-34-312- Date of Act. Page Mar. 3, 1875-482. Mar. 3, 1875-420. Mar. 3, 1875-497. Mar. 3, 1875-519. Mar. 3, 1875-474. Mar. 3, 1875-511. Mar. 3, 1875-343. Mar. 3, 1875- 99. Mar. 3, 1875-420. Mar. 3, 1875-402. Mar. 3, 1875-481. Mar. 3, 1875-432. Feb. 1, 1876- 2. Apr. 10, 1876- 28. Apr. 13, 1876- 32. Apr. 21, 1876- 35. May 5, 1876- 52. May 20, 1876- 54. May 23, 1876- 55. July 5, 1876- 75. July 5, 1876- 74. July 31, 1876-121. July 31, 1876-102. Aug. 11, 1876-127. Aug. 15, 1876-208. Dec. 28, 1876-500. Jan. 12, 1877-221. Feb. 27, 1877-240. Feb. 28, 1877-254. Feb. 28, 1877-255. Mar. 1, 1877-267. Mar. 3, 1877-392. Mar. 3, 1877-377. Vol. L. D. Page L. D. Page this book. 442-481-597. Vol. 33-617. Vol. 34-593-621. Vol. 35-370- 497. Vol. 36-1-394-482-488. Vol. 37-787. Vol. 38-74-311-494. Vol. 39-32-86-89-175-209. Vol. 40-185-411. Sec. 15 and 16, Vol. 2-192. Vol. 8-57. Sec. 15, Vol. 10-443. Vol. 11-57-306. Vol. 18-549. Vol. 20-401. Vol. 21-457. Vol. 25-479-95. Vol. 31-418. Vol. 35-80. Vol. 2-21. Vol. 14-220. Vol. 16-467. Vol. 18-99-580. Vol. 19-247. Vol. 26-283-273. Vol. 29-145. Vol. 4-15. Vol. 16-495. Vol. 18-163. Vol. 5-698. Vol. 6-410. Vol. 7-460. Vol. 9-553. Vol. 10- 222. Vol. 12-71. Vol. 13-729. Vol. 14-683. Vol. 30-311. Sec. 11, Vol. 35-4. Vol. 10-68. Vol. 19-254. Vol. 13-295. , Vol. 23-61. Vol. 32-292-658. Vol. 37-220. Vol. 26-71. Vol. 31-418. Vol. 32-292-658. Vol. 25-479-95. Vol. 35-80. Vol. 37-220. Vol. 28-165. Vol. 40-187. STATUTE No. 19. Vol. 25-424. Vol. 26-255. Vol. 28-139. Vol. 17-490. Vol. 2-830. Vol. 1-358. Sec. 1, Vol. 1-353-355. Sec. 2, Vol. 1-387. Sec. 3, Vol. 1-334. Sec. 2, Vol. 2-560. Sec. 3, Vol. 2-501. Sec. 2, Vol. 3-50. Sec. 1, Vol. 4-251-344. Sec. 2, Vol. 4-209. Sec. 1, Vol. 5-145-205. Vol. 6-567-622. Sec. 1, Vol. 6-223. Sec. 3, Vol. 6-91-427. Vol. 7-223. Sec. 1, Vol. 8-318. Vol. 9-151-407-423. Sec. 1, Vol. 9-418. Sec. 3, Vol. 9-247. Sec. 1, Vol. 10-136. Sec. 3, Vol. 10-306. Vol. 11-188. Sec. 1, Vol. 11-85. Sec. 1, Vol. 13-187. Sec. 3, Vol. 13-665. Vol. 17-33. Vol. 19-575. Vol. 20-409-191-526. Sec. 1, Vol. 22-224-264. Sec. 2, Vol. 22-686. Vol. 23-6-115-339-435- 436. Sec. 1, Vol. 24-127. Sec. 2, Vol. 24-119-380. Sec. 3, Vol. 26-227. Sec. 1, Vol. 27*-42. Vol. 28-95. Sec. 1, Vol. 28-118-126. Sec. 1, Vol. 29-98-550-655. Sec. 1, Vol. 30-309-490. Vol. 1-599-169. Vol. 25-240. Vol. 31-135. Vol. 37-738. . .385 Vol. 21-315. Sec. 1, Vol. 25-502. Vol. 2-191. Vol. 1-529. Vol. 2-18*1-184-188. Vol. 9-331. Vol. 1-310. Vol. 2-371-463. Vol. 6-88. Vol. 13-295. Vol. 16-347. Vol. 20-22. Vol. 24-116. Vol. 31-211. Vol. 34- 138 Vol. 10-579. Vol. 16-347. Vol. 31-211. Vol. 34-138. Vol. 5-306. Vol. 24-7. Vol. 11-547. Vol. 13-80. Vol. 23-144. Vol. 33-11. Vol. 36-367. Vol. 39-417. Vol. 2-851. Vol. 7-549. Vol. 10-222. Vol. 14-598. Vol. 27- 515. Vol. 29-536. Vol. 31-390. Vol. 35-4-150 551 Vol. 26-687. Vol. 5-344. Vol. 10-330. Vol. 26-291. Vol. 1-403. Vol. 6-302-552. Vol. 7-580. Vol. 8-4-307-326. Vol. 14-252-319. Vol. 15-477-519. Vol. 17-288. Vol. 19- 432. Vol. 28-39-60. Sec. 2, Vol. 30-236. Vol. 9-106-208. Sec. 2, Vol. 32-381. Vol. 34-27. Sec. 2, Vol. 36-23. Sec. 2, Vol. 37-344. Vol. 1-498. Sec. 1, Vol. 3-78. Vol. 5-267. Vol. 7-143. Vol. 16-127. Vol. 17-247. Vol. 21-71-236. Vol. 22-19. Vol. 24-261-530. Vol. 26-325-503. Vol. 28-62. Vol. 30-253. Sec. 4, Vol. 33-542. Vol. 38-95-114 211 Vol. 1-26. Sec. 1, Vol. 2-22-691. Sec. 2, Vol. 2-19. Vol. 48 Date of Act. Page. Mar. 3, 1877-377. Mar 3, 1877- 73. Mar. 3, 1877-403. Mar. 3, 1877-404. Mar. 3, 1877-443. Mar. 3, 1877-357. Mar. 3, 1877-405. May 27, 1878- 63. June 3, 1878- 88. June 3, 1878- Tune 3, 1878- 91. June 14, 1878-113. Vol. L,. t>. Page L. D. Page this book. 3-10-214-464. Vol. 4-454. Vol. 5-121-152-168-482-694-708. Vol. 6-662. Vol. 8-105-368-432. Vol. 10-49-542. Vol. 11- 29-156-144. Vol. 12-376-405-632. Vol. 14-74-553-506-677. Vol. 15-272-301. Vol. 16-336-467. Vol. 17-339-398. Vol. 18-99-364-532-580. Vol. 19-84-121-232-247-506. Vol. 20- 57-113-219-324. Vol. 21-233-245. Vol. 23-61-293-450-574. Vol. 24-308-435-467-577. Vol. 26-673. Vol. 27-124-364-721. Vol. 28-11-343-499-512. Vol. 29-133-145. Vol. 30-318-356- 362. Vol. 9-7-49-202-205-275-332-381-419. Vol. 31-277-354. Sec. 1, Vol. 31-311-441. Sec. 2, Vol. 31-149. Sec. 5, Vol. 31-276. Vol. 32-256-419-471-609-669. Vol. 33-251-289-438. Vol. 34-493-677. Vol. 35-16-306-586. Vol. 36-107-188. Sec. 5, Vol. 36-396. Vol. 37-150-312. Vol. 38-216-325-421-439-509. Vol. 39-253-287. Vol. 25-150- 231-326 211 to 247 Vol. 1-173. Vol. 6-744. Vol. 7-56. Vol. 8-156-515. Vol. 14-327. Vol. 18-338. Vol. 31-136. Sec. 2303, Vol. 34-21. Sec. 2303, Vol. 35-400. Vol. 37-23-25-286-425. Vol. 2-90-200-224-660-672. Vol. 3-64-126. Vol. 4-211. Vol. 5-458. Vol. 6-138. Vol. 8-411-510. Vol. 11-362. Vol. 32- 565. Vol. 3-285. Vol. 5-136. Vol. 6-381. Vol. 37-25. Vol. 37-25. Vol. 26-79. STATUTE No. 20. Vol. 1-356-485. Vol. 2-504. Vol. 3-286. Vol. 1-597-600. Vol. 2-814-823-824-827. Vol. 12-457. Vol. 13-149. Vol. 24-167. Vol. 25-51. Vol. 26-400. Vol. 29- 349-571*573. Vol. 34-79. Vol. 35-91. Vol. 37-492-738. Vol. 38-70. Vol. 39-81-375 to 435 386 Vol. 1-600-602. Vol. 2-172-332-334-631-633-663. Vol. 3-435. Sec. 2, Vol. 3-210. VoL 4-164-178-382-381. Vol. 5-38. Vol. 6-32-184-630-691-17. Vol. 7-140-555. Sec. 2, Vol. 7- 10. Vol. 8-252-194-412. Vol. 9-12-335-384. Vol. 10-47-271. Vol. 11-145-371-484-599. Vol. 12-3-58-100-314-326-503-561. Sec. 4, Vol. 12-246. Vol. 13-598. Vol. 14-125-160-392-415- 436-618. Vol. 15-280-292-322-360-564. Vol. 16-108-216- 326-325-400-404-528-547-560. Vol. 22-96-234-337-345-424-647- 719. Vol. 23-322-330-413-517. Sec. 2, Vol. 23-298. Vol. 24-88-144-167-310-352-360-376-426. Vol. 25-51-240-437. Vol. 26-10-152-529. Vol. 26-15. Vol. 39-326-329-359-449-573. Vol. 40-85-433. Vol. 28-164-521-573. Vol. 29-149-153-196- 212-478. Vol. 30-407-560. Sec. 3, Vol. 30-177. Vol. 31- 35-201-264-401-408. Vol. 32-33-100-282-349-472-492-606-631- 649. Vol. 33-11-12-44-83-427-504-534-567-643-656. Sec. 2, Vol. 33-567. Sec. 3, Vol. 33-365-567. Vol. 34-105-113-116- 122-123-129-133-139-377-381-582-705. Vol. 35-90-230-409- 562. Vol. 36-18-251-273-540. Vol. 37-161-182-289-329-395- 564-584. Vol. 38-76-133-137-337. Vol. 17-82-137-144-151- 332-468-496. Vol. 18-216-249-306-321-356-449-542-562. Vol. 19-258-381-512-513-560. Vol. 20-24-E2-102-129-392-450-559. Vol. 21-67-121-460-492 574 Vol. 2-580-596. Sec. 1, Vol. 2-256-312-322. Sec. 2, Vol. 2-90-271-306-309-328- 547-634. Sec. 3, Vol. 2-249-368-277-282-284-289-292-393- 318. Sec. 5, Vol. 2-291-663. Sec. 7, Vol. 2-280-329. Vol. 3-64-608. Sec. 2, Vol. 3-182-260. Sec. 3, Vol. 3-513. Sec. 2, Vol. 4-191-370. Sec. 7, Vol. 5-234. Vol. 6-280-625-690. Vol. 6-380-515. Sec. 2, Vol. 7-51. Sec. 3, Vol. 7-9. Vol. 8-20-358. Sec. 2, Vol. 8-454-545. Vol. 9-87-285. Sec. 2, Vol. 9-350. Sec. 1, Vol. 10-681. Sec. 12, Vol. 10-302. Sec. 3, Vol. 10-268. Vol. 11-576. Sec. 1, Vol. 11-379. Vol. 13-53-339-510-699. Sec. 3, Vol. 13-126-289-460. Vol. 14-38-128-315-435-466. Vol. 15-79-251. Vol. 16-293. Sec. 2, Vol. 16-150-151-345. Sec. 3, Vol. 16-28. Vol. 17-331-359. 49 Date of Act. Page. June 14, June 15, June 18, June 18, June 19, Jan. 28, Jan. 28, 1878-114. 1878-133. 1878-152. 1878-165. 1878-172. 1S75K271. 1879-274. Jan. 28, 1S70-5H2. Mar. 3, 1878-352. Mar. 3, 1879-472. Mar. 3, 1879-471. Mar. 3, 1879-383. July 1, 1879- 46. July 1, 1879- 48. Jan. 4, 1880-299. Jan. 22, 1880- 61. Mar. 16, 1880- 68. Apr. 1, 1880- 69. May 14, 1880-140. Vol. 20-502. Sec. 2, Vol. 35- Vol. 4-327. Vol. 12-23. Vol. Vol. L. D. Page L. D. Page this book. Sec. 3, Vol. 17-585. Vol. 18-198. Vol. 20-337. Vol. 22- 36-167-209. Vol. 24-280-449. Vol. 25-502. Vol. 26-547- 670. Sec. 1, Vol. 31-226. Sec. 1, Vol. 33-373. Vol. 37- 162. Sec. 1, Vol. 38-514. Vol. 1-147-149. Sec. 3, Vol. 1-153-160-626. Vol. 25-441. Vol. 25-451. Vol. 25-410. Vol. 1-362. Vol. 1-534. Vol. 2-599. Sec. 4, Vol. 3-44. 483. Sec. 1, Vol. 36-13. Vol. 16-445. Vol. 1-308-534. Vol. 2-465. 22-289. Vol. 25-432. Vol. 1-26-29-38-51-62-92-93-101-109-485-525. Vol. 2-30-91- 110-177-205-580. Vol. 3-102-227-461-517-520. Vol. 5-125- 407. Vol. 6-111-381-575. Vol. 7-60. Vol. 8-29-159-316-389- 481. Vol. 8-383-428. Vol. 9-284-402. Vol. 11-412. Vol. 12-351-395-550. Vol. 14-71. Vol. 15-218. Vol. 16-178-187. Vol. 18-347. Vol. 20-54-55-430. Vol. 21-23. Vol. 22-549. Vol. 23-383. Vol. 26-664. Vol. 27-348. Vol. 29-187-647. Vol. 30-177. Vol. 31-201. Vol. 35-405. Vol. 36-516. Vol. 38-112-125-136. Vol. 39-347-317. Vol. 11-547. Vol. 13-80. Vol. 23-144 150 to 154 Vol. 30-417-419. STATUTE NO. 21. Vol. 2-91. Vol. 20-430. Vol. 21-23. Vol. 31-201. Vol. 14-208. Vol. 3-464. Vol. 4-223. Vol. 8-223. Vol. 32-202. Vol. 34-319. Vol. 35- 435. Vol. 37-739 387 Vol. 2-182-186. Vol. 9-331. Vol. 14-76. Sec 1, Vol. 1-122-156. Sec. 2, Vol. 1-51-74-79-84-93-103-160- 626. Sec. 3, Vol. 1-415-449. Sec. 1, Vol. 2-266-280-285-305- 318-323-619. Sec. 2, Vol. 2-40-52-57-60-119-166-277-285-291- 304-331-318-321-381-600-616-660. Sec. 3, Vol. 2-26-34-35- 104-113-118-147-172-175-575. Vol. 3-70. Sec. 1, Vol. 3- 578. Sec. 2, Vol. 3-6-186-278-302-410-560. Sec. 3, Vol. 3- 103-104-130-176. Sec. 1, Vol. 4-188-450. Sec. 2, Vol. 4-19- 370-518-553-581. Sec. 1, Vol. 5-712. Sec. 2, Vol. 5-134- 359-387-404-444-519. Sec. 3, Vol. 5-94-172-625. Sec. 1, Vol. 6-4-579. See. 2, Vol. 6-284-600. Sec. 4, Vol. 6-135- 357-306-516-653. Sec. 1, Vol. 7-227. Sec. 2, Vol. 7-9-186- 553. Sec. 3, Vol. 7-33-537. Sec. 1, Vol. 8-372-605. Sec. 2, Vol. 8-52-282-358. Sec. 3, Vol. 8-46-207-286-448-525. See 2, Vol. 9-193-211-287-329-441-402. Sec. 3, Vol. 9-452-456. Sec. 1, Vol. 10-674. Sec. 2, Vol. 10-141-257-398-413-562- 585. Sec. 3, Vol. 10-431. Sec. 1, VoL 11-363. Sec. 2, Vol. 11-201-278. Sec. 3, Vol. 11-20-527. Sec. 1, Vol. 12- 163. Sec. 2, Vol. 12-26-41-228-267-319-464-493. Sec. 3, Vol. 12-639. Sec. 1, Vol. 13-197-548-590-638. Sec. 2, Vol. 13-170-197-461-489-495-722. Sec. 3, Vol. 13-713. Sec. 2, Vol. 15-328-359-377-427. Sec. 3, Vol. 15-304-364-398. Sec 2, Vol. 16-8-34-184-340-482-516. Sec. 3, Vol. 16-200-287. Sec. 1, Vol. 17-396. Sec. 2, Vol. 17-117-137-149-151-259- 390-413-530-586. Sec. 3, Vol. 17-124-244-563. Sec. 2, Vol. 18-76-98-432-579. Sec. 3, Vol. 18-215-438. Sec. 2, Vol. 19- 362-382-517-547. Sec. 3, Vol. 19-81-372-553. Sec. 1, Vol. 20-152-365. Sec. 21, Vol. 20-3-154-180-198-325-343. Sec. 2, Vol. 21-189. Sec. 3, Vol. 21-453. Sec. 2, Vol. 22-189-250- 301-419-416-661. Sec. 3, Vol. 22-81-160. Sec. 2, Vol. 23- 183-264-524. Sec. 3, Vol. 23-188. Sec. I, Vol. 24-495. Sec. 2, Vol. 24-90-221-295. Sec. 3, Vol. 24-181-183-523. Sec. 2, Vol. 25-283-290-311. Sec. 3, Vol. 25-396-425-528. Sec. 1, 50 Date of Act. Page. May 14, 1880-146. May 14, 1880-141. May 27, 1880-105. May 27, 1880-142. May 28, 1880-143. June 4, 1880-543. June 8, 1880-166. June 9, 1880-169. June 9, 1880-171. June 10, 1880-172. June 15, 1880-237. June 15, 1880-199. June 15, 1880-205. June 16, 1880-287. Vol. L. D. Page L. D. Page this book. Vol. 26-339-439. Sec. 2, Vol. 26-2-34-211-385-659. Sec. 3, Vol. 26-2-207-39-642. Sec. 2, Vol. 27-589. Sec. 3, Vol. 27- 309-532-563. Sec. 2, Vol. 28-137. Sec. 3, Vol. 28-92-200- 420. Sec. 2, Vol. 29-96-168-682-708. Sec. 3, Vol. 29-300- 314. Sec. 2, Vol. 30-10-62-110. Sec. 3, Vol. 30-3-567. Sec. 2, Vol. 31-343-409. Sec. 3, Vol. 31-48-59-81-138. Sec. 2, Vol. 32-286-294-398. Sec. 3, Vol. 32-9-378-525. Sec. 2, Vol 33-11-24-381-467-656. Sec. 3, Vol. 33,388-672-674. Sec. 2, Vol. 34-375-399-529-616. Sec. 1, Vol. 35-30. Sec. 2, Vol. 35-21-64-69-186-571. Sec. 3, Vol. 35-94. Sec. 1, Vol. 36-441. Sec. 2, Vol. 36-81. Sec. 3, Vol. 36-163-345-427. Sec. 1, Vol. 37-322-383. Sec. 2, Vol. 37-163-185-452-514- 562. See. 3, Vol. 37-478-579. Sec. 2, Vol. 38-23. Sec. 3, Vol. 38-223-604. Sec. 1, Vol. 39-268. Sec. 2, Vol. 39-342- 434-489. Sec. 2, Vol. 39-280. Vol. 40-28-287-356-459. .544 Sec. 1, Vol. 14-83-145-305-383. Sec. 2, Vol. 14-13-299-315-381- 530. Sec. 3, Vol. 14-269-305. Vol. 40-229-395-459. Vol. 1-3-7-15. Sec. 2, Vol. 1-16. Sec. 3, Vol. 1-9-16. VoL 13-584. Sec. 1, Vol. 35-95. Vol. 1-520. Vol. 2-573. Vol. 4, 146. Vol. 5-404-547. Vol. 6-113-175-539-601. Vol. 7-31-278. . Vol. 8-111-173. Vol. 9- 100-353-589. Vol. 10-23-36-602. Vol. 11-62-259-268-319. Vol. 12-13. Vol. 13-58. Sec. 2, Vol. 13-524-530-567. Vol. 14-172-204-249. Vol. 18-399-441-570. Vol. 23-144. Vol. 24-58. Vol. 25-162. Vol. 33-11. Sec. 1, Vol. 35-415. Vol. 1-24. Vol. 2-29-111. Vol. 18-332. Vol. 2-101-103. Vol. 6-551. Vol. 11-354. Vol. 24-495. Vol. 28-5. Vol. 29-710. Vol. 32-525. Vol. 34-169. Vol. 35-514. Vol. 37-213-577. Vol. 38-420-515-574 352 Vol. 2-201-224. Vol. 3-97-126-154-298. Vol. 4-211. Vol. 5- 458. Vol. 6-138-311. Vol. 8-411-484-510. Vol. 11-362. Vol. 38-358. Vol. 8-380. Vol. 17-355. Vol. 19-77. Vol. 38-486. Vol. 6-659. Sec. 2, Vol. 1-26-35-51-53-55-57-69-72-73-74-75-96. Sec. 1, Vol. 2-829-831-833. Sec. 2, Vol. 2-46-52-53-75-76-78-82-93-98-99- 114-125-128-166-523. Sec. 2, Vol. 2-677. Sec. 2, Vol. 3-49- 190-374-466-490. Sec. 3, Vol. 3-339. See. 2, Vol. 4-33-465- 493-581. Sec. 2, Vol. 5-10-11-117-302-336-530-535-592. Sec. 1, Vol. 6-725-738. Sec. 2, Vol. 6-8-94-95-409-446-451-641- 766. Sec. 2, Vol. 7-94-145-147-28-301-325-330-342-381-500- 512-570. Sec. 2, Vol. 8-75-235-245-330-403-532-579-595-606. Sec. 3, Vol. 8-87. Sec. 2, Vol. 9-18-75-97-178-195-311-390- 604. Sec. 2, Vol. 10-111-129-392-410-588-678. Sec. 2, Vol. 11-261-416-462-555-570-587-598. Sec. 3, Vol. 11-99. Sec. 2, Vol. 12-310-320-393-469. Sec. 2, Vol. 13-118-183-257-487- 545-694. Sec. 2, Vol. 14-76-103-616. Sec. 2, Vol. 15-81- 136-213. Sec. 2, Vol. 16-183-557. Sec. 2, Vol. 17-366-512. Sec. 2, Vol. 18-346. Sec. 2, Vol. 19,-182. Sec. 2, Vol. 20- 528. Sec. 3, Vol. 20-216. Sec. 2, Vol. 21-26-38-483. Sec. 2, Vol. 23-81-264-469-484. Sec. 2, Vol. 24-36-58-229. Sec. 2, Vol. 25-189-327-453. Sec. 2, Vol. 26-239-317. Sec. 3, Vol. 27-147. Sec. 2, Vol. 28-204. Sec. 3, Vol. 28-248. Sec. 2, Vol. 29-687. Sec. 2, Vol. 31-143-218-435. Sec. 3, Vol. 31-201. See. 2, Vol. 32-281-348. Sec. 2, Vol. 35-393. Sec. 3, Vol. 35-601. Sec. 2, Vol. 36-488-515. Sec. 3, Vol. 37- 688-692. Vol. 38-231. Sec. 3, Vol. 38-326. Vol. 40-351. Vol. 3-297. Vol. 6-414. Vol. 7-191. Vol. 9-293. Vol. 11- 479. Vol. 14-267. Vol. 18-535. Vol. '19-383. Vol. 25-97- 411. Vol. 26-78. Sec. 3, Vol. 27-45. Vol. 28-382. Vol. 29-456. Vol. 32-119. Vol. 39-615. Vol. 29-456. Vol. 1-533. Sec. 2, Vol. 525-527-528-530-532. Vol. 2-661-663- 675-680-682-684-686-691-693-694. Col. 3-519. Vol. 4-293. Vol. 5-115-438-528. Vol. 6-348-666. Vol. 7-30-100-297-474-510. Vol. 8-163-322-463-492-530. Vol. 9-51-104-262-643-679. Vol. 51 Date or Act. Page. June 16, 1880-287. June 16, 1880-288. June 16, 1880-291. Dec. 15, 1880-311. Jan. 18, 1861-315. Feb. 18, 1881-326. Mar. 3, 1881-310. Mar. 3, 1881-380. Mar. 3, 1881-505. Mar. 3, 1881-511. Mar. 28, 1882- 35. Mar. 28, 1882- 36. Apr. 11, 1882- 42. Apr. 26, 1882- 49. July 3, July 15, July 28, Aug. 4, Aug. 7, Aug. 7, Aug. 7, 1882-148. 1882-168. 1882-178. 1882-217. 1882- 34. 1882-327. 1882-341. Aug. 7, 1882-348. Aug. 7, 1882-349. Mar. 1, 1883-433. Mar. 1, 1883-444. Mar. 3, 1883-484. Mar. Mar. 3, 1883-485. 3, 1883-487. Mar. 3, 1883-526. Mar. 3, 1883-563. July 4, 1884- 96. Mar. 3, 1883-487. Apr. 23, 1884- 12. Vol. L. D. Page L. D. Page this book 1012-554. Vol. 12-79-297-316-432-528-607. Vol. 13-359-396- 572. Vol. 14-101-237-544. Vol. 15-99-261. Vol. 17-140-340- 489. Vol. 19-244-580. Sec. 2, Vol. 20-160-217-552. Vol. 21-21-210-248-366. Vol. 22-323-615. Sec. 2, Vol. 23-63-138- 250-282-414-555. Sec. 2, Vol. 24-247-255-309-498-537-539- 542-575. Sec. 2, Vol. 25-89-112-161-210-308-310. Vol. 26- 630. Sec. 2, Vol. 26-4-283-284-328-419-425. Vol. 27-273- 296-449-452-601 535 Vol. 28-21-22-25-133-164-201-248-422-456-551. Vol. 29-145-188- 400-438-639-660-688. Sec. 2, Vol. 30-4-55-138-256-297-356- 363-430. Vol. 31-271-278-354. Sec. 2, Vol. 31-123-311. Sec. 2, Vol. 32-260-420-471-563-660. Sec. 2, Vol. 33-272-317- 438. Sec. 2, Vol. 34-532-618. Vol. 35-153-580. Sec. 2, Vol. 35-177-517-600. Vol. 36-388-429-264. Sec. 2, Vol. 36- 98-266. Vol. 37-235-339-352. Vol. 38-152-270-323. Sec. 2, Vol. 39-140-147-154-91-478. Vol. 40-107 490 Vol. 3-465. Vol. 27-326. Vol. 9-589. Vol. 4-146. Vol. 6-175-539. Vol. 9-589. Vol. 35-415. Vol. 2-192. Sec. 3, Vol. 3-580. Vol. 6-751. Vol. 8-315. Vol. 9-74. Vol. 10-437. Vol. 15-195. Vol. 16-3. Vol. 17-94-391. Vol. 18-37-528. Vol. 19-446. Vol. 23-468. Vol. 32-658. 590 Vol. 8-55. Vol. 9-233. Vol. 12-89. Vol. 14-143. Vol. 37-88. Vol. 4-393. Vol. 13-80. Vol. 21-56. Vol. 23-144. Vol. 28-424. Vol. 37- 714. Vol. 4-224. Vol. 7-412. Vol. 23-257. Vol. 37-717-739. Vol. 38-391 385 Vol. 2-145'. Vol. 3-462. ' Vol. 4-303. Vol. 6-369-569. Vol. 13-16. Vol. 24-524. STATUTE NO. 22. Vol. 18-124. Vol. 21-220. Vol. 28-359. Vol. 10, 563. Vol. 3-158. Vol. 16-229. Vol. 17-361. Vol. 19-27. Vol. 21- 472. Vol. 6-621. Vol. 11-162. Vol. 22-275. Vol. 33-555-680. Vol. 34-316. Vol. 37-740 387 Vol. 27-430. Vol. 2-206. Vol. 2-730. Vol. 3-357. Vol. 6-414. Vol. 9-293. Vol. 27-45. Vol. 6-600. Vol. 11-290. Vol. 20-159. Vol. 4-327. Vol. 12-24. Vol. 5-708. Vol. 7-190. Vol. 12-372. Vol. 27-399. Vol. 28- 183. Vol. 30-82. Vol. 38-562. Vol. 13-584. Vol. 35-99. Vol. 37-202. Vol. 35-5. Vol. 25-100. Vol. 34-703. Vol. 20-159. Vol. 34-703. Vol. 2-661-666-671. Vol. 3-175. Sec. 1, Vol. 3-125. Vol. 5- 578. Vol. 9-61. Vol. 14-646. Vol. 16-550. Vol. 26-658. Vol. 32-555. Vol. 33-679. Vol. 35-139. Vol. 36-116-194. Sec 2, Vol. 38-575. Sec. 2, Vol. 4-3-13-444. Vol. 2-35-36. Vol. 3-169-176. Vol. 7-461-512-560-570. Vol. 8-74-297-448-532. Vol. 9-172-203-635-643. Vol. 10-141. Vol. 11-142-548-557. Vol. 12-550-635. Vol. 15-563. Vol. 16- 544. Vol. 19-389. Vol. 23-251. Vol. 25-240. Vol. 28-90. Vol. 29-539. Vol. 31-136. Vol. 36-109. Vol. 37-740. . .388 Vol 2-677. Vol. 3-339. Vol. 20-217. Vol. 3-333. ' Vol. 3-91. Vol. 14-268-292. Vol. 6-502. 52 STATUTE NO. 23. Date of Act. Page. Vol. L. D. Page L. D. Page this book. Apr. 2, 1884- 10. Vol. 5-698. Vol. 6-419. Vol. 13-729. May 1, 1884- 15. Vol. 31-262. May 1, 1884- 17. Vol. 31-262. May 17, 1884- 24. Vol. 4-128. Vol. 12-120-427. Vol. 15-586. Vol. 22-334. Vol. 23-419. Sec. 8, Vol. 23-8-196. Sec. 8, Vol. 25-212-291-483. Sec. 8, Vol. 26-104-236-308. Vol. 28-427. Vol. 29-359-395- 685. Vol. 30-418. Vol. 31-88. Sec. 8, Vol. 32-446. Sec. 8, Vol. 35-298. Sec. 8, Vol. 36-261. Vol. 37-250-335-338- 740. Sec. 8, Vol. 39-597. Vol. 40-426-537 388 May 13, 1884- 22. Vol. 5-338. May 17, 1884- 24. Sees. 8 and 12, Vol. 19-324-583. June 28, 1884- 61. Vol. 5-271. Vol. 6-443-445. July 4, 1884- 89. Vol. 5-102-541. Vol. 8-409. Vol. 10-4. Vol. 12-52. Vol. 13- 231. Vol. 18-111. Vol. 22-502-578. Vol. 24-490. Vol. 26-19 July 4, 1884- 79. Vol. 16-17. Vol. 32-569. Vol. 34-127. Vol. 37-284-388. Vol 40-213. July 4, 1884- 73. Vol. 17-297. Vol. 28-417. Vol. 34-624. July 4, 1884- 76. Vol. 25-478. Vol. 32-569. Vol. 32-293-658. Vol. 34-127. Vol. 35-81. Vol. 37-284-388-220. Vol. 40-213. July 4, 1884- 80. Vol. 36-131. July 4, 1884- 96. Vol. 3-91. Vol. 8-57. Vol. 11-305. Vol. 18-305. Vol. 20- 300-508. Vol. 24-216. Vol. 25-178. Vol. 29-277. Vol. 30- 376 Vol. 31-418. Vol. 32-293-658. Vol. 35-81. Vol. 37- 220. July 4, 1884- 98. Vol. 3-113-120. July 4, 1884-101. Vol. 4-528. Sec. 5, Vol. 5-337. Vol. 22-435 525 July 4, 1884-103. Vol. 3-297-557-577. Vol. 5-555-634. Vol. 6-19. Vol. 7-191- 369-403. Vol. 8-318. Vol. 9-68-104. Vol. 10-489-602. Vol. 12-193-288. Vol. 13-533. Vol. 14-77-233-298-527-622. Vol. 15-487. Vol. 16-439. Vol. 17-356. Vol. 18-265-535-605. Vol. 19-48-76-205-393-477. Vol. 20-416. Vol. 21-432. Vol. 22- 3-597. Vol. 23-14-237-569. Sec. 5, Vol. 23-516. Vol. 24- 271-326. Vol. 25-261. Vol. 26-89-237-330. Vol. 27-82-693. Vol. 28-2. Vol. 29-418-501. Vol. 30-90-140-215-288-302- 311-395. Vol. 31-115-193. Vol. 33-131-312-413-488. Vol. 34-296. Vol. 35-279-296-417. Vol. 36-77-343-549. Vol. 37-667. Vol. 38-47-332. Vol. 39-124-138-369. Vol. 40-315. July 7, 1884-186. Vol. 5 505. July 7, 1884-236. Vol. 35-600. Jan. 31, 1885-296. Vol. 4-15. Vol. 5-271-550. Vol. 6-686. Sec. 2, Vol. 6-677. Vol. 8-531. Vol. 12-378. Vol. 16-493. Vol. 18-164. Vol. 20-175. Vol. 37-273. Feb 25, 1885-321. Vol. 4-392. Vol. 12-383-490. Vol. 13-703. Vol. 28-252. Vol. 29-364. Vol. 31-295. Vol. 36-142. Feb. 28, 1885-337. Vol. 4-217. Vol. 6-157. Vol. 8-530. Vol. 9-261. Vol. 12- 298. Vol. 14-8. Mar. 3, 1885-499. Vol. 4-271. Vol. 31-211. Mar. 3, 1885-478. Vol. 13-295. Vol. 31-211. Mar. 3, 1885-446. Vol. 14-79. Mar. 3, 1885-341. Sec. 2, Vol. 15-340. Vol. 20-159-295. Mar. 3, 1885-340. Vol. 19-577. Vol. 22-315. Vol. 24-326. Vol. 27-312. Vol. 31-392. Vol. 33-120-354-472-516. Vol. 34-627. Vol. 38-39- 143 Mar. 3, 1885-371. Vol. 21-56. Vol. 23-145. Vol. 28-425. Apr. 17, 1885-844. Vol. 24-529. July 6, 1886-123. Vol. 25-227-357. STATUTE No. 24. May 2, 1886- 22. Vol. 12-550. Vol. 16-188. Vol. 20-56. May 15, 1886- 23. Vol. 6-558. Vol. 17-81-305. Vol. 32-47. June 1, 1886- 73. Vol. 32-306. July 3, 1886-170. Vol. 28-411. July 6, 1886-123. Vol. 5-296. Vol. 6-G80-813. Vol. 9-429. Vol. 11-535. Vol. 17-391. Vol. 27-241. Vol. 28-23-479. Vol. 29-136-299-640 53 Date of Act. Page. Vol. L. D. Page L,. D. Page this boo* 678. Vol. 30-111-389. Vol. 31-278-327-434. Vol. 32-51-77 Vol. 33-516. Vol. 37-100-237. July 12, 1886-144. Vol. 31-348. Aug. 2, 1886-214. Vol. 5-708. Vol. 21-56. Vol. 23-145. Vol. 28-425. Aug. 4, 1886-222. Vol. 32-556. Aug. 4, 1886-239. Vol. 5-579. Vol. 8-296. Vol. 9-61. Vol. 12-372-479. Vol. 14-646. Vol. 15-433. Vol. 26-658. Vol. 29-415. Vol. 32- 556. Vol. 36-194. Aug. 4, 1886-439. Vol. 16-34. Feb. 8, 1887-388. Vol. 5-520. Sec. 4, Vol. 8-647. Vol. 9-392. Vol. 11-103. Vol. 12-169-181-185-205-358. Sec. 4, Vol. 12-16. Vol. 13- 308-312-318. Sec, 4, Vol. 13-185-310. Vol. 14-235-464. Sec. 3, Vol. 15-75. Sec. 5, Vol. 15-78-287. Sec. 6, Vol. 15-287. Vol. 17-142-388. Vol. 18-497. Sec. 5, Vol. 18-211. Vol. 19-168-321-328-329. Sec. 9, Vol. 19-457. Vol. 20- 158-167-462. Sec. 3, Vol. 20-167. Sec. 4, Vol. 20-19-46. Vol. 21-271. Vol. 22-709. Sec. 4, Vol. 22-36. Sec. 8, Vol. 22-216. Vol. 24-214-311-424-511. Sec. 4, Vol. 24-264. Vol. 25-101-364-427. Sec. 4, Vol. 25-442. Vol. 26-45-73. Sec. 4, Vol. 26-207-275. Vol. 27-416-456. Sec. 6, Vol. 27-504. Vol. 28-721. Sec. 4, Vol. 28-564. Vol. 29-123-239-252-332- 409-630. Sec. 4, Vol. 129-132-500. Sec. 5, Vol. 30-114-258- 376-534-546-606. Sec. 4, Vol. 31-417. Sec. 5, Vol. 31-324. Sec. 4, Vol. 32-17-658. Sec. 5, Vol. 32-293. Vol. 33-207- 298-310. Sec. 4, Vol. 33-206-454. Sec. 4, Vol. 34-381. Sec. 6, Vol. 34-256-703. Sec. 4, Vol. 35-549. Sec. 6, Vol. 35-81. Sec. 5, Vol. 36-114-135-210-243. Sec. 6, Vol. 36- 211. Sec. 4, Vol. 37.-220. Vol. 38-554-558. Sec. 4, Vol. 38-554. Sec. 5, Vol. 38-559. Sec. 6, Vol. 38-423-560. Vol. 40-30-148-180-413. Feb. 8, 1887-391. Sec. 3, Vol. 5-594. Vol. 8-25-377. Sec. 2 and 4, Vol. 10-637. Sec. 2 and 4, Vol. 13-157. Vol. 14-323-330-365. Vol. 15- 346. Vol. 21-246. Sec. 2, Vol. 25-61. Sec. 2, Vol. 26- 418. Sec. 2, Vol. 29-244. Sec. 2, Vol. 33-324. Feb. 8, 1887-392. Sec. 2, Vol. 27-274. Feb. 15, 1887-402. Vol. 14-36. Vol. 18-510. Mar. 2, 1887-446. Vol. 17-227. Vol. 38-415. Mar. 3,1887-550. Vol. 5-627. Vol. 24-64 592 Mar. 3, 1887-576. Vol. 19-145-337. Vol. 28-178. Mar. 3, 1887-526. Vol. 9-61. Vol. 12-372. Vol. 29-415. Mar. 3, 1887-556. Vol. 6-71-272-276-390-481-544-595-750. Vol. 8-27-165-324- 348-382-570-588. Sec. 3, Vol. 8-318-382. Vol. 9-221-598. Sec. 2, Vol. 9-637-649. Sec. 4, Vol. 9-199. Vol. 10-29-50-54- 166-568-576-609-610. Sec. 3, Vol. 10-264-307. Vol. 11- 588-603. Sec. 2, Vol. 11-358. Sec. 5, Vol. 11-229-536-590- 620-607. Vol. 12-210-28-347-543. Sec. 3, Vol. 12-272. Sec. 5, Vol. 12-261-274. Vol. 13-353-559. Vol. 14-35-192- 498. Sec. 2, Vol. 14-10-129-365. Sec. 4, Vol. 14-18. Sec. 5, Vol. 14-237-498-554. Sec. 3, Vol. 15-121-91. Sec. 5, Vol. 15-174. Vol. 16-228-303-460. Sec. 5, Vol. 16-66-273. Sec. 7, Vol. 16-424. Vol. 17-365-420-429-442-437-589. Sec. 3, Vol. 17-265-352. Sec. 5, Vol. 17-93-307-314. Vol. 18-64- 87-101-270-290-429-483. Sec. 3, Vol. 18-104. Sec. 5, Vol. 18-176-502-528. Vol. 19-46. Sec. 4, Vol. 19-148. Sec. 5, Vol. 19-9-136-141-272-492-503-524. Sec. 2, Vol. 20-291-281- 497-514. Sec. 3, Vol. 20-128. Sec. 4, Vol. 20-505. Sec. 5, Vol. 20-64-142-227-278. Vol. 21-390. Sec. 2, Vol. 21-46- 52-162-265-436. Sec. 5, Vol. 21-26-138-293-374-507-5.j7. Vol. 22-62-170. Sec. 3, Vol. 23-429. Sec. 5, Vol. 22-32-34- 94-216-238-459-515-549-558-587-669-682. Vol. 23-579. Sec. 2, Vol. 23-407. Sec. 3, Vol. 23-327. Sec. 4, Vol. 23-108- 288-310. Sec. 5, Vol. 23-180-216-301-337-508-543. Sec. 5, Vol. 24-42-164-172-256-409-482. Vol. 24-541. Vol. 25-390. Sec. 4, Vol. 25-117-469. Sec. 5, Vol. 25-77-151-194-499. Vol. 26-30-227-489. Sec, 3, Vol. 26-228-371. Sec. 4, Vol. 26-271- 350-407. Sec. 5, Vol. 26-228-252-503. Vol. 27-428. Sec. 3, Vol. 27-552. Sec. 4, Vol. 27-707-717. Vol. 28-128. Sec. 54 Date of Act. Page. Feb. 18, 1886- 35. Apr. 2, 1888- 76. Mar. 3, 1888- 94. May 1, 1888-113. May 1, 1888-133. May 4, 1888-622. May 15, 1888-150. May 22, June 4, June 16, June 29, Aug. 6, Aug. 8, Aug. 9, Aug. 9, 1888-158. 1888-166. 1888-626. 1888-231. 1888-359. 1888-1145, 1888-393. 1888-392. Aug. 13, 1888-439. Sep. 1, 1888-452. Sep. 10, 1888-473. Oct. 2, 1888-525. Oct. 2, 1888-526. Vol. 17-94-315. Vol. 20-279. Sec. 11, Vol. 29-5. Oct. Oct. 2, 1888-527. 2, 1888-505. Oct. 2, 1888-506. Oct. 19, 1888-611. Oct. 19, 1888-612. Jan. 14, 1889-642. Feb. 13, 1889-668. Feb. 22, 1889-676. Feb. 22, 1889-676. Vol. L. D. Page L. D. Page this book. 4 and 5, Vol. 29-35-38-294-321-336-435-479-455-666-188-633- 677. Sec. 3-4-5, Vol. 30-198-283-19-184-252-321-387-619. Vol. 31-426. Sec. 5, Vol. 31-326-434. Sec. 5, Vol. 32-77- 113-116-209-259-410. Sec. 4, Vol. 33-198-490-606. Sec. 5, Vol. 33-346-600. Sec. 5, Vol. 34-576-631. Sec. 4, Vol. 35-504. Sec. 5, Vol. 37-100-237. Vol. 38-246. Sec. 5, Vol. 39-259. Vol. 40-49 592 STATUTE No. 25. Vol. 31-192. This book, page 595. Vol. 10-330. Art. 6, Vol. 27-455. Vol. 33-181. See. 3, Vol. 36-7-77. Vol. 20-416. Vol. 33-181. Sec. 3, Vol. 36-7-77. Sec. 3, Vol. 37-389-409-440-667. Sec. 3, Vol. 39-561. Vol. 9-604. Vol. 10-351. Vol. 23-582. Vol. 25-328. Vol. 28-207. Vol. 35-611. Vol. 14-623. Vol. 15-94. Vol. 9-326. Vol. 12-112-372. Vol. 13-529. Vol. 17-491. Vol. 18-400. Sec. 3, Vol. 28-183. Vol. 30-24. Vol. 10-351. Vol. 7-335. Vol. 13-51. Vol. 16-202. Vol. 18-132. Vol. 8, 495. Vol. 20-159. Vol. 29-628. Vol. 30-606. Vol. 31-417. Vol. 33-221. Vol. 10-437. Vol. 15-432. Vol. 29-259. Vol. 8-365-613. Vol. 9-282. Vol. 12-439. Vol. 14-123-553. Vol. 15-418. Vol. 17-341-521. Vol. 18-4-350-352. Vol. 21-203. Vol. 22-370. Vol. 23-276-483. Vol. 25-281. Vol. 26-648. Vol. 28-172-194. Vol. 34-223. Vol. 36-484-575. Vol. 39-28. . .99 Vol. 13-45-92. Vol. 27-272. Vol. 30-334. Vol. 31-246. Sec. 21, Vol. 31-250. Vol. 34-223. Vol. 36-484-575. Vol. 39-28 99 Vol. 30-304. Vol. 12-184. Sec. 2, Vol. 15-76. Vol. 24-284. Vol. 25-443. Vol. 33-487. Vol. 10-3. Vol. 12-62. Vol. 13-230. Vol. 14-497. Vol. 16- 427. Sec. 6, Vol. 17-512. Vol. 22-3-2-388-499-500-578. Vol. 24-490. Sec. 5, Vol. 24-517. Vol. 25-257-258-455. Vol. 26-84-116-275-665. Sec. 6, Vol. 26-19-619-647. Vol. 27-418-526. Sec. 6, /)!. 28-243-374. Vol. 29-119-132-285- 408-62. Sec. 3, Vol. 29-408. Vol. 31-251. Sec. 6, Vol. 31-73-106. Vol. 32-4-325-641. Vol. 34-94-620-709. Vol. 35-67-482-532. Vol. 36-324-365. Sec. 3, Vol. 36-234. Vol. 37-400. Sec. 6, Vol. 37-61. Vol. 38-590-596. Vol. 39-219- 511. Vol. 10-348. Vol. 27-415. Vol. 10-365. Sec. 10-11, Vol. 12-400. Sec. 10-17, Vol. 12- 165. Sec. 14, Vol. 12-89. Vol. 13-378-709-711. Vol. 14- 143-158-282-634. Vol. 15-387. Sec. 24, Vol. 15-78. Vol. 16-264-438-459-462-528. Sec. 12, Vol. 17-575. Sec. 17, Vol. 18-477. Sec. 4, Vol. 19-26. Sec. 10, Vol. 20-35-530. Sec. 10, Vol. 21-328. Sec. 11, Vol. 21-222. Sec. 13, Vol. 22. 550. Sec. 10 and 18, Vol. 23-315-397-426. Sec. 10-11, Vol. 24-12-106-548-553. Sec. 16 and 18, Vol. 24-486. Sec. 18 and 19, Vol. 24-549. Sec. 10 and 18, Vol. 25-233. Vol. 27-474. Sec. 10, Vol. 27-289. Sec. 11, Vol. 29-695. Vol. 30-278. Vol. 31-386. Sec. 10, Vol. 32-657. Sec. 3, Vol. 33-182. Sec. 10, Vol. 33-181-454. Sec. 11, Vol. 33-182-341. Vol. 34-486. Sec. 10 and 11, Vol. 34-658-718. Sec. 17, 55 Date of Act. Page. Vol. L. D. Page L. D. Page this book Vol. 34-189. Vol. 35-158-172. Sec. 1, Vol. 36-355. Sec. 10, Vol. 36-93. Sec. 12, Vol. 36-76. Sec. 10, Vol. 37-409- 470. Sec. 17, Vol. 37-387. Sec. 10 and 11, Vol. 38-248. Feb. 22, 1889-680. Sec. 13, Vol. 26-223. Mar. 1, 1889-1307. Vol. 12-389. Vol. 26-465. Vol. 38-485. Mar. 1, 1889-757. Vol. 15-357. Vol. 17-365-415. Sec. 2, Vol. 18-551-592. Sec. 2, Vol. 21-149-178-268. Sec. 2, Vol. 22-147. Sec. 2, Vo . 23-386. Sec. 2, Vol. 36-173. Mar. 1, 1889-759. Vol. 13-70. Sec. 2, Vol. 18-551-592. Sec. 2, Vol. 21-149-178- 268. Mar. 2, 1889-854. Vol. 8-457. Sec. 2, Vol. 8-422. Sec. 4, Vol. 8-530-582. Sec. 5, Vol. 8-428-474. Sec. 6, Vol. 8-500. Sec. 7, Vol. 8-581. Vol. 9-371-382-388. Sec. 1, Vol. 9-11. Sec. 2, Vol. 9-145- 312-543-556. Sec. 3, Vol. 9-433. Sec. 4, Vol. 9-430. Sec. 6, Vol. 9-543. Sec. 7, Vol. 9-123-283. Vol. 10-179-192-315. Sec. 2, Vol. 10-634. Sec. 5, Vol. 10-78-681. Sec. 6, Vol. 10-661. Sec. 7, Vol.- 10-321-301-596. Sec. 1, Vol. 11-378- 382. Sec. 2, Vol. 11-22-384. Sec. 3, Vol. 11-632. Sec. 4, Vol. 11-99. Sec. 6, Vol. 11-364. Sec. 1, Vol. 12-201. Sec. 2, Vol. 12-268-361. Sec. 4, Vol. 12-316. Sec. 5 and 6, Vol. 12-558. Sec. 1, Vol. 13-550. Sec. 2, Vol. 13-217-207-576- 436-257. Sec. 4, Vol. 13-325. Sec. 5, Vol. 13-595-614-610. Sec. 6, Vol. 13-251-333. Sec. 3, Vol. 14-27-252-305-604-616. Sec. 3, Vol. 14-95-208. Sec. 4, Vol. 14-8. Sec. 5 and 6, Vol. 14-277. Sec. 2, Vol. 15-139-154-241-292-525. Sec. 5, Vol. 15-218-221-365-408-548. Sec. 6, Vol. 15-119-285-365- 548. Sec. 1, Vol. 16-326-335-383. Sec. 2, Vol. 16-331-350- 386-517. Sec. 3, Vol. 16-348-390. Sec. 5, Vol. 16-530. Sec. 2, Vol. 17-152. Sec. 4, Vol. 17-286. Sec. 5, Vol. 17-242. Sec. 6, Vol. 17-243. Sec. 2, Vol. 18-520. Sec. 3, Vol. 18- 321. Sec. 4, Vol. 18-346. Sec. 1, Vol. 19-9-381-478. Sec. 2, Vol. 19-184-207-284-526. Sec. 3, Vol. 19-407. Sec. 4, Vol. 19-459. Sec. 5 and 6, Vol. 19-43-371. See. 1, Vol. 20-119-306. Sec. 3, Vol. 20-21-32-340-433. Sec. 5, Vol. 20- 55-448. Sec. 6, Vol. 20-54-246-360-428. Sec. 1, Vol. 21-48- 518. See. 2, Vol. 21-283-333. Sec. 3, Vol. 21-206. Sec. 5, Vol. 21-22. Sec. 1, Vol. 22-15-558-657. Sec. 2, Vol. 22-99- 490. Sec. 3, Vol. 22-140-180-706-716. Sec. 6, Vol. 22-95- 257. Sec. 2, Vol. 23-65. Sec. 3, Vol. 23-404. Sec. 2, Vol. 24-279-561. Sec. 3, Vol. 24-79. Sec. 6, Vol. 24-23-409. Sec. 2, Vol. 25-82-115-311-475. Sec. 6, Vol. 25-113-327. Sec. 1, Vol. 26-318-700. Sec. 2, Vol. 26-267-434-449-504- 647-664. Sec. 3, Vol. 26-268. Sec. 5, Vol. 26-391. Sec. 6, Vol. 26-383-604. Sec. 2, Vol. 27-290-538. Sec. 3, Vol. 27- 317. Sec. 6, Vol. 27-129-364-586. Sec. 2, Vol. 28-208. Sec. 6, Vol. 28-13-530-555. Sec. 2, Vol. 29-307-717. Sec. 4, Vol. 29-640. Sec. 5, Vol. 29-185-217-308. See. 6, Vol. 29-217- 308-647. Sec. 7, Vol. 29-324. Sec. 1, Vol. 30-617. Sec. 3, Vol. 30-21. Sec. 7 and 14, Vol. 31-14-255. Sec. 7, Vol. 31- 133-201-223-400. Sec. 2, Vol. 31-25-431. Sec. 5, Vol. 31- 129-226. Sec. 1, Vol. 32-225. Sec. 5, Vol. 32-639. Sec. 6, Vol. 32-135-505-630. Sec. 1, Vol. 33-625. Sec. 2, Vol. 33- 329-363. Sec. 3, Vol. 33-259. Sec. 5, Vol. 33-348. Sec. 6, Vol. 33-10-348-449. See. 1, Vol. 34-22-243. Sec. 5, Vol. 34- 538. Sec. 6, Vol. 34-9-295-539-639-647. Sec. 7, Vol. 34- 601. Sec. 1, Vol. 35-45-401-583-610. Sec. 3, Vol. 35-76- 254-270-355-374. Sec. 4, Vol. 35-178. Sec. 5, Vol. 35-257- 325. Sec. 6, Vol. 35-425. Sec. 1, Vol. 36-206-219-545. Sec. 2, Vol. 36-231. Sec. 3, Vol. 36-75-153-174-195. Sec. 5, Vol. 36-46-222. Sec. 6, Vol. 36-47-97-403. Sec. 1, Vol. 37- 24-29-67-231-533-530. Sec. 7, Vol. 37 -. 346 Mar. 2, 1889-854. Sec. 2, Vol. 37-5-62. Sec. 5, Vol. 37-332. Sec. 6, Vol. 37- 121-332. Sec. 6, Vol. 38-274-514-592. Sec. 1, Vol. 39-13. Sec. 3, Vol. 39-74-361. Sec. 5, Vol. 39-347. Vol. 40-75- 234-379. Mar. 2, 1889-1004. Vol. 8-336-425. Vol. 10-660. Vol. 11-106. Sec. 13, Vol. 11- 56 Date of Act. Page. Vol. L. D. Page L. D. Page this book. 330. Vol. 12-617-653. Vol. 13-186-640. Sec. 13, Vol. 13- 10-66-410. Sec. 13, Vol. 15-211-222-268-397-356-374-388-581- 514. Sec. 13, Vol. 16-74-309-375. Sec. 13, Vol. 17-118-154- 175-242-403-415-526-543. Vol. 20-49-481. Vol. 21-40-86-101- 147-148-151-153-160-176-367-274-284-370-499-535-552. Vol. 35-347. Sec. 12, Vol. 36-335. Sec. 13, Vol. 36-173. Mar. 2, 1889-1005. Sec. 13, Vol. 9-333. Sec. 12, 13 and 14, Vol. 18-407-495-552- 560-592-598. Sec. 13, Vol. 26-448. Sec. 13, Vol. 27-300- 557-588. Sec. 13, Vol. 31-49. Sec. 13, Vol. 33-126. Mar. 2, 1889-1008. Vol. 9-228-542. Vol. 10-29. Vol. 11-460. Vol. 12-214. Vol. 13-434-463. Sec. 3, Vol. 13-673. Vol. 14-226-593. Vol. 15- 485. Sec. 5, Vol. 16-368-280. Vol. 17-495. Sec. 3, Vol. 18- 392-404. Sec. 3, Vol. 19-110-150-170-370. Sec. 4, Vol. 19- 281. Vol. 22-215-360. Vol. 23-312. Vol. 26-288. Vol. 27- 570. Sec. 3, Vol. 30-161. Sec. 3, Vol. 32-126-393. Mar. 2, 1889-850. Vol. 10-456. Vol. 12-333. Vol. 13-51. Vol. 17-433. Vol. 18- 62. Vol. 22-170. Vol. 26-361. Mar. 2, 1889-888. Vol. 10-562. Sec. 21, Vol. 10-328. Vol. 11-231. Vol. 12-164. Sec. 7, Vol. 12-292. Vol. 13-683. Sec. 11 and 15, Vol. 13-307. Sec. 23, Vol. 13-657. Sec. 8 and 13, Vol. 14-464. Sec. 14 and 23, Vol. 14-176-352. Vol. 17-142-457. Sec. 18, Vol. 18-188-209-421. Sec. 16, Vol. 19-429. Sec. 13, Vol. 20-562. Sec. 16, Vol. 20-121. Sec. 16, Vol. 21-325. Sec. 24, Vol. 21-220. Sec. 21, Vol. 22-551. Sec. 8, Vol. 24-330. Sec. 16-23, Vol. 24-528. Vol. 25-308-310. Sec. 16 to 22, Vol. 26-347-223-294-324. Sec. 21, Vol. 27-72-395. Sec. 21, Vol. 28-155-358-404. Sec. 21, Vol. 29-541. Sec. 18, Vol. 29-331. Sec. 18, Vol. 30-354-534. Vol. 32-505-577. Vol. 33-381. Sec. 21, Vol. 33-382. Sec. 13, Vol. 34-253. Sec. 21, Vol. 38-314. Sec. 8, Vol. 40-10-30. Mar. 2, 1889-939. Vol. 10-578. Mar. 2, 1889-998. Vol. 12-475. Mar. 2, 1889-1013. Vol. 12-168. Vol. 15-289. Vol. 19-330. Vol. 29-239. Mar. 2, 1889-980. Sees. 12, 13 and 14, Vol. 18-408-495-552-560-692-598-520. Sees. 12, 13 and 14, Vol. 19-31-290-292-337-520-541. Vol. 20-49-481. Vol. 21-40-86-101-147-148-151-153-160-176-267- 274-284-370-499-535-552. Sec. 13, Vol. 23-385-527. Sec. 14, Vol. 24-301. Sees. 13 and 14, Vol. 25-504. See. 13, Vol. 26-448. Sec. 13, Vol. 27-300-557-588. Sec. 13, Vol. 28-304-449. Sec. 13, Vol. 29-108-246-372-528. Sec. 16, Vol. 30-269-1005. Sec. 13, Vol. 31-49. Sec. 13, Vol. 33-126. Sec. 12, Vol. 36-335. Sec. 13, Vol. 36-173. Mar. 2, 1889-871. Vol. 22-38. Vol. 30-292-375. Mar. 2, 1889-905. Vol. 22-551. Mar. 2, 1889-989. Sec. 13, Vol. 22-147-484. Mar. 2, 1889-102. Sec. 4, Vol. 20-333. Mar. 2, 1889-877. Vol. 17-440. Vol. 18-563. Vol. 19-2. Vol. 26-6. Vol. 28-332. STATUTE No. 26. Apr. 1, 1889-544. Vol. 31-50. Vol. 33-381. Nov. 2, 1889-549. Vol. 34-719. Nov. 8, 1889-551. Vol. 33-182. Apr 22, 1890- 60. Vol. 17-490. Vol. 18-401. May 2, 1890- 81. Sec. 22, Vol. 10-605-668-673. Sec. 22, Vol. 11-68-79. Vol. 13-641-700. Sec. 21-22, Vol. 13-11-99. Vol. 14-226. Sec. 21, Vol. 14-13-452. Sec. 22, Vol. 14-13-146-419-452-505. Sec. 18, Vol. 1-15-357-364. Sec. 22, Vol. l'5-336. Sec. 27, Vol. 15-364. Vol. 16-74. Sec. 21, Vol. 16-100. Sec. 18, Vol. 17-118-244. Sec. 20, Vol. 17-242. Sec. 21, Vol. 17-46. Sec. 22, Vol. 17-248-335. Vol. 17-227. Vol. 18-406. Sec. 20, Vol. 18-50. Sec. 22, Vol. 18-475. Sec. 4 and 20, Vol. 19-541. Sec. 2, Vol. 19-40-43-335-348-364. Sec. 20, Vol. 20-1. Sec. 22, Vol. 20-813-473-507-524. Sec. 20, Vol. 21- 268-503. Sec. 22, Vol. 21-133-426. Sec. 21, Vol. 22-533. Sec. 22, Vol. 22-190-367. Sec. 20, Vol. 23-251-547. Sec. 20, Vol. 24-242. Sec. 21, Vol. 24-186-305. Sec. 22, Vol. 24-186. Sec. 23, Vol. 24-160. Sec. 22, Vol. 25-313. Vol. 57 >ate of Act. Page. May 8. 1890-104. May 14; 1890-109. May 24, 1890-121. May 26, 1890-221. June 2, 1890-126. June 20, 1890-169. June 27, 1890-182. July 3, 1890-215. July 10, 1890-222. July 10, 1890-227. Aug. 19, 1890-329. Aug. 19, 1890-336. Aug. 29, 1890-369. Aug. 30, 1890-389. Aug. 30, 1890-371. Aug. 30, 1890-391. Aug 30, 1890-390. Sep. 25, 1890-478 Sep. 29, 1890-496. Vol. L. D. Page L. D. Page this book. 26-536. Sec. 20, Vol. 26-61-369. Sec. 22, Vol. 26-393. Vol. 27-415-243-438-546-648-702-705-582. Sec. 20, Vol. 28- 199. Sec. 22, Vol. 28-469. Vol. 29-147. Sec. 22, Vol. 29- 528. Sec. 18, Vol. 30-245-269. Sec. 20, Vol. 30-371. Sec. 22, Vol. 30-352. Sec. 20, Vol. 31-87-168-247. Sec. 21, Vol. 31-50. Sec. 22, Vol. 31-145. Vol. 32-166. Sec. 18, Vol. 32-574. Sec. 22, Vol. 32-168-503. Sec. 22, Vol. 34-356. Vol. 36-348. Sec. 20, Vol. 35-169-352. Sec. 18, Vol. 36- 172-335. Sec. 20, Vol. 36-172-398. Sec. 21, Vol. 36-231. Sec. 22, Vol. 36-88-151. Sec. 25, Vol. 36-172-335. Vol. 37-178. Sec. 18, Vol. 37-108. Vol. 22-674. Vol. 26-224. Vol. 10-604-666. Vol. 13-9-404-690. Vol. 14-295. Vol. 15- 212-270-327. Vol. 16-74. Vol. 17-335. Vol. 18-123-547. Sec. 4, Vol. 18-391. Vol. 19-290-231-334-365. Sec. 1, Vol. 19-44. Sec. 2, Vol. 19-15. Vol. 20-203-268-543. Vol. 21- 52-522. Vol. 22-116-507. Sec. 4, Vol. 23-196. Vol. 24- 356-470-580-583. Vol. 25-313. Vol. 26-398-638. Sec. 1, Vol. 27-615. Vol. 29-175-502-528. Sec. 4, Vol. 34-531. Vol. 37-269. Vol. 10-687. Vol. 11-361. Vol. 15-156-249. Vol. 18-92-365-485. Vol. 20-112-309-472-482. 295. Vol. 22-488-515-526. Vol. 24-307-443. Vol. 27-156-577. Vol. 29-356. Vol. 31-48-286. Vol. 28-73. Vol. 28-376. Vol. 15-302. Vol. 16-306. Vol. 17-365. 550-581. Vol. 19-191. Vol. 22-324. 24-465. Vol. 26-35-117. Vol. 29-153. 36-171. Vol. 32-358. Vol. 16-459-496. Sec. 11, Vol. 23-147. Sec. 11, Vol. 24-272. Vol. 29-590. Vol. 30-1-80. Vol. 35-53. Sec. 4, Vol. 37- 135-456-457. Sec. 5, Vol. 37-138. Sec. 8, Vol. 37-26-68. Sec. 10, Vol. 37-68. Sec. 11, Vol. 37-71. See. 4 and 5, Vol. 38-226. Sec. 8, Vol. 39-584. Vol. 18-473. Sec. 4, Vol. 18-345. Sec. 2, Vol. 27-35. Vol. 15-93. Vol. 22-97-287. Vol. 20-432. Vol. 28-185. Vol. 17-244. Vol. 21-159- Vol. 25-423. Vol. 38-358. Vol. 18-133-381-409- Vol. 23-485. Vol. Vol. 31-247. Vol. Vol. 14-623. Vol. 12-326. Vol. 12-293. Vol. 11-434. Vol. 27-382. Vol. Vol. 30-334. Vol. Vol. 25-479. Vol. 14-696. 28-184. Vol. 31-425. Vol. 39-71. Vol. 12-506. Vol. 17-428. Vol. 18-607. Vol. 16-475. Vol. 21-203. Vol. 23-276. 31-399-434. Vol. 32-147-401-419-646. Vol. 33-608-370-540- 581-606. Vol. 34-223-244-518. Vol. 36-425-484-575. Vol. 37-301-313-741. Vol. 38-310-454-499-567-629. Vol. 39-28- 254-496-375 to 435 99-389 Vol. 11-296. Vol. 12-81-439. Vol. 13-46. Vol. 15-419. Vol. 16-271. Vol. 16-271-474. Vol. 17-341-521-242. Vol. 18- 252-352. Vol. 19-299. Vol. 20-255. Vol. 21-203. Vol. 22-370-520. Vol. 25-322. Vol. 26-648. Vol. 28-173-194. Vol. 30-334. Vol. 31-399-424. Vol. 32-147-401-419-646. Vol. 33-608-370-540-581-605-606. Vol. 34-223-244-518. Vol. 35-526. Vol. 36-425-575. Vol. 37-301-313-741. Vol. 38- 310-454-499-567-529. Vol. 39-28-254-496. Vol. 40-28. 285-344 Vol. 16-475. Vol. 19-308. Vol. 12-83. Vol. 15-284. Vol. 16-527. Vol. 11-625. Vol. 12-3-188-254-308-316-374. Sec. 4, Vol. 12- 54. Sec. 7, Vol. 12-269. Sec. 8, Vol. 12-117. Vol. 13-469. Sec. 4, Vol. 13-446. Vol. 15-168-292-297-298-410. Vol. 16- 50-236-248-355-442-459-504. Sec. 8, Vol. 16-70. Vol. 17- 285-345-418-432-448. Sec. 2, Vol. 17-385. Sec. 3, Vol. 17- 450-498-542. Vol. 18-255. Sec. 2, Vol. 18-489-490. Sec. 3, Vol. 18-337-571-575. Vol. 19-277-459-570. Sec. 1 and 7, Vol. 19-534. Sec. 2, Vol. 19-114-217-571-575. Sec. 2, 53 Date of Act. Page. Vol. L. D. Page L. D. Page this book. Vol. 19-42-217-449-486-542-571. Sec. 6, Vol. 19-281. Vol. 20-56-72-284. Sec. 2, Vol. 20-242-300-459. Sec. 3, Vol. 20- 242-313. Vol. 21-57-129. Sec. 2, Vol. 21-200-340-349. Sec. 3, Vol. 21-135-193-340-349-392-515. Vol. 22-14-60-110. Sec. 2, Vol. 22-392-622. Sec. 3, Vol. 22-117-127-131-138-204- 229-255-290-386-442-486-518. Sec. 7, Vol. 22-360. Vol. 23- 70-317-346-413-423. Sec. 3, Vol. 23-26-415. Sec. 7, Vol. 23-565. Vol. 24-10. Sec. 3, Vol. 24-406. Sec. 4, Vol. 24- 434. Vol. 25-396-522. Sec. 2, Vol. 25-420. Sec. 3, Vol. 25-30-522. Sec. 8, Vol. 25-117. Vol. 26-113-29-356-655. Sec. 3, Vol. 26-251-633. Sec. 4, Vol. 26-391. Sec. 6, Vol. 26-590. Vol. 14-187-264-359-526-546-613. Vol. 27-707. Sec. 3, Vol. 27-337. Vol. 28-126. Vol. 29-440. Sec. 3, Vol. 29-436. Vol. 30-19-319-410-492. Vol. 31-151. Sec. 3, Vol. 31-226. Vol. 32-616. Vol. 33-237. See. 3, Vol. 33-371. Vol. 34-390. Vol. 35-178-457-504. Vol. 36-156-177. Vol. 37-415-605. Vol. 38-242-386-400. See. 3, Vol. 38-514-569. Sen 30 1890-684 Vol. 11-417. Vol. 14-208-509. Vol. 15-339. Vol. 16-390. Vol. 18-52-525. Vol. 19-305. Vol. 20-11-85-322-378-409. Vol. 21-116. Vol. 22-211-519. Vol. 23-304-467. Vol. 29-313. Oct. 1, 1890-644. Vol. 11-512-550. Oct. 1 1890-647 Vol. 11-435. Vol. 20-72. Vol. 21-427-514. Vol. 22-375. Sec. 1 2, Vol. 25-367. Oct 1 1890-650. Vol. 12-58-83-326. Vol. 15-284. Vol. 16-527. Vol. 20-254. Vol. 25-48. Vol. 26-609. Vol. 28-474. Vol. 30-585. Vol. 32-663. Vol. 38-389-415. Vol. 549. Oct. 1, 1890-560. Vol. 13-533. Oct. 1, 1890-643. Vol. 13-277. Oct. 1. 1890-663. Vol. 18-58. Oct. 1, 1890-662. Vol. 19-417-474. Oct. 1, 1890-636. Vol. 25-300. Oct. 1, 1890-648. Vol. 26-237. Oct. 1, 1890-658. Vol. 34-248. Jan 12 1891-712. Vol. 13-270. Vol. 24-543. Vol. 25-368. Feb' 13' 1891-747. Vol. 12-288. Vol. 15-547. Vol. 16-438. Vol. 30-288-543. Feb 13* 1891-749. Vol. 12-359. Sec. 1, Vol. 15-287. Sec. 7, Vol. 17-46. Vol. 21-275-499. Vol. 24-302. Vol. 24-214-311-424. Vol. 35- 348. Vol. 36-173-335. Feb 13 1891-758. Sec. 7, Vol. 19-288. Vol. 25-83-273. Vol. 35-348. Feb 18 1891-764. Vol. 15-297-298-411. Sec. 2, Vol. 16-51. Vol. 19-572. Vol. 25-420. Feb 28, 1891-796. Vol. 12-400. Vol. 13-708. Vol. 14-226-233. Vol. 15-10-154. Vol. 16-437. Vol. 17-71-267-296-557. Vol. 18-348. Vol. 19-207-245-585. Vol. 20-102. Vol. 21-220. Vol. 22-429. Vol. 23-315-423. Vol. 24-12-15-106-423-548-553. Vol. 25- 40. Vol. 26-511-669. Vol. 27-35. Vol. 28-57-195-375. Vol. 29-183-364-399-697. Vol. 30-188-235-245-438-609. Vol. 31-336. Vol. 32-347-574. Vol. 33-182-356-456-483-638. Vol. 34-121-366-434-614-659. Vol. 35-139-172-581-645. Vol. 36- 22-77-93. Vol. 37-431-471-500-612. Vol. 38-249-351. Feb. 28: 1891-794. Vol. 13-310. Vol. 18-497. Sec. 3, Vol. 19-328. Vol. 20- 51. Vol. 22-709. Sec. 4, Vol. 22-36. Vol. 25-101-364-408. Vol. 26-277. Vol. 28-564. Vol. 29-500. Sec. 3, Vol. 30- 114-258. Sec. 4, Vol. 30-546-606. Vol. 32-17. Vol. 33- 207-298-310. Sec. 1, Vol. 35-549. Vol. 37-211. Vol. 40- 140. Mar. 3, 1891-1021. Vol. 12-355. Mar. 3, 1891-971. Vol. 13-643-661. Vol. 16-475. Vol. 21-289-530. Mar. 3. 1891-948. Vol. 16-475. Mar. 3, 1891-1039. Sec. 20, Vol. 17-153. Vol. 20-53-399. Vol. 14-302. Mar. 3, 1891-1044. Vol. 18-406-522. Mar. 3, 1891-1101. Vol. 19-299. Mar. 3, 1891-1023. Vol. 20-46. Vol. 27-416. Mar. 3, 1891-1093. Vol. 12-246. Vol. 18-74. Vol. 24-505. Vol. 25-21-278. Vol. 26-399-404. Vol. 29-322-350-572. Vol. 30-542. Vol. 31- 59 V Date of Act. Pago. Vol. L. D. Page L. D. Page this book. 413. Vol. 32-496. Vol. 33-414. Vol. 34-79-112-247. Vol. 36-73-540. Ma:-. 3. 1891-1095. Sec. 1 to 6, Vol. 120-405. Sec. 2, Vol. 12-376. Sec. 7, Vol. 12-250-279-305-313-322-334-344-440-443-444-496-450-459-497- 522-540-610-637. Sec. 8, Vol. 12-456. Sec. 11 to 15, Vol. 12-583. Sec. 16, Vol. 12-513-662-686. Sec. 17, Vol. 12- 440. Sec. 18 to 21, Vol. 12-429. Sec. 24, Vol. .12-499. Sec. 1, Vol. 13-169-339. Sec. 7, Vol. 13-1-6-33-37-39-55-58-78-94- 108-111-118-152-181-292-332-386-388-392-419-429-452-458-462- 484-489-524-527-529-533-537-545-553-574-581-641. Sec. 8, Vol. 13-149. Sec. 12, 13, 14, Vol. 13-120. Sec. 17, Vol. 13-46-92. Sec. 18 to 21, Vol. 13-110-165-166-282-357-660- 681-682-707. Sec. 23, Vol. 13-299-7. Sec. 24, Vol. 13-54. Sec. 1, Vol. 15-391-107-145-176-252-403-436-513-539. Sec. 2, Vol. 15-343. Sec. 4, Vol. 15-179-485. Sec. 5, Vol. 15- 158-222. Sec. 6, Vol. 15-572. Sec. 7, Vol. 15-50-111-114- 136-162-186-228-278-348-355-362-421-445-450-503-507-548-568- 598. Sec. 14, Vol. 15-586. Sec. 17, Vol. 15-519. Sec. 18 to 21, Vol. 15-245-345-470. Sec. 24, Vol. 15-284. Sec. 1, Vol. 16-115-293-322-345-370-385-482. Sec. 2, Vol. 16-170- 467. Sec. 4, Vol. 16-11-55. Sec. 5, Vol. 16-512-530-566. Sec. 6, Vol. 16-215. Sec. 7, Vol. 16-28-46-47-78-140-156- 183-309-336-338-358- 407- 430- 465- 466- 484- 518-536-540-544. Sec. 8, Vol. 16-363. Sec. 9, Vol. 16-328. Sec. 18 to 21, Vol. 16-66-148-192-426-501. Sec. 24, Vol. 16-190. Sec. 1, Vol. 17-54-147-273-279-358. Sec. 2, Vol. 17-339-398. Sec. 4, Vol. 17-149. Sec. 7, Vol. 17-20-28-48-115-125-168-170- 277-305-317-362-377-483-512-523-524. Sec. 17, Vol. 17-342. Sec. 1, Vol. 18-171-233-235. Sec. 2, Vol. 18-364-532-580. Sec. 4, Vol. 18-346-536. Sec. 5, Vol. 18-399. Sec. 6, Vol. 18-150-437. Sec. 7, Vol. 18-44-54-93-129-154-399-311-324- 441-563. Sec. 8, Vol. 18-430. Sec. 11, Vol. 18-288. Sec. 17, Vol. 18-4-352. Sec. 18 to 21, Vol. 18-168-264-268-573. Sec. 24, Vol. 18-524. Sec. 1, Vol. 19-38-61-575. Sec. 2, Vol. 19-83-121-231-495. Sec. 5, Vol. 19-96-164-285. Sec. 6, Vol. 19-114. Sec. 7, Vol. 19-247-278-435-441-496-573- 484. Sec. 18 to 21, Vol. 19-256-304. Sec. 24, Vol. 19- 245-585. Sec. 1, Vol. 20-236. Sec. 2, Vol. 20-61-67-81-111- 113-219-406. See. 3, Vol. 20-509. Sec. 4, Vol. 20-181. Sec. 6, Vol. 20-361. Sec. 7, Vol. 20-259-311-346-403-411-488- 553. Sec. 9, Vol. 20-120-255. Sec. 12, Vol. 20-434. Sec. 17, Vol. 20-259-307. Sec, 18 and 19, Vol. 20-154-165-253- 443-464. Sec. 24, Vol. 20-32-103. Sec. 1, Vol. 21-3-29- 287-298. Sec. 2, Vol. 21-233-245. Sec. 5, Vol. 21-295- 505. Sec. 6, Vol. 21-106-200-203-484. Sec. 7, Vol. 21-12- 38-302-303-345. Sec. 17, Vol. 21-203. Sec. 18 and 19, Vol. 21-63-330-355. Sec. 22, Vol. 21-235. Sec. 2, Vol. 22-1. Sec. 5, Vol. 22-547. Sec. 6, Vol. 22-196-488-555. Sec. 7, Vol. 22-81-131-174-500-651-690. Sec. 9, Vol. 22-15. Sec. 12 and 13, Vol. 22-698. Sec. 17, Vol. 22-371-522. Sec. 18 and 20, Vol. 22-709. Sec. 1, Vol. 23-9-264. Sec. 2, Vol. 23-293-450-574. Sec. 4, Vol. 23-192-462. Sec. 5, Vol. 23- 462-547. Sec. 6, Vol. 23-305. Sec. 7, Vol. 23-144-162-175- 331-456-481. Sec. 11 and 16, Vol. 23-417. Sec. 12 to 14, Vol. 23-7-245-280-283-335-337-442. Sec. 17, Vol. 23-484. See. 18 to 21, Vol. 23-275-458-519. Sec. 1, Vol. 24-387-434- 448. Sec. 2, Vol. 24-100-308-435-466. Sec. 5, Vol. 24-80- 157-242-343. Sec. 6, Vol. 24-352. Sec. 7, Vol. 24-53-58- 139-493. Sec. 12, 13 and 14, Vol. 24-312-314-345. Sec. 18 and 21, Vol. 24-55-560. See. 24, Vol. 24-588-589. Sec. 1, Vol. 25-3-503. Sec. 2, Vol. 25-231-376. Sec. 6, Vol. 25-272. Sec. 7, Vol. 25-114-157. Sec. 8, Vol. 25-21. Sec. 10, Vol. 25-266. Sec. 11 and 13, Vol. 25-215-482 389 Mar 3 1891-1095. Sees. 11 and 15, Vol. 25-291-323. Sec. 17, Vol. 25-222. Sees. 18 to 21, Vol. 25-344. 91. Sec. 1, Vol. 26-477-670. Sec. 2, Vol 26-299. Sec. 4, Vol. 26-435-507. Sec. 5, Vol. 25-62- 709. Sec. 6, Vol. 26-222-544. See. 7, Vol. 26-224. Sec, 60 Date of Act. Page. Vol. L. D. Page L. D. Page this book. 8, Vol. 26-492. Sec. 9, Vol. 26-700. Sees. 12, 13, 14, VoL LM> 12:52-305-512-517-51-533-558-568. Sec. 17, Vol. 26-648 Sees. 18 to 21, Vol. 26-154-381-520. Sec. 1, Vol. 14-417- 434-614-632-704. Sec. 2, Vol. 14-74-565-596-677. Sec. 7, Vol. 14-1-85-120-349-431-457-522-575-648-649-651. Sec. 8, Vol. 14-126. Sec. 17, Vol. 14-125-514. Sec. 18, Vol. 14- 28-30-265-336-338. Sec. 22, Vol. 14-628. Sec. 24, Vol. 14-209. Sec. 1, Vol. 27-236-311. Sec. 2, Vol. 27-721. Sec. 4, Vol. 27-447. Sec. 5, Vol. 27-441-546-658-711. Sec. 6, Vol. 27-73-395. Sec. 7, Vol. 27-522. Sec. 10, Vol. 27-45. Sees. 12 and 13, Vol. 27-335-355-451-627. Sees. 18 to 21, Vol. 27-126-317-421-511-585. Sec. 2, Vol. 28-344-499-514. Sec. 5, Vol. 28-61-251. Sec. 6, Vol. 28-405. Sec. 7, Vol. 28-90. Sec. 8, Vol. 28-289. Sec. 11, Vol. 28-427. Sees. 12 to 14, Vol. 28-55-433-437-535. Sec. 17, Vol. 28-174- 194. Sees. 18 to 21, Vol. 28-402-474. Sec. 24, Vol. 28- 61-281-313-363-472-474-574. Sec. 5, Vol. 29-219-648. Sec. I, Vol. 29-214-643. Sec. 7, Vol. 29-423-525-539. Sec. 11, Vol. 29-357-685. Sees. 12 and 13, Vol. 29-416. Sec. 16, Vol. 29-31. Sees. 18 to 21, Vol. 29-112. Sec. 24, Vol. 29-344-384-577-593. Sec. 2, Vol. 30-73. Sec. 4, Vol. 30- 254-561. Sec. 5, Vol. 30-376. Sec. 7, Vol. 30-548. Sees. 2 to 14, Vol. 30-397-418. Sees. 18 to 21, Vol. 30-325. Sec. 24, Vol. 30-23-46-94-378-519-551-609. Sec. 2, Vol. 31-12-279. Sec. 5, Vol. 31-87-146. Sec. 7, Vol. 31-368. See. 2, Vol. 31-44. Sec. 9, Vol. 31-201. Sec. 11, Vol. 31-38. Sees. 18 to 21, Vol. 31-14-232. Sec. 19, Vol. 31- 365. Sec. 24, Vol. 31-372. Sec. 2, Vol. 32-419-657-609. Sec. 3, Vol. 32-484. Sec. 5, Vol. 32-141-208-227-339. Sec. 7, Vol. 32-380. Sec. 8, Vol. 32-495. Sec. 12, Vol. 32-439. Sec. 13, Vol. 32-439. Sec. 14, Vol. 32-160. Sec. 16, Vol. 32-212. Sec. 18, Vol. 32-256. Sees. 18, 19, 20 and 21, Vol. 32-34-178-452-461-463-597. Sec. 24, Vol. 32-82-110- 158-321-469. Sec. 2, Vol. 33-251-289-383-493. Sec. 7, Vol. 33-11-113-281-286-308-499. Sec. 1, Vol. 33-163-179. Sec. 14, Vol. 33-164. Sec. 15, Vol. 33-543. Sec. 17, Vol. 33- 370-540-606. Sees. 18 to 21, Vol. 33-451-469-564-646. Sec. 24, Vol. 33-36-389. See. 2, Vol. 34-386-466-497-677. Sec. 5, 'Vol. 34-66-280. Sec. 6, Vol. 34-297. Sec. 7, Vol. 34- 173. Sec. 7, Vol. 34-78-112-247. Sec. 11, Vol. 34-102-287. Sec. 6, Vol. 34-102-217-598. Sec. 18, Vol. 34-244. Sees. 18, 19, 20, 21, Vol. 34-212. Sec. 24, Vol. 34-20. Sec. 2, Vol. 35-15-306-586-639. Sec. 7, Vol. 35-48-68-578. Sec. 9, Vol. 35-401-417. Sec. 16, Vol. 35-19. Sec, 17, Vol. 35-lo5- 526. Sees. 18 to 21, Vol. 35-297-550. Sec. 24, Vol. 35- 159-262-433. Sec. 2, Vol. 36-107-188. Sec. 5, Vol. 36-98. Sec. 7, Vol. 36-19-121-269-438-446-448. Sec. 17, Vol. 36- 425. Sees. 18 to 21, Vol. 36-490-567-580. Sec. 24, Vol. 36-344. Sec. 2, Vol. 37-150-312-341. Sec. 3, Vol. 37-142. Sec. 4, Vol. 37-566. Sec. 5, Vol. 37-112-231. Sec. 7, Vol. 37-91-181-329-379-565-591-619. Sec. 8, Vol. 37-390. Sec. II, Vol. 37-364-335. Sec. 16, Vol. 37-742. Sec. 17, Vol. 37-302-742. Sees. 18 to 21, Vol. 37-6-78-153-231. Sec. 24, Vol. 37-278. Sec. 2, Vol. 38-216-421-439-509. Sec. 5, Vol. 38-156. Sec. 7, Vol. 38-35-610. Sec. 16, Vol. 38- 97-113-115. Sec. 17, Vol. 38-208-568. Sees. 18 to 21, Vol. 38-303-493-548-597. See. 34, Vol. 38-225. Sec. 2, Vol. 39-129-287. Sec. 7, Vol. 39-94-326-332-437-562. Sec. 12, Vol. 39-598. Sees. 18 to 21, Vol. 39-104-334. Sec. 20, Vol. 39-480-481. Sec. 24, Vol. 39-93-415-484. Vol. 40-94- 99-125-130-300-381-485-561. Vol. 40-595. Sees. 4, 5, 6, 7 and 8, 269. Sec. 16, 375. Sec. 17, 269. Sec. 7, 596. Mar. 3. 1891-989. Vol. 13-189-640. See. 9, Vol. 13-316. Sec. 16, Vol. 13-311. Sec. 16, Vol. 15-87-297-357. Sec. 17, Vol. 16-74. Sec. 37, Vol. 16-82. Vol. 18-406-522. Sec. 16, Vol. 20-8. Vol. 21-268-277-409. Vol. 24-60-92. Vol. 25-364. Sec. 16, Vol. 26-61. Vol. 27-416. Vol. 28-401. Sec. 17, Vol. 29-528- 61 Date of Act. Page. Vol. L. D. Page L. D. Page this book. 585. Vol. 30-114. Sec. 16, Vol. 31-49. Sec. 36, Vol. 31- 269. Vol. 32-659. Sec. 13, Vol. 33-447. Sec. 8, Vol. 35-348. Sec. 13, Vol. 35-135-344. Sec. 18, Vol. 35-114. Sec. 22, Vol. 35-159-452. Sec. 16, Vol. 36-172-335. Mar. 3, 1891-1016. Sec. 16, Vol. 15-87-297-357. Sec. 16, Vol. 24-242. Vol. 36- 335. Mar. 3, 1891-1043. Sec. 36, Vol. 15-370. Sec. 36, Vol. 21-141. Mar. 3, 1854-854. Vol. 14-98. Vol. 16-408. Vol. 15-20-147. Vol. 21-157. Sees. 16 and 17, Vol. 22-523-524. Sec. 14, Vol. 23-193. Vol. 24-1. Sec. 12, Vol. 25-391. Sees. 17 and 18, Vol. 27-279. Sees. 8 and 14, Vol. 28-544. Sec. 16. Vol. 22- 192. Vol. 29-53. Vol. 30-102-221-507. Sec. 8, Vol. 31-333. Sec. 14, Vol. 31-333. Sec. 16, Vol. 31-323-332. Sec. 17, Vol. 31-323-332. Sec. 18, Vol. 31-382. Sec. 17, Vol. 33-83. Sec. 16, Vol. 33-156. See. 17, Vol. 33-61-156. Sec. 6, Vol. 34-509. Sec. 8, Vol. 34-507. Sec. 10, Vol. 34-136. Sec. 6, Vol. 35-94. Sec. 12, Vol. 35-94. Sec. 16, Vol. 35-258-602. Sec. 7, Vol. 35-94. Sec. 18, Vol. 35-258. Vol. 36-471. Vol. 37-481. Sees. 16, 17, 18, Vol. 37-536. Sees. 16, 17, 18, Vol. 39-136. Vol. 40-75. Mar. 3, 1891-1026. Sec. 17, Vol. 16-74. Sec. 37, Vol. 16-82. Vol. 17-52. Sec. 16, Vol. 17-262. Sec. 17, Vol. 18-122. Sec. 16, Vol. 19-296. Sec. 16, Vol. 20-473. Sec. 17, Vol. 28-408. Sec. 17, Vol. 29-528-585. Mar. 3, 1891-1029. Sees. 20 and 22, Vol. 20-333. Mar. 3, 1891-1035. Vol. 25-364. Mar. 3, 1891-851. Vol. 26-506. Mar. 3, 1891-1022. Vol. 28-401. Vol. 30-114. Mar. 3, 1891-413. Sec. 8, Vol. 31-413. Mar. 3, 1891-861. Sec. 17, Vol. 32-83. Mar. 3, 1891-1057. Vol. 32-659. Mar. 3, 1891-1032. Vol. 35-452. Mar. 3, 1891-826. See. 11, Vol. 38-602. Mar. 3, 1891-862. See. 17, Vol. 27-604. Sept. 26, 1890-485. Vol. 17-227. July 3, 1890-482. Sec. 4, Vol. 20-170. Sept. 26, 1890-482. Vol. 20-354. Aug. 20, 1890-370. Vol. 21-289. Sept. 29, 1890-406. Sec. 8, Vol. 23-288. Sept. 30, 1890-502. Vol. 14-560. Vol. 32-172-513. Vol. 36-264. Vol. 38-106- 124. Vol. 39-384. May 20, 1890-753. Vol. 30-533. Feb. 28, 1891-795. Sec. 3, Vol. 30-114-258. Feb. 24, 1891-783. Vol. 32-306. May 2, 1890- 91. Sec. 22, Vol. 38-97-115-119-124. STATUTE NO. 27. Feb. 3, 1892- 2. Vol. 17-227. Apr. 12, 1892-1018. Vol. 18-522. Vol. 33-447. June 17, 1892- 52. Vol. 18-156. Vol. 22-668. Vol . 24-26. Vol. 25-43. Vol. 33-205. June 25, 1892- 50. Vol. 15-298. June 25, 1892- 59. Vol. 17-501. Vol. 18-572. Vol. 23-444. Vol. 23-416. July 1, 1892- 62. Vol. 26-497. Vol. 29-661. Vol. 30-89. July 13, 1892-139. Vol. 20-508. July 26, 1892-370. Vol. 15-426. Vol. 17-403. Vol. 18-446. Vol. 22-301. Vol. 25-281. Vol. 31-138-409. Vol . 33-466. Vol . 35-57. Vol. 36-170-373. Vol. 37-162. Vol. 38-525. Vol. 39-541. Aug. 1, 1892-340. Vol. 37-32. Aug. 3, 1892-347, Vol. 33-58. Aug. 4, 1892-348. Vol. 15-256-374-360 Vol. 16-122-264-326-335-539. Vol. 17- 120. Vol. 20-7-129-559. Vol. 21-460. Vol. 22-97-234 346- 424. Vol. 23-322-329-413-516. Vol. 24-167-403. Vol. 25- 244-437. Vol. 26-373-529. Vol. 29-196-478. Vol. 30-407. Vol. 31-201-464-401-408. Vol. 32-33-472.- Vol. 33-271-504- 534-567. Vol. 34-105-117-381. Vol. 35-422-664. Vol. 37- 161-299-395-743. Vol. 38-133. Vol. 39-359.. ..574 62 Date of Act. Page. Vol. L. D. Page L. D. Page this book. Aug. 4, 1892-438. Vol. 19-389. Aug. 5, 1892-390. Vol. 15-344-556-538. Vol. 18-258-459. Vol. 19-531. Vol. 23-586. Vol. 25-546. Vol. 29-254. Vol. 32-8. Vol. 33-513. Vol. 34-211. Vol. 36-167. Vol. 37-504-57(5. Aug. 5, 1892-369. Vol. 16-498-528. Vol. 17-538. Aug. 5, 1892-370. Vol. 18-265. Dec. 20, 1892-1049. Vol. 31-405. Vol. 32-77. Vol. 37-164. Jan. 3, 1893-427. Vol. 23-416. Vol. 26-251-634. Feb. 15, 1893-456. Vol. 23-282. Feb. 20, 1893-469. Vol. 17-492. Feb. 20, 1893-1063. Vol. 33-624. Feb. 13, 1893-444. Vol. 26-399. Vol. 29-572. Vol. 30-543. Vol. 36-73. Feb. 14. 1893-1059. Vol. 31-80. Feb. 21, 1893-470. Vol. 21-157. Vol. 27-279-605. Vol. 28-192. Vol. 31-323-325. Vol. 32-83. Vol. 33-61-156. Vol. 35-259-502. Vol. 37-536. Vol. 39-136. Feb. 21, 1893-740. Vol. 22-523-524. Feb. 25, 1893-1068. Vol. 30-378. Feb. 27, 1893-492. Vol. 38-415. Feb. 27, 1893-487. Vol. 21-1. Mar. 3, 1893-592. Vol. 16-529-458-462-496. Vol. 17-493-536. Vol. 18-265. Vol. 37-2 Mar 3, 1893-593. Vol. 16-293-345-385-294-319. Vol. 17-60-168-512. Vol. 18-77- 131. Vol. 19-466. Vol. 20-273-516. Vol. 21-287. Vol. 23- 495. Vol. 24-292-448. Vol. 26-237-670. Vol. 29-215. Vol. 30-369. Vol. 34-140-301. Vol. 38-165-519. Vol. 39-345- 392-474-553. Mar. 3, 1893-460. Vol. 16-431. Mar. 3, 1893-612. Vol. 17-225. Vol. 24-286-421. Vol. 25-57-504. Vol. 29-502- 528-534. Sec. 10, Vol. 29-335. Vol. 29-630. Vl. 30-368. Sec. 10, Vol. 31-49-163. Vol. 35-167-114. Mar. 3, 1893-612. Vol. 36-173. Vol. 38-562. Mar. 3, 1893-642. Sec. 10, Vol. 18-122. Vol. 27-588. Sec. 10, Vol. 29-108- 246-372. Vol. 35-114. Mar. 3, 1893-596. Vol. 19-324. Mar. 3, 1893-643. Sec. 10, Vol. 19-337. Mar. 3, 1893-633. Vol. 20-157. Mar. 3, 1893-640. Sec. 10, Vol. 20-1. Vol. 21-499-552. Vol. 22-813. See. 10, Vol. 22-196. Vol. 23-386-532. Vol. 35-167. Mar. 3, 1893-568. Vol. 21-55 Vol. 23-144. Vol. 28-424. Mar. 3, 1893-572. Vol. 23-147. Vol. 31-386. Vol. 32-107. Vol. 34-140 301. Vol. 36-77-90. Vol. 37-2. Vol. 38-166-519. Mar. 3, 1893-631. Vol. 25-421. Mar. 3, 1893-744. Vol. 25-19. Mar. 3, 1893-555. Vol. 25-141. Vol. 28-569. Vol. 30-286. Vol. 35-210. Mar. 3, 1893-562. Vol. 35-349. Mar. 3, 1893-630. Vol. 38-562. Mar. 8, 1893-557. Vol. 26-54. Sec. 3, Vol. 303. Sec. 3, Vol. 32-573. Vol. 35-349. Vol. 36-173. STATUTE NO. 28. Aug. 19, 1893-1222. Vol. 35-348. Vol. 36-335. Sep. 1, 1893- 11. Vol. 18-122. Vol. 20-203. Vol. 26-398. Vol. 29-502-529. Sep. 28, 1893-1240. Vol. 32-155. Oct. 20, 1893- 3. Vol. 18-5. Vol. 19-296. Vol. 26-543. Vol. 31-50. Vol. 36- 503 Nov. 1, 1893- 4. Vol. 27-395. Nov. 3, 1893- 6. Vol. 29-65. Vol. 37-743 390 Dec. 12, 1893- 15. Vol. 23-416. Vol. 26-633. Feb. 1, 1894-137. Vol. 28-165. Feb. 10, 1894- 37. Vol. 20-470. Vol. 24-91. Vol. 26-190-604. May 4, 1894- 71. Vol. 22-196. Vol. 29-534. Vol. 31-259. Vol. 35-349. June 6, 1894-987. Vol. 24-390. June 6, 1894- 86. Vol. 32-306. June 20, 1894- 94. Vol. 20-510. Vol. 25-106. Vol. 30-149. July 16, 1894-107. Sec. 6, Vol. 26-87. Sec. 6 and 10, Vol. 29-419-623. Sec. 7, Vol. 29-69. Sec. 12 and 13, Vol. 30-301-315. Sec. 6, Vol. 63 Date of Act. Page. July 16, 1894-109. July 18, 1894-114. July 21, 1894-206. July 26, 1894-122. July 26, 1894-123. July 31, 1894-208. Aug. 4, 1894-226. Aug. 4, 1894-227. Aug. 9, 1894-275. Aug. 11, 1894-276. Aug. 13, 1894-279. Aug. 15, 1894-295. Aug. 15, 1894-305. Aug. 15, 1894-314. Aug. 15, 1894-336. Aug. 15, 1894-326 Aug. 15, 1894-286. page this book. Sec. 6 and 10, Vol Aug. 15, Aug. 15, Aug. 15, Aug. 18, Aug. 18, Aug. 18, Aug. 18, 1894-319. 1894-326. 1894-332. 1894-397. 1894-394. 1894-397. 1894-372. Aug. 18, 1894-373. Aug. 18, 1894-422. Aug. 20, 1894-423. Aug. 23, 1894-491. Aug. 24, 1894-502. Dec. 13, 1894-594. Dec. 29, 1894-599. Jan. 19, 1895-634. Vol. L. D. Page L. D. 32-117. Sec. 6, Vol. 33-37-223-611. 34-486. Sec. 12, Vol. 37-662. Vol. 23-559. Vol. 27-54. Sec. 8, Vol. 27-95. Vol. 26-543. Vol. 37-743 ........................... 391 Sec. 5, Vol. 35-633. Vol. 20-290. Vol. 23-569. Vol. 23-166. Vol. 19-305. Vol. 20-11. Vol. 21-118. Vol. 22-211-518 Vol. 23-248-293-304-467. Vol. 24-398-435. Vol. 25-150- 306-325-376. Vol. 30-50. Sec. 8, Vol. 21-526. Sec. 8, Vol. 22-583. 609. Vol. 19-298. Vol. 20-293. Vol. 24-437. Vol. 25-306-325. Vol. 26-298-499. Vol. 20-482. Vol. 28-264. Vol. 28-185. Vol. 27-315. Vol. 30-328. Vol. 32-484. 34-216. Vol. 36-569. Vol. 39-184. Vol. 30-461. Vol. 30-115. Sec. 12, Vol. 20-435. Sec. 15, Vol. 20-476. Sec. 19, Vol. 20-1. Sec. 16, Vol. 21-382. Vol. 30-537. Vol. 38-461-179-191. Vol. 24-511. Vol. 25-97-365-410. Sec. 12, Vol. 25-134. Vol. Vol. 30-115-461. Sec. 12, Vol. 31-250. Vol. Sec. 8, Vol. 26- Vol. 25-150-377. Vol. 33-453. Vol. Vol. 34-415. Vol. 37-281. Vol. 38-46-179- Vol. 21-231-404. Vol. 23-123-502. Vol. Vol. 29-659. Vol. 30-62-604. Vol. 38-72- 29-252-457. 32-374-376. 191. Vol. 26-22. Vol. 37-281. Vol. 40-413. Vol. 19-160-268. 24-35-291-502. 517-553 Vol. 19-301. Vol. 24-122. Vol. 30-1-80-278. Vol. 33-383- 357. Vol. 34-139-434-661. Vol. 35-53-640. Vol. 37-2-69- 71-135. Vol. 38-219-224-252. Vol. 39-344-482-584-600. Vol. 20-3-272-419-516. Vol. 22-699. Vol. 26-192-555. Vol. 27-527-565. Vol. 28-205-211. Vol. 33-113-243-286. Vol. 34-687. Vol. 40-53. Sec. 4, Vol. 20-440. Vol. 21-90. Vol. 24-526. Sec. 4, Vol. 24-66. Vol. 26-74-480. Vol. 29-590. Vol. 30-1-80-278. Sec. 1, Vol. 31-217. Sec. 4, Vol. 31-149-328. Vol. 32-241- 107. Vol. 33-283-359. Vol. 33-133-243-286. .Sec. 4, Vol. 33-105-374. Vol. 34-139-434-661-687-453-589. Vol. 35-53- 640. Sec. 4, Vol. 35-46-477. Vol. 36-435. Vol. 37-2-69- 71-135-624. Sec, 4, Vol. 38-219-224-252-721-517-508-580. Vol. 39-344-482-584-600. Vol. 40-53 252 Sec. 4, Vol. 25-33. Sec. 4, Vol. 33-105-374. Vol. 34-453-589. Sec. 4, Vol. 35- 46-477. Vol. 37-624. Sec. 4, Vol. 38-508-580. Sec. 2, Vol. 243. Sec. 4, Vol. 391. Vol. 20-254. Vol. 21-77. Vol. 26-311. Vol. 29-347. Vol. 31-77. Vol. 36-563-594. Vol. 19-392-477. Vol. 20-118-303-304-558. Vol. 22-456-597. Vol. 23-14-237-567. Vol. 24-269-335. Vol. 25-260. Vol. 26-87-237. Vol. 27-144. Vol. 28-475. Vol. 29-261-418. Vol. 30-90-213-302-311-468. Vol. 31-115-193. Vol. 32- 226. Vol. 33-488. Vol. 35-109-295. Vol. 36-77-506. Vol. 37-545-667. Vol. 38-47-197. Vol. 39-125-369. Vol. 27-415. Vol. 20-95. Vol. 30-617. Vol. 31-224. Vol. 35-402-611. Vol. 36-502. Vol. 37-300-533-618. Vol. 39-450 574 Vol. 20-308-432. Vol. 21-205. Vol. 22-197. Vol. 23-404. Vol. 26-23-549. Vol. 29-307-710. Vol. 35-76 26 to 31 Vol. 20-98. Vol. 27-691. 64 Date of Act. Page. Jan. 21, 1895-635. Jan. 26, 1895-641. Feb. 15, 1895-664. Feb. 20, 1895-677. Feb. 26, 1895-683. Feb. 26, 1895-687. Mar. Mar. Mar. Mar. Mar. Mar. Mar. Mar. Mar. Mar. 2, 1895-744. 2, 1895-747. 2, 1895-814. 2, 1895-899. 2, 1895-901. 2, 1895-876. 2, 1895-894. 2, 1895-897. 2, 1895-900. 3, 1895-764. May 16, 1895-866. Oct. 8, 1895-873. Jan. 4, 1896-876. Jan. 23, 1896-4-4. Feb. 12, 1896- 6. Feb. 24, 1896- 13. Feb. 26, 1896- 17. Feb. 26, 1896- 16. Mar. 2, 1896- 42. Mar. 4, Mar. 30, Apr. 7, Apr. 14, Apr. 18, Apr. 25, May 4, May 11, May 14, 1896- 43. 1896- 80. 1896- 90. 1896- 91. 1896- 95. 1896-109. 1896-113. 1896-116. 1896-120. May 21, 1896-127. May 25, 1896-137. May 26, 1896-184. May 28, 1896-189. June 3, 1896-197. June 3, June 10, June 10, June 10, June 10, June 10, June 10, June 10, 1896-245. 1896-321. 1896-343. 1896-353. 1896-358. 1896-342. 1896-357. 1896-360. Vol. L. D. Page L. D. Page this book. Vol. 20-164-509. Vol. 23-519. Vol. 25-345. Vol. 27-495. Vol. 31-13-17. Vol. 36-580-583 108 Vol. 24-296. Vol. 25-443. Vol. 29-253. Vol. 30-259. Vol. 38-557. Vol. 20-568. Vol. 23-237. Vol. 27-144. Vol. 29-423-501. Vol. 26-78. Sec. 4, Vol. 28-271. Vol. 32-119. Vol. 39-463. Vol. 20-350-522-561-571. Vol. 21-65-68-108. Vol. 25-246- 349-446. Vol. 26-197-423-684. Sec. 5, Vol. 28-295. Vol. 29-102-248-503-675. Vol. 30-442-476. Vol. 31-395. Vol. 32-24-611. Vol. 33-74-602-622. Vol. 34-211-284-662. Vol. 35-471. Vol. 36-40. Vol. 37-69-71-135. Vol. 38-492. A 7 ol. 39-113-116. A T ol. 20-305. Vol. 25-146-159. Vol. 26-607-676-699. Vol. 27-45-499-617-715. Vol. 29-153-320-347-378-486. Vol. 30- 537. Vol. 31-201-247. Vol. 33-447. Vol. 35-412. Vol. 37-108-454. Vol. 20-309. Vol. 20-472. Vol. 20-510. Vol. 20-470. Vol. 20-432. Vol. 25-355. 34-55-164. Vol. 25-106. Vol. 30-149. Vol. 24-91. Vol. 33-611. Vol. 37-744. . ..391 Vol. 31-1. Vol. 32-95-576. Vol. 33-611. Vol. Vol. 35-349. Vol. 36-173. Vol. 37-744 391 Vol. 34-55-164. Vol. 37-744 391 Vol. 35-349. Vol. 21-386. Vol. 40-318. STATUTE NO. 29. Vol. 37-281. Vol. 38-191. Vol. 40-413. Vol. 30-315. Vol. 32-117. Vol. 33-37-223. Vol. 22-204-290-386-444. Vol. 23-26. Vol. 24-406. Vol. 26-251-633. Vol. 27-337. Vol. 29-437. Vol. 26-409-492. Vol. 29-35. Vol. 38-415. Vol. 24-517. VoL 28-376. Vol. 22-524. Vol. 23-445-569. Vol. 25-390-409. Vol. 26-489-494-705. Sec. 1, Vol. 27-522. Vol. 28-270-289. Vol. 29-9-39-237-435. Vol. 30-184-198. Vol. 31-426. Vol. 33-21. Vol. 22-350-526. Vol. 24-443. Vol. 31-124. Vol. 23-582. Vol. 32-604. Vol. 34-186. Vol. 27-274. Vol. 29-244-595. Vol. 34-296-654. Vol. 26-280. Vol. 28-132. Vol. 29-338. Vol. 31-124. Vol. 28-540. Vol. 30-353. Vol. 34-357. Vol.- 38-98-119-210 to 247. Vol. 23-519. Vol. 34-560. Vol. 26-520. Vol. 27-315-495. Vol. 28-475. Vol. 30-383. Vol. 31-13-361. Vol. 32-114- 178. Vol. 34-239. Vol. 36-580. Vol. 23-521. A 7 ol. 30-335. Vol. 34-223. Vol. 36-576. Vol. 38-597 100 Vol. 36-275. Vol. 24-564. Vol. 30-141. Vol. 22-771. Vol. 24-351. Vol. 26-544-561. Sec. 2, Vol. 28-151-156. Sec. 2, Vol. 31-160. Vol. 35-523-595. Vol. 25-256-258. Vol. 32-3. Vol. 37-162-596. Vol. 25-365. Vol. 29-158. Vol. 32-456. Vol. 27-574. Vol. 35-432. Vol. 37-745 393 Vol. 35-432. Vol. 30-50. Vol. 37-745 393 Vol. 37-745 393 65 Date of Act. Page. June 11, 1896-413. June 11, 1896-434. Jan. 13, 1897-484. Jan. 18, 1897-490. Jan. 30, 1897-507. Feb. 11, 1897-526. Feb. 17, 1897-534. Feb. 18,1897-535. Feb. 24, 1897-594. Feb. 24, 1897-595. Feb. 26, 1897-599. Mar. 2, 1897-518. Mar. 2, 1897-603. Mar. 2, 1897-618. Mar. 3, 1897-622. Feb. 22, 1897-901. Feb. 22, 1897-902. Feb. 22, 1897-903. Feb. 22, 1897-904. June 4, 1897- 36. June 4, 1897- 34. June 4, 1897- 11. June 7, 1897- 62. Juno 7, June 4, June 7, June 7, June 2:5, Jan. 18, Jan. 27, Mar. 2, Apr. 11, Apr. 25, Apr. 29, May 11, 1897- 87. 1897- 35. 1897- 90. 1897- 67. 1897-105. 1898-227. 1898-234. 1898-767. 1898-354. 1898-364. 1898-367. 1898-404. Vol. L. D. Page L. D. Page this book. Vol. 31-229. Vol. 33-374. Vol. 35-477. Vol. 36-512. Vol 37-635. Vol. 38-512 253 Vol. 24-123. Vol. 26-74-480. Vol. 33-374. Vol. 35-477. Vol. 37-625. Vol. 38-512 353 Vol. 28-552. Vol. 29-147-400-660. Vol. 30-335. Vol. 31- 246. Vol. 32-147. Vol. 33-323. Vol. 34-224. Vol. 36-576. Vol. 38-175. Vol. 40-559-560 115-116-117 Vol. 24-184. Vol. 26-530. Vol. 28-274-537. Vol. 29-340- 532. Sec. 4, Vol. 29-74. Vol. 30-84-88-436. Vol. 32- 195-236-309. Vol. 35-349. Vol. 36-171. Vol. 29-352. Vol. 24-183. Vol. 25-352. Vol. 37-746. Vol. 39-461. Vol. 40-602 393 Vol. 24-267. Vol. 26-251-356-636. Vol. 29-437. Vol. 30-494. Vol. 30-24. Vol. 25-373. Vol. 34-223. Vol. 36-17.". Vol. 39-29.. . .99 Vol. 24-590. Vol. 30-334. Vol. 28-197. Vol. 25-15. Sec, 3, Vol. 30-401. Sec. 2, Vol. 38-106 210 to 247 Vol. 27-323. Vol. 31-47-186. Vol. 33-589. Vol. 31-58. Vol. 34-658. Vol. 33-367. Vol. 34-127. STATUTE NO. 30. Vol. 24-588-589. Vol. 23-44-53-54-66-69-72-76-109-121-161-233- 284-291-295-333-350-352-355 - 360 - 368-458-461-501-559-589- 593-596-622-639-677. . Vol. 34-123-81-89-91-113-115-120-122- 127-151-296-299-301-377-380-459-520-564-578-603. Vol. 35-9- 58-107-117-161-223-262-280-292-387. Vol. 36-8-28-41-300-492. 496. Vol. 37-72-118-139-143-164-278-284-324-613-670-746. Vol. 38-65-293-329-400-514-541-598. Vol. 39-77-177-319-384-442- 608-611. Vol. 40-37-198-284 393 Vol. 25-41-140. Vol. 27-472-591 393 Vol. 28-89-284-291-292-312-328-472-474-521. Vol. 29-382-391- 531-553-575-578-580-593-594-597. Vol. 30-15-23-44-92-105- 124-146-268-378-462-538-550-570-583. Vol. 31-414-78-152-176- 185-186-213-215-220-225-251-252 - 273 - 289-303-212-319-322- 352-372. Vol. 32-111-16-26-29-31-41-100-111-119-121-124- 151-174-182-209-223 - 233 - 244-261-282-283-299-308-311-315- 323-374-379-410-414-466-420-566-578-641-642-661. Vol. 33- 36-44-53-54-66-69-72-76-109-151-161-233-284-291-295-333-350- 352-355-360-368-458-461-501-558 - 589 - 593-596-622-639-677. Vol. 34-12-23-81-89-91-113-115-120-122-127-151-296-299-301- 377-380-459-520-564-578-603. Vol. 35-9-59-107-117-151-223- 262-280-292-387. Vol. 36-8-28-41-300-492-496. Vol. 37-72- 118-139-143-174-278-284-324-613-670-746. Vol. 40-284. Vol. 25-364. Vol. 26-45-71-84-116. Vol. 27-386. Vol. 29- 240-457-410. Sec. 10, Vol. 29-158. Vol. 30-458-115. Vol. 30-607. Vol. 31-315. Vol. 33-221. Vol. 35-533. Vol. 25-97. Vol. 28-88. Vol. 30-50. Vol. 34-648. Vol. 33-36. Vol. 33-221. Vol. 35-533. Vol. 28-540. Vol. 26-187. Vol. 26-659. Vol. 30-609. Vol. 26-567. Vol. 30-295. Vol. 37-348-465. Vol. 27-495. Vol. 28-474. Vol. 29-214. Vol. 30-326. Sec. 1, Vol. 30-13-17. Vol. 32-361. Vol. 33-451. Vol. 34-214. Vol. 35-155. Vol. 36-568-580-583. Sec. 2, Vol. 37-78-152. Vol. 37-63. Vol. 38-592. Vol. 28-341. Vol. 30-85-437. Vol. 36-171. Vol. 32-556. Vol. 37-101-237. 66 Date of Act. Page. Vol. L. D. Page L. D. Page this book. Vol. 38-308-303-548. Sec. 2, Vol. 39-104-309. Vol. 40- 125-128-381 92-108 May 14, 1898-409. Vol. 27-248-451-627. Sec. 10, Vol. 27-335-355-627. Vol. 28- 437. Sec. 1, Vol. 28-150. Sec. 31, Vol. 28-178. Sec. 1, Vol. 29-450. Sees. 1 and 10, Vol. 29-95. Sec. 2, Vol. 29-106-397. Sec. 6, Vol. 29-447-451-685. Sec. 10, Vol. 29- 395-416-449-684. Sec. 11, Vol. 29-572. Sec. 10, Vol. 30-40- 144-177-285-299-417. Sec. 1, Vol. 31-442. Vol. 32-91-98- 424. Sec. 1, Vol. 32-424. Sec. 6, Vol. 32-1. Sees. 2 to 9, Vol. 32-428. Sec. 10, Vol. 32-2-92-131-438. Sec. 11, Vol. 32-442. Sec. 12, Vol. 32-445. Sec. 13, Vol. 32-445. Sec. 1, Vol. 34-11. Sec. 6, Vol. 34-19. Sec. 7, Vol. 34-20. Sec. 4, Vol. 35-298. Sec. 10, Vol. 36-226. Vol. 37-265- 555. Sec. 1,- Vol. 39-514-599. Sec. 10, Vol. 39-514. Vol. 40-537. May 14, 1898-415. Vol. 37-747-395. May 18, 1898-418. Vol. 27-67-68. Vol. 34-243. Vol. 35-403-496 565 May 27, 1898-745. Vol. 27-526. Vol. 30-126. Vol. 32-150. June 21, 1898-484. Vol. 27-281. Sec. 11, Vol. 27-284-302. Vol. 29-354-399. Sec. 1, Vol. 31-189-390. Sec. 3, Vol. 31-189-390. Sec. 8, Vol. 31-263. Sec. 10, Vol. 32-137. Vol. 34-143-371-549-599. Sec. 1, Vol. 35-541. Sec. 3, Vol. 35-1. June 16, 1898-473. Vol. 29-484-625. Vol. 30-58-223-295-464. Vol. 31-170. Vol. 32-253. Vol. 33-123-250-261. Vol. 34-206-536. Vol. 35- 552-626. Vol. 26-296. Vol. 27-436. Vol. 38-150-319. Vol. 39-290. June 28, 1898-495. Vol. 31-42. Vol. 32-510. Vol. 33-157. Vol. 35-602. June 27, 1898-495. Vol. 37-536. June 29, 1898-1776. Vol. 30-609. Vol. 32-51. Vol. 37-237. July 1, 1898-595. Vol. 30-50. July 1, 1898-618. Vol. 27-276. Vol. 34-81-113. Vol. 35-265. Vol. 37-300. July 1, 1898-620. Vol. 27-357-566-469-545. Vol. 28-103-124-126-474. Vol. 29- 58-224-242-316-328-387. Vol. 33-436-369-427-621. Vol. 34- 106-146-154-209-210-364-484-575-661. Vol. 35-48-50-359-448- 457. Vol. 35-589. Vol. 38-46-82-270-273-326-385-400-410- July 1, 1898-571. 505-526-540-616. Vol. 39-230-318-389. Vol. 40-437. Vol. 29-661. Vol. 30-89. Vol. 32-459. July 1, 1898-597. Vol. 30-107-193-251-279-595-602-620. Vol. 31-413-130-162-255- 432. Vol. 32-291-367-369-655. Vol. 33-436-150-369-427-621. Vol. 34-81-106-113. Vol. 35-265-50-359-448-457-589. Vol. 36-99-156-178-182-266-270-283-298-299-523. Vol. 37-70-115- 137-280-395-408-414-421-427-496-570-595-606-667. Vol. 38- 46-82-270-273-326-385-400-410-505-526-540-616. Vol. 39-230- 318-389. Vol. 40-595. July 7, 1898-652. Vol. 29-528. Vol. 34-531. July 7, 1898-750. Vol. 29-33. Vol. 30-296. Vol. 31-240-282. Vol. 37-19. July 7, 1898-674. Vol. 34-531. Sept. 19, 1898-1783. Vol. 31-58. Feb. 27, 1899-892. Vol. 29-632. Vol. 30-278. Vol. 33-196. Feb. 28, 1899-908. Vol. 28-386. Mar. 1, 1899-918. Vol. 29-569. Vol. 30-600. Mar. 1, 1899-966. Vol. 28-274. Vol. 36-171. Mar. 2, 1899-990. Vol. 28-557. Vol. 29-338. Vol. 30-545-599. Vol. 31-39-119. Vol. 32-187. Sec. 5, Vol. 38-415. Vol. 39-45-175. Mar. 2, 1899-993. Vol. 28-492. Vol. 30-146-279. Vol. 31-196-198-397. Sec. 3, Vol. 31-29. Sec. 4, Vol. 31-58. Sec. 3, Vol. 32-28. Sec. 4, Vol. 32-28. Sec. 3, Vol. 33-320-622-633. Sec. 4, Vol. 33- 504-637. Sec. 3, Vol. 23-89-148-151-661. Sec. 3, Vol. 35- 59. Vol. 36-298. Sec. 3, Vol. 37-37-68-70-74-135-193-502. Vol. 39-371-584. Vol. 40-64-441. Mar. 3, 1899-1097. Vol. 28-292. Mar. 3, 1899-1102. Vol. 28-404. Vol. 29-598. Mar 3, 1899-1095. Vol. 29-190-192. Vol. 35-265-280. Mar. 3, 1899-1214. Vol. 29-257. Vol. 32-982. Mar. 3, 1899-1098. Vol. 30-369. Vol. 33-164. Mar. 3, 1899-1253. Vol. 30-419. Mar. 3, 1899-1368. Vol. 30-600. Vol. 32.-509. 67 Date of Act. Page. Vol. L. D. Page L. D. Page this book. Mar. 3, 1899-1074. Vol. 32-159-445-455-522. Vol. 33-164. Mar. 3, 1899-1074. Vol. 35-265-280. Vol. 35-97. Vol. 37-199. Mar. 3, 1899-1099. Vol. 35-97. Vol. 37-199. Mar. 3, 1899-1233. Vol. 37-788. Mar. 3, 1899-1364. Vol. 40-10. Mar. 31, 1899-1121. Sec. 9, Vol. 31-44. STATUTE NO. 31. Mar. 2, 1899-939. Vol. 34-53. Apr. 13, 1899-947. Vol. 32-120. Vol. 39-463. Mar. 28, 1900- 52. Vol. 30-91-468. Vol. 31-194. Apr. 4, 1900- 59. Vol. 30-41. Apr. 7, 1900-962. Vol. 31-176-253. Vol. 32-41. Vol. 33-589. Apr. 17, 1900-134. Vol. 34-620. Apr. 30, 1900-141. Sec. 73, Vol. 30-195-296. Sec. 55, Vol. 31-249. Sec. 73, Vol. 31-241-282. Vol. 37-19. May 17, 1900-179. Vol. 30-50-78-82-196-268-541. Vol. 31-73-107-163-250-358. Vol. 32-505. Vol. 33-382-628-632. Vol. 34-250. Vol. 35- 167-533. Vol. 36-365. Vol. 37-283 346 May 19, 1900-180. Vol. 30-394. Vol. 34-347. Vol. 35-119. May 31, 1900-221. Sec. 7, Vol. 30-461. May 31, 1900-247. Vol. 30-461. June 5, 1900-267. Vol. 30-374. Sec. 2, Vol. 31-46-50-445. Sec. 3, Vol. 31-25. Sec. 2, Vol. 32-136-243-506-562-587-630. Sec. 2, Vol. 33- 9-448-658. Sec. 2, Vol. 34-8-436-638-647. Sec. 3, Vol. 34- 114. Vol. 35-76-170-209-431-591. Sec. 3, Vol. 35-302. Sec. 2, Vol. 36-332-291-426-515. Sec. 3, Vol. 36-222. Vol. 37- 62-151. Sec. 2, Vol. 37-549. Sec. 2, Vol. 38-364-592. Sec. 2, Vol. 39-99-251 347 June 6, 1900-321. Vol. 30-142. Sec. 13 to 16, vol. 32-91-428. Sec. 26, Vol. 32- 131. Sec. 27, Vol. 32-446. Sec. 31, Vol. 32-161. Sec. 31, Vol. 33-166-180. Chap. 63, Vol. 34-71. Vol. 37-266. Sec. 15, Vol. 37-748. Sec. 36, Vol. 37-250-749. Vol. 40-427- 537 195 June 6, 1900-330. Sec. 27, Vol. 30-419 195 June 6, 1900-588. Vol. 31-176-185-187-221-227-289-372-396. Vol. 32-29. Vol. 33-361-558-593. Vol. 34-89-116-297. Vol. 35-266. Vol.36- 496. Vol. 37-72-139-671. June 6, 1900-614. Vol. 30-551-584. Vol. 31-176-185-187-221-227-289-372. Vol. 33-361-558-593. Vol. 35-266. Vol. 36-496. June 6, 1900-661. Vol. 30-378. June 6, 1900-683. Vol. 30-157-313-526. Vol. 32-281. Vol. 34-314. Vol. 38-143- 39-363 347 June 6, 1900-672. Vol. 31-1-147-46-84-145-154-366-362-445. Vol. 32-96-191-503- 526-588. Vol. 33-81-125-447. Vol. 34-54-163. Vol. 35- 328-624-349. Vol. 36-150-154. Vol. 36-173. Vol. 37-191- 260-749. June 6, 1900-679. Vol. 31-362-445. Vol. 35-349. June 6, 1900-658. Vol. 33-114. Vol. 35-673. Vol. 38-86-289. June 6, 1900-676. Vol. 33-125-447. Vol. 34-54-163. Vol. 35-238-624. Vol. 36-150-164. Vol. 37-191. June 6, 1900-436. Vol. 34-71. June 6, 1900-683. Vol. 35-426. Vol. 39-364. Oct. 10, 1900- 81. Vol. 35-107. June 6, 1900-680. Vol. 36-173. Vol. 37-260-749 197 Jan. 4, 1901-727. Vol. 31-3-126. Jan. 14, 1901-229. Vol. 32-11-287. Jan. 26, 1901-740. Vol. 30-540. Vol. 31-73-106-250. Vol. 33-628-632. Vol. 36- 365 346 Jan. 31, 1901-745. Vol. 31-390-131. Vol. 33-122. Vol. 35-7-150-427-511-655. Vol. 37-750-813. Feb. 15, 1901-790. Vol. 30-588. Vol. 31-13. Vol. 32-144-452-462-597. Vol. 33- 389-415-451-564. Vol. 34-228-693. Vol. 35-155-465-637. Vol. 36-409-579. Vol. 37-78-80. Vol. 38-306-340. Vol. 39-416. Vol. 40-31-381 90-111-115 Feb. 18, 1901-794. Vol. 31-40. Mar. 1, 1901-861. Vol. 31-42. Vol. 38-415. 68 Date of Act. Page. Mar. 1, 1901-847. Vol. L. D. Page L. D. Page this book. Vol. 30-623. Vol. 31-5-108. Sec. 2304 and 2305, R. S., Vol. 32-407-624. Vol. 33-4-278. Vol. 34-2-393-633-641. Vol. 35-685-687. Vol. 36-53-55-296. Vol. 37-693. Vol. 39- 291 Vol. 30-620. Vol. 35-450. Vol. 30-588. Sec. 3, Vol. 31-16. Sec. 3, Vol. 34-289-679. Vol. 39-648. Sec. 3, Vol. 36-583-136. Vol. 30-588. Vol. 36-583. Vol. 30-601. Vol. 30-542. Vol. 30-540. Vol. 31-372. Vol. 33-558-593. Vol. 37-72. Vol. 31-3-84-107-126-157. Vol. 32-96-405. Vol. 33-194. Vol. 34-165. Mar. 3, 1901-1133. Sec. 3, Vol. 31-229. Sec. 3, Vol. 33-374. Vol. 35-266. Vol. 35-477. Sec. 3, Vol. 37-626-682 253 Mar. 3, 1901-1188. Vol. 33-374. Vol. 35-477. Mar. 3, 1901-1084. Vol. 35-648. Vol. 36-136. Mar. 3, 1901-1158. Vol. 30-266. Mar. 3, 1901-1436. Vol. 36-73. Mar. Mar. Mar. Mar. Mar. Mar. Mar. Mar. 2, 3, 3, 3, 3, 3, 8, 3, 1901-950. 1901-1058. 1901-1083. 1901-1085. 1901-1435. 1901-1439. 1901-1037. 1901-1093. July 4, 1901-975. Feb. 28, 1902- 43. Mar. 11, 1902- 63. Apr. 15, 1902-106. Apr. 28, 1902-172. May 3, 1902-188. May 22, 1902-203. May 22, 1902-203. May 27, 1902-245. May May May May May May June June 27, 1902-263. 27, 1902-275. 27, 1902-261. 27, 1902-266. 27, 1902-742. 31, 1902-283. 13, 1902-384. 17, 1902-388. June 17, 1902-388. June 19, 1902-744. June 27, 1902-400. June 28, 1902-419. June 28, 1902-453. June 30, 1902-500. July 1, 1902-657. July 1, 1902-730. July 1, 1902-733. STATUTE NO. 32. Vol. 32-404. Vol. 37-360. Sec. 13, Vol. 32-355. Vol. 34-504. Sec. 16, Vol. 38-415. Vol. 31-274-286-366. Vol. 32-503-539-541. Vol. 33-222-654. Vol. 34-682. Vol. 35-271. Vol. 36-151. Vol. 38-98-358. 155, 210 to 247 Vol. 31-331. Vol. 33-369. Vol. 34-658. Vol. 31-348. Vol. 34-356. Vol. 31-358. Sec. 2, Vol. 32-136-281-505-630. Vol. 33-9. Vol. 34-8-639-647. Vol. 35-170-591. Vol. 36-291. Vol. 37-62. Sec. 2, Vol. 37-549. Sec. 2, Vol. 38-364-592. Sec. 2, Vol. 39-99-251 198 Vol. 32-520 198 Vol. 32-367-657-662. Vol. 33-611. Vol. 35-383. Vol. 36-191. Vol. 38-101-120. Vol. 39-172. Vol. 40-179-183. Vol. 34-1- 176-306-418-125. Vol. 35-383. Vol. 37-750 398 Vol. 36-191. Vol. 38-425. Vol. 40-179. Vol. 38-101-120. Vol. 39-172. Vol. 39-172. Vol. 40-392. Vol. 21-388. Vol. 39-464. Sec. 3 and 4, Vol. 31-420-423. Vol. 32-237-254-257-278-287- 396-417-459-473-496-537-560-597-604-633-647. Vol. 33-38-105- 158-183-191-196-257-291-350-360-381-391-415-521-525-538-564- 607. Vol. 34-17-29-66-156-159-186-312-347-352-445-454-482- 544-550-560-567-633-653. Vol. 35-57-112-216-222-250-273-650- 684. Vol. 36-131-135-138-256-332-449-540. Vol. 37-6-27-152- 323-362-365-429-448-468-581-698-719. Sec. 5, Vol. 37-11-13- 46-429. Vol. 38-146-156-233-349-374-589-620. Sec. 30, Vol.38- 513-627. Sec. 5, Vol. 38-194-229-345-604. Vol. 39-2-48-197- 203-297-432-502-526-528-531-532-536-537-572. Vol. 40-51-60- 132-138-234-315-327-336-381-400-418-422-437 471, 506 Vol. 40-458-474-482-489-492-497-504-507-508-511-515.. 471, 506 Vol. 39-172. Vol. 32-320-559-641. Vol. 34-709-735. Vol. 35-482-532. Vol. 36-324. Vol. 37-61. Vol. 38-572. Vol. 39-219. Vol. 35-266. Vol. 35-266. See. 10, Vol. 32-306. Vol. 31-381. Vol. 31-392. Vol. 33-120-354-472-516. Vol. 34-627. Vol. 38- 39-143. Vol. 31-425. Date of Act. Page. Vol. L. D. Page L. D. Paep thin honu July 1, 1902-641. Vol. 32-354. Vol. 38-415. July 1, 1902-716. Vol. 38-415. July 1, 1902-728. Vol. 39-472. Vol. 40-503. July 4, 1902-2014. Vol. 35-626. Vol. 36-296. Jan. 31, 1903-790. Vol. 32-132. Vol. 35-58. Vol. 34-400. Vol. 39-601-871 Jan. 9, 1903-765. Vol. 33-593. Feb. 7, 1903-2035. Vol. 33-382. Feb. 9, 1903-820. Vol. 32-320. Vol. 34-98-621-709. Vol. 35-482-532 Vol 37- 61-210 to 247. Feb. 9, 1903- 88. Vol. 38-98-120-591. Feb. 11, 1903-822. Vol. 34-369. Feb. 12, 1903-825. Vol. 32-367. Vol. 37-751 398-458 Mar. 3, 1903-982. Vol. 32-367. Vol. 34-1-307-648-651. Vol. 35-385 Mar. 3, 1903-1028. Vol. 32-90-424. Vol. 36-226-433. Vol. 39-514-598 Vol 40- 537. Mar. 3, 1903-1222. Vol. 32-89. Sec. 39-Vol. 35-116. Mar. 3,1903-998. Vol. 34-1-307-647-651. Vol. 35-385. Vol. 37-751.. 399 Mar. 3, 1903-1083. Vol. 35-266. Mar. 3, 1903-1115. Vol. 35-266. Jan. 19, 1904-424. Vol. 40-537. Apr. 19, 1904-184. Vol. 38-272. STATUTE No. 33. May 29, 1903-2307. Vol. 33-284-357-511. June 9, 1903-2311. Vol. 35-432. Dec. 22, 1903-2327. Vol. 37-237. Feb. 20, 1904- 46. Vol. 32-600. Vol. 35-67-482. Vol. 38-547. Vol. 39-456-540 Mar. 4, 1904- 59. Vol. 32-539-555-640. Vol. 33-222. Vol. 34-540-682. Vol 35- 271. Vol. 36-46-282. Vol. 37-236-300-315. Vol. 38-189- 358 286 Mar. 9, 1904- 64. Vol. 32-541. Vol. 33-286. Mar. 22, 1904-144. Vol. 32-555. Vol. 33-629-633. Mar. 25, 1904-151. Vol. 35-446. Mar. 30, 1904- 40. Vol. 33-382. Mar. 30, 1904-153. Vol. 33-80. Vol. 36-162. Mar. 30, 1904-154. Vol. 32-656. Sec. 2, Vol. 33-382. Apr. 19, 1904-184. Vol. 32-620. Vol. 34-389. Vol. 39-307. Apr. 19, 1904-186. Vol. 32-635. Apr. 21, 1904-189. Vol. 34-1-307-666. Vol. 35-608-385. Vol. 35-385-83-453. Vol. 39-508. Apr. 23, 1904-254. Vol. 32-622-628. Vol. 33-255. Vol. 37-444. Vol. 38-214. Apr. 23, 1904-297. Vol. 32-662. Vol. 33-221-310. Vol. 34-253. Vol. 35-81. Vol. 36-144-243-247-290. Vol. 38-556. Vol. 39-435. Apr. 23, 1904-298. Vol. 32-620. Apr. 23, 1904-306. Vol. 33-27. Apr. 23, 1904-302. Vol. 37-698-752. Vol. 38-341 400 Apr. 21, 1904-194. Vol. 35-608. Vol. 36-453. Apr. 21, 1904-207. Vol. 35-385. Apr. 21, 1904-211. Vol. 35-83. Vol. 37-537. Vol. 38-141 159 Apr. 27, 1904-322. Vol. 39-435. Apr. 27, 1904-360. Sec. 5, Vol. 38-101-121. Apr. 27, 1904-324. Vol. 35-646-647. Apr. 27, 1904-352. Vol. 34-632-638. Vol. 35-56-684-686. Sec. 5, Vol. 37-763.. 400 Apr. 27, 1904-319. Vol. 33-1-8-263. Vol. 35-646-647. Apr. 28, 1904-527. Vol. 32-602-603-630-639. Vol. 33-9-449-659. Vol. 34-8-61- 114-436-639-647-701. Vol. 35-76-135-209-233-275-302-375- 394-431-447-500-579-590 347-360 Apr. 28, 1904-547. Vol. 32-670. Vol. 30-386. Vol. 34-61-87-135-274-436-467-507- 528-546-573-690. Sec. 1, Vol. 35-102-211-234-281-325. Sec. 2, Vol. 35-57-102-207-213-256-273-314-324-353-406-430- 542-560-585-613. Sec. 3, Vol. 35-102-207-209-214-255-256- 276-316-325-345-351-373. Sec. 2, Vol. 36-3-45-507. Vol. 37- 172-177-197. Sec. 2, Vol. 37-225. Sec. 3, Vol. 39-1. Sec. 2, Vol. 39-17-18-37. Vol. 40-94-370-400-421. Apr. 28, 1904-567. Vol. 32-636. Vol. 33-586. Apr. 28, 1904-452. Vol. 33-131. Vol. 34-517. Vol. 35-266, 70 Date of Act. Page. Vol. L. D. Page L. D. Page this book. Apr. 28, 1904-485. Vol. 33-131. Apr. 28, 1904-525. Vol. 33-114. Vol. 35-673. Vol. 36-548. Vol. 38-133. Sec. 1, Vol. 38-86. Sec. 20, Vol. 38-87-141. Sec. 3, Vol. 38-87 Vol. 39-332-337. Vol. 40-537 152-179-185 Apr. 28, 1904-539. Vol. 33-298. Vol. 35-143. Vol. 36-210-236. Apr. 28, 1904-545. Vol. 33-98. Vol. 34-683. Apr. 28, 1904-556. Vol. 33-156. Vol. 39-135. Apr. 28, 1904-591. Vol. 33-397. Apr. 28, 1904-483. Vol. 35-266. Apr. 28, 1904-527. Sec. 1, Vol. 36-66-154-181-224-364-452-515-520. Sec. 2, Vol. 36-46-403-449. Vol. 37-62-121-151-169-189-332-508-660. Vol. 38-233-395-407-592-530. Sec. 2 and 3. June 2, 1904-368. Vol. 35-646. Vol. 39-435. Dec. 21, 1904-595. Vol. 33-579-671-673. Vol. 34-14. Vol. 36-371. Sec. 3, Vol. 37-753 375 to 435, 401 Feb. 1, 1905-628. Sec. 4, Vol. 33-451. Sec. 1, Vol. 34-20-229. Vol. 35-264-266. Sec. 1, Vol. 36-344-581. Sec. 4, Vol. 36-584. Vol. 37-8. Vol. 38-65-306. Vol. 39-416 109 Feb. 7, 1905-700. Vol. 33-408. Feb. 7, 1905-702. Vol. 34-15. Vol. 37-793. Vol. 38-548. Feb. 8, 1905-706. Vol. 34-248. Vol. 36-541. Vol. 38-623 471 Feb. 24, 1905-813. Vol. 33-489. Vol. 34-517. Vol. 35-7. Vol. 37-282. Vol. 38- 239-373-328 Mar. 3, 1905-990. Vol. 33-552. 'Sec. 4, Vol. 38-573. Mar. 3, 1905-1005. Vol. 33-551. Vol. 36-364. Vol. 38-592. Mar. 3, 1905-1048. Vol. 33-611-515. Vol. 34-419-709-7-176-307-550. Vol. 35-385. Vol. 36-191. Vol. 38-39-143. Mar. 3, 1905-1069. Vol. 33-611. Vol. 36-191. Vol. 38-100-120 210 to 247 Mar. 3, 1905-1072. Vol. 33-515. Vol. 38-39-143. Mar. 3, 1905-1264. Vol. 33-558-593. Vol. 34-459-565-578-604. Vol. 35-118. Vol. 38-400. Mar. 3, 1905-1016. Vol. 34-640-645. Vol. 35-386. Sec. 2, Vol. 37-753. Vol. 38- 536 401 Mar. 3, 1905-1032. Vol. 34-483. Vol. 38-624. Mar. 3, 1905-861. Vol. 35-266. Mar. 3, 1905-872. Vol. 35-266. Mar. 3. 1905-1021. Sec. 2, Vol. 35-101-120 210 to 247 Mar. 3, 1905-1073. Vol. 38-39-143. STATUTE NO. 34. June 12, 1905-3088. Vol. 37-2. May 29, 1905-3058. Vol. 38-220-225. June 12, 1905-3095. Vol. 37-2. July 27, 1905-3133. Vol. 36-348. July 27, 1905-3139. Vol. 36-343. Oct. 3, 1905-3178. Vol. 39-415. Mar 6, 1906- 53. Vol. 35-110. Mar. 20, 1906- 80. Vol. 35-239-220. Vol. 36-150. Sec. 3. Vol. 37-754. Sec. 3, Vol. 38-410. Mar. 22, 1906- 82. Sec. 11, Vol. 38-103-123. Mar. 27, 1906- 88. Vol. 36-109. Apr. 16, 1906-116. Vol. 36-50. Vol. 37-179. Vol. 38-104-123-624. Sec. 4, Vol. 39-593 210 to 247 Apr. 21, 1906-124. Vol. 36-52-54. Apr. 26, 1906-137. Sec. 14, Vol. 38-415. May 8, 1906-182. Vol. 36-211. Vol. 37-221. Vol. 40-180. Vol. 38-423-427-560 May 17, 1906-197.- Vol. 35-10-47-437. Vol. 36-99-157-177-267. Vol. 37-282-337- 416-606-615. Vol. 38-46-381-400-526-616. Vol. 39-230-318. Vol. 40-595. June 4, 1906-208. Vol. 36-303. June 5, 1906-213. Vol. 35-140-145-238-239-247-421-573. Vol. 36-1-150-174. Vol. 38-50. Vol. 39-468. Vol. 40-324. June 8, 1906-225. Vol. 36-394. June 9, 1906-229. Vol. 36-391. June 11, 1906-233. Vol. 35-200-263-432. Vol. 36-30-305. Vol. 37-355-470. Vol. 38-207-220-278-481-567. Vol. 39-92-386-411-414-463-605. Vol. 40-288-316 450 71 Date of Act. Page. June 12, 1906-259. June 16, 1906-267. June 21, 1906-325. June 21, June 21, June 21, June 21, June 21, June 21, June 21, June 21, June 21, June 26, June 27, 1906-326. 1906-352. 1906-337. 1906-353. 1906-335. 1906-334. 1906-337. 1906-354. 1906-377. 1906-482. 1906-517. June 27, 1906-520. June 27, 1906-519. June 27, June 29, June 29, June 29, June 29, June 30, June 30, June 30, June 30, June 30, Nov. 6, Jan. 8, Jan. 16, Jan. 17, Jan. 18, Feb. 2, Feb. 8, Feb. 18, Feb. 20, Feb. 25, Mar. 1, Mar. 1, 1906-550. 1906-596. 1906-606. 1906-622. 1906-611. 1906-669. 1906-683. 1906-697. 1906-801. 1906-808. 1906-3256, 1907-841. 1907-2953. 1907-849. 1907-1419. 1907-142. 1907-883. 1907-894. 1907-898. T907-934. 1907-1003. 1907-1052. Mar. Mar. Mar. Mar. Mar. Mar. Mar. Mar. Mar. Mar. 1, 1907-1048. 1, 1907-1056. 1, 1907-1057. 1, 1907-1015. 1, 1907-1018. 1, 1907-1024. 1, 1907-1025. 1, 1907-1039. 2, 1907-1243. 2, 1907-1230. Mar. 2, 1907-3309. Mar. 2, 1907-1224. Mar. 2, 1907-1245. Mar. Mar. Mar. Mar. 2, 1907-1248. 4, 1907-1408. 4, 1907-1256. 4, 1907-1271. Vol. L. D. Page L. D. Page this book. Vol. 38-625 472 Sec. 7, 8 and 9, Vol. 35-115-348. Sec. 12, Vol. 35-509. Sec. 8, Vol. 36-173-334. Vol. 35-67-428-532. Vol. 36-136-477-212. Vol. 37-698-754. Vol. 38-547. Vol. 39-44. Sec. 17, Vol. 39-516. .375 to 435 Vol. 38-547 375 to 435 Vol. 35-428-532. Vol. 36-477. Vol. 36-136 357 Vol. 36-212. Vol. 37-698-754. Vol. 40-445. Vol. 38-26. Vol. 38-104-123. Vol. 38-102-121. Sec. 17, Vol. 39-516. Vol. 40-596. Vol. 39-44. Vol. 38-208. Vol. 33-11-44-518-542-582-646-647. Vol. 36-216. Vol. 37-107- 229-454. Vol. 38-85-139-483-481. Vol. 39-10-22. Vol. 40- 105-353-373-494-541. Sec. 5, Vol. 35-340. Sec. 4, Vol. 38-105-123. Sec. 5, Vol. 38- 195-474-513. Vol. 40-387 287 Vol. 36-50-176. Vol. 37-179-721. Sec. 5, Vol. 37-322. Sec. 5, Vol. 39-268-381-520. Vol. 40-321. Vol. 38-625-644. Vol. 40-601 473 Vol. 35-139-239-398. Vol. 38-50. 35 Statutes 554-675. Sec. 27, Vol. 35-299-369. Vol. 37-86. Vol. 37-86. Vol. 35-546. Vol. 40-199. Vol. 38-39-143. Vol. 35-266. Vol. 35-266. Vol. 35-492. Vol. 35-464. Vol. 37-152. Vol. 35-60-85. Vol. 39-343. Vol. 35-382. Vol. 39-105. Vol. 35-397. Vol. 37-435-711. Vol. 39-9. Vol. 36-33. Vol. 37-359. Vol. 38-278-675. Vol. 35-451. Sec. 20 and 21, Vol. 38-419. Vol. 36-131. Vol. 35-482-532. Vol. 35-479-489. Vol. 38-106-125. Vol. 39-384. Vol. 40-74- 210 to 247 Vol. 40-6-11-100-211. Vol. 35-477. Vol. 39-464. Vol. 36-478. Vol. 37-626 253 Vol. 36-213-246-336-541. Vol. 38-425. Vol. 40-6-11-100-211. Vol. 36-136. Vol. 38-425. Vol. 36-541. Vol. 36-541. Vol. 38-122. Vol. 37-755. Vol. 37-122-124-278-394. Sec. 2 and 4, Vol. 38-98-120. Vol. 40-6-11-54 210 to 247 Vol. 39-445. Vol. 35-542-582-614. Vol. 36-3-110-216. Vol. 37-227. Vol. 38-484. Vol. 39-10-20. Vol. 40-363-371 360 to 364 Vol. 35-568. Vol. 36-265. Vol. 37-340-354. Sec. 4, Vol. 39- 330. Vol. 40-510. Vol. 35-492. Vol. 35-502. Vol. 37-282. Vol. 38-237-242. Vol. 40-591-593, Vol. 36-314. Vol. 36-314, 72 Date of Act. Paste. Vol. L. D. Page L. D. June 4, 1907-1357. Vol. 39-106. June 23, 1907-2149. Vol. 40-534. Page this book. Mar. 11, 1908- 41. Mar. 13, 1908- 42. Mar. 26, 1908- 48. Mar. 28, 1908- 51. Mar. 28, 1908- 52. Apr. 30, 1908- 77. May 20, 1908-169. May 23, 1908-268. STATUTE NO. 35. Mar. 16, 1907-2120. Vol. 39-415. Apr. 11, 1907-502. Vol. 40-591-592. Apr. 12, 1907-675. Vol. 40-377. Apr. 12, 1907-676. Vol. 40-377. Apr. 24, 1907-682. Vol. 40-112. May 27, 1907-2139. Vol. 39-279. June 8, 1907-2143. Vol. 39-435. Feb. 8, 1908- 6. Vol. 36-291-451-472-474. Vol. 37-62-383-506-600. Vol. 38- 336-396-407-458-462-507-592. Vol. 39-219-466. Vol. 36-310. Vol. 37-555. Vol. 38-50. Vol. 37-76. Vol. 36-388-472. Vol. 37-312. Sec. 1, Vol. 37-210-235-339- 353. Sec. 2, Vol. 37-687-692-215. Vol. 38-440-566. Sec. 2, Vol. 38-231-270-320. Vol. 39-146-192-573. Sec. 1, Vol. 39- 153-497. Sec. 2, Vol. 39-91. Vol. 40-96-107-132 287 Vol. 37-33. Sec. 3, Vol. 37-333. Sec. 3, Vol. 38-189-216. Vol. 39-477- 558. Vol. 40-389. Vol. 40-595 288 Vol. 38-104-123 210 to 247 Vol. 36-477. Vol. 37-62. Sec. 8, Vol. 592. Vol. 39-541. Vol. 40-438. Vol. 37-491. See. 3, Vol. 37-665. Sec. 4, Vol. 37-61-492. Vol.. 38-443-44-572-596. Vol. 39-219. May 23, 1908-251. Vol. 38-342. May 23, 1908-269. Vol. 38-342. Vol.40-68-184-446. May 27, 1908-317. Vol. 36-473. Vol. 37-627. Vol. 39-602 254 May 27, 1908-377. Vol. 36-473. May 27, 1908-347. Vol. 37-627 263 to 266 May 28, 1908-424. Vol. 37-20. Vol. 38-88. Vol. 39-329. May 29, 1908-465. Sec. 6, Vol. 36-504. Sec. 8, Vol. 36-506. Sec. 9 and 10, Vol. 36-504-514. Sec. 12, Vol. 36-501. Sec. 14, Vol. 36-481. Sec. 7, Vol. 37-225. Sec. 9, Vol. 37-167-436. Sec. 11, Vol. 37-755. Sec. 12, Vol. 37-23-67-285-287-534-617. Sec. 6, Vol. 38-272-460. Sec. 6, Vol. 39-222-304. Sec. 7, Vol. 39- 17-18. Sec. 9, Vol. 39-75. Vol. 40-369 403 May 29, 1908-458. Vol. 37-698. Vol. 38-496. Vol. 39-172. May 29, 1908-444. Sec. 1, Vol. 38-424-428-560. Sec. 17, Vol. 40-6-11-180-214. May 29, 1908-459. Sec. 4, Vol. 38-103-123. May 29, 1908-460. Vol. 38-158-455. May 29, 1908-461. Sec. 2 to 15,tVol. 38-100-120 210 to 247 May 29, 1908-457. Sec. 24, Vol. 39-469. May 29, 1908-456. Vol. 40-324. May 30, 1908-554. Vol. 37-359. Vol. 38-278. May 30, 1908-563. Sec. 14, Vol. 38-122. Aug. 24, 1908. Vol. 37-279. Feb. 6, 1909-597. Vol. 37-535. Feb. 16, 1909-226. Vol. 39-599. Feb. 18, 1909-636. Vol. 37-517. Vol. 38-50. Feb. 18, 1909-638. Vol. 37-627. Feb. 19, 1909-639.- Vol. 37-546-697-707. Vol. 38-361-498-570. Sec. 3, Vol 38- 577. Sec. 6, Vol. 38-584-586. Vol. 39-97-240-292-605. Sec. 1, Vol. 39-248. Sec. 3, Vol. 39-34-37-164-181-206-346. Sec. 6, Vol. 39-167-251-386 200 Feb. 20, 1909-641. Vol. 37-575. Feb. 24, 1909-644. Vol. 37-627. Feb. 24, 1909-645. Vol. 37-655-766. Vol. 38-170-469. Vol. 40-435-572. Feb. 25, 1909-650. Vol. 37-756. Feb. 26, 1909-655. Vol. 37-536. Mar. 2, 1909-684. Vol. 38-330. Mar. 3, 1909-780. Vol. 37-580. Mar. 3, 1909-781. Vol. 38-342-41-42-44. Vol. 40-196. Mar. 3, 1909-796. Vol. 38-342. 73 Date of Act. Page. Vol. L. D. Page L. D. Page this book. Mar. 3, 1909-844. Vol. 37-528. Vol. 38-182-183-246-588-537-576. Vol. 39-7C. -ir,!>- 180-338-497-545-563. Vol. 40-26-28-35-98-419. Vol. 40-591- 288 Mar. 3, 1909-784. Vol. 38-41-42-44. Mar. 3, 1909-571. Vol. 40-211. Mar. 4, 1909-1088. Sec. 91, Vol. 37-495. Mar. 4, 1909-1039. Vol. 38-343. Mar. 4, 1909-1051. Vol. 38-343. 35 Stat., 1243, page 600. 35 Stat., 467, page 601. STATUTE NO. 36. Feb. 1, 1905-628. Vol. 40-426. Mar. 15, 1910-237. Vol. 39-369. Mar. 23, 1910-241. Vol. 39-184. Apr. 4, 1910-269. Vol. 39-527. May 11, 1910-354. Vol. 39-67. May 13, 1910-312. Vol. 39-334. May 27, 1910-440. Vol. 40-164. May 30, 1910-448. Vol. 40-164-391. June 1, 1910. Vol. 40-455-151-160. June 7, 1910-459. Vol. 39-316-49. June 11, 1910-465. Vol. 39-205-421 474 June 15, 1910-331. Vol. 39-111. Feb. 18, 1911-917. Vol. 40-406 478 June 17, 1910-531. Vol. 39-96-249-252-292-387. Vol. 40-184 73-351 June 22, 1910-583. Vol. 39-76-156-179-240-255-339-463-465-473-494-545-604. Vol. 40-419-440-426-25-27-34-77. Vol. 40-593-486 167 June 23, 1910-592. Vol. 39-204-298-421-505 474, 505 36 Stat., 647 681 June 25, 1910-739. Vol. 39-113-116. June 25, 1910-703. Vol. 39-553. June 25, 1910-741. Vol. 39-203-421-432. June 25, 1910-846. Vol. 39-140. June 25, 1910-847. Vol. 39-88-156-158-139-544-563-604. Vol. 40-27-34-235-305-321- 394-409-410-415-462-449-568 683 June 25, 1910-864. Vol. 39-203-278-421. Vol. 40-292 476 June 25, 1910-867. Vol. 39-268. June 25, 1910-885. Vol. 39-306. June 25, 1910-834. Vol. 40-834 707 36 Stat., 902 478 Feb. 13, 1911-902. Vol. 40-327-423-483 477 36 Stat., 917 708 Feb. 21, 1911-925 479 STATUTE NO. 37. Aug. 19, 1911- 23. Vol. 40-510. STATUTE NO. 38. May 31, 1910-620. Vol. 40-317. June 25, 1910-861. Vol. 40-324. June 25, 1910-836, Vol. 40-406. June 25, 1910-855. Vol. 40-196-121-179-181-214. Feb. 13. 1911-903. Vol. 40-547. Vol. 40-590. Feb. 28, 1911-900. Vol. 40-428. Mar. 2, 1911-1015. Vol. 40-129 459 Mar. 3, 1911-1073. Vol. 40-391. Mar. 4, 1911-1356. Vol. 40-393. PUBLIC. Jan. 27, 1906- 7. Vol. 34-452. Mar. 15, 1906- 46. Vol. 34-700. Apr. 17, 1906-106. Vol. 34-630. Apr. 26, 1906-109. Sec. 12, Vol. 34-580. May 8, 1906-149. Vol. 34-705. Jan. 28, 1910- 23. Vol. 38-451. 74 Date of Act. Pago. Vol. L. D. Page L. D. Page this book. Mar. 15, 1910- 87. Vol. 38-580. Mar. 26, 1910-108. Sec. 1, Vol. 38-547. Sec. 2, Vol. 38-544. Sec. 3, Vol. 38-545. Apr. 12, 1910-129. Vol. 38-597. Feb. 3, 1911-340. Vol. 39-524. Feb. 13, 1911-353. Vol. 39-529-538-606-613-614. Feb. 13, 1911-357. Vol. 39-506. Feb. 16, 1911-3S2. Vol. 39-540. Mar. 3, 1911-454. Sec. 21, Vol. 39-612. Mar. 3, 1^11-462. Vol. 39-564. Mar. 3, 1911-469. Vol. 39-618. Sec. 2, Vol. 39-612. Mar. 4, 1911-501. Vol. 39-556. ACTS OF CONGRESS NOT INCLUDED IN THE FOREGOING TABLE. Aet June 3, 1878, Sec. 3, 20 Stat., 89, page 565. Act May 25, 1911 (Public No. 28), page 412. Act March 10, 1909 (Public No. 45), page 891. Act March 26, 1908 (Public No. 65), page 893. Act March 15, 1910 (Public No. 87), page 263. Act May 28, 1908 (Public No. 151), page 187. Act June 17, 1910 (Public No. 214), pages 196 to 210. Act Feb. 24, 1911 (Public No. 413), page 76. Act March 3, 1911 (Public 462), page 553. Act March 4, 1911 (Public 478), page 111. Act March 4, 1911 (Public 525), page 265. Act Feb. 3, 1911, Second Homestead and Desert Entries, page 320. Act June 25, 1910, Assignment Desert Entries California, page 446. Act June 6, 1912, Three Year Homestead Law, pages 303 to 311. Sessions Laws 1908-1909. Railroad Grants, pages 647, 892. Enlarged Homestead Idaho, page 206. DEPARTMENT OF THE INTERIOR, General Land Office. Washington, D. C., September 14, 1907. ORDER. All cases pending in this Office will be acted upon in the regular order except when the contrary course is required by a proper regard for the public interest, or is deemed necessary to avoid extreme hardship in individual cases, and only in the latter event upon a showing, by affidavit of the individual or qualified officer of the corporate entryman, that the emergency which it is alleged requires special action is not such as could have been reasonably anticipated, and no cases will be made special except upon order of the Commissioner. All orders in conflict or inconsistent with the terms of this order are hereby revoked. Very respectfully, R. A. Ballinger, Commissioner. RULE OF APPROXIMATION. "The rule is that where the difference between the excess and the deficiency that would be produced by approximation is but slight, the entry may be allowed to stand as made. (Vernon B. Matthews, 8 L. D., 79.) Also the rule of approximation will not be enforced where it operates to deprive the entryman of his im- provements, and the difference between the excess and the de- ficiency is but slight." (Davis v. N. Pacific, 27 L. D., 78.) 75 Dickie v. Kennedy, 27, L. D., p. 308 ; 176.18 acres allowed. The rule followed in the above case is to calculate the excess and the deficiency, and where the excess does not exceed the deficiency the rule obtains. It will also obtain where the difference is slight. It will obtain in cases where the applicant has valuable improvements of the land and a relinquishmcnt or enforcement of the rule would operate to deprive him of his improvements. The following cases demonstrate the application of the rule : As entry was made before survey, and valuable improvements placed on each subdivision, an exception is made to the present rule enforcing an entry to approximate one hundred and sixty acres, as its enforcement herein would work irreparable injury to the entryman, who purchased under the former practice of the Department. Joseph H. McComb, 5 L. D., 295; 187.24 acres allowed. In view of the fact that settlement, with valuable improvements, was made long prior to survey, and that the entry, which was allowed, covers land so situated that the relinquishment of a portion thereof would be without value to the Government, and of the small amount involved, an exception is made to the rule of approximation. Alexander Bouret, 5 L. D., 298; 176.50 acres allowed. Initiation of claim prior to Government survey, extent of cultivable land falling within the lines of the claim as finally surveyed, and valuable improve- ments on each subdivision considered sufficient reasons for waiving the require- ment of approximation. Lafayette Council, 5 L. D., 631; 185.90 acres allowed. The entry of a surveyed quarter section as such is authorized by the pre- emption and homestead laws, and the limit of acreage applied only when entry is made of parts of quarter sections. William C. Elson, 6 L. D., 797; 183.70 acres allowed. Where the difference between the excess and the deficiency that would be produced by approximation is but slight, the entry may be allowed to stand as made. Vernon B. Matthews, 8 L. D., 79; 180.27 acres allowed. A homestead entry for parts of different quarter sections should approxi- mate one hundred and sixty acres, but exceptions to this rule are recognized when valuable improvements would be disturbed, or other like injury follow the relinquishment of a subdivision. Frank Aldrich, 10 L. D., 587; 176.70 acres allowed. An additional entry of a contiguous subdivision under Section 5, Act of March 2, 1889, is not defeated by excessive acreage, if the amount covered by both entries approximates one hundred and sixty acres as nearly as may be without abandoning the improvements or destroying the contiguity of the tracts entered. Abram A. Still, 13 L. D., 610; 182.04 acres allowed. The rule of approximation will not be enforced where it operates to deprive the entryman of his improvements, and the difference between the excess and the deficiency is but slight. Joseph C. Herriek, 14 L. D., 222; 180.45 acres allowed. Dickie v. Kennedy, 27 L. D., 305; 176.18 acres allowed. The occupancy of a tract in connection with settlement and residence upon adjoining land operates to exclude such tract from indemnity selection. The rule of approximation will not be enforced when it will deprive the the entryman of his improvements, and the difference between the excess and the deficiency is but slight. Davis v. Northern Pacific B. E. Co., 27 L. D., 78; 171 acres allowed. See also 33 L. D., 606; 37 L. D., 330. ALIEN. An alien is a foreigner, or one who owes his allegiance to some other government. Some aliens cannot make entry of public lands 76 because they cannot become citizens of the United States. Notably the Chinese and Japanese. No rights can attach to lands claimed by aliens before filing his declaration to become a citizen of the United States. Settlement rights cannot be acquired, but where there is no adverse claim after survey, and the claimant makes declaration to become a citizen his right will relate back to date of settlement. Consult title "Homestead," giving qualifications. Under Sec. 2291 of the Revised Statutes, as amended by the act of June 6, 1812, the claimant must bear true allegiance to the Gov- ernment of the United States. Commutation proof cannot be made upon a declaration to become a citizen. The claimant must be a full citizen when final proof is submitted. Where the wife makes entry, either as the deserted wife, feme sole or as the widow of the husband who is a foreign born, evidence of his citizenship will need be shown. Widow and Minor Children of Alien Entryman, Who Becomes Insane Before Final Naturalization, May Be Naturalized Without Making Declaration of Intention. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That when any alien, who has declared his intention to become a citizen of the United States, becomes insane before he is actually naturalized, and his wife shall thereafter make a home- stead entry under the land laws of the United States, she and their minor children may, by complying with the other provisions of the naturalization laws be naturalized without making any declaration of intention. (Public JS T o. 413, Approved, February 24, 1911.) [CIECULAK.] Instructions Relative to Final Orders and Certificates of Naturalization Issued Since March 3, 1903, Not in Keeping With Section 39 of the Act of That Date. Department of the Interior, General Land Office, Washington, D. C., August 11, 1906. Registers and Receivers, United States Land Offices. Sirs: Your attention is called to Section 39, Act March 3, 1903 (32 Stat., 1222), which declares that all final orders and certificates of naturalization thereafter issued or made by courts or tribunals granting naturalization shall be null and void if they do not show on their faces specifically that there has been made and filed of record in such court or tribunal an affidavit executed by the applicant for naturalization reciting and affirming the truth of every material fact requisite to his naturalization; and you are directed to reject all such orders or certificates, or copies thereof, as have not been made in conformity with th&t statute when presented by persons who claim to have been naturalized since the date of that act. Very respectfully, G. F. Pollock, Acting Commissioner. Approved August 11, 1906, Thos. Ryan, Acting Secretary. AMENDMENT. Instructions as to Amendments Under Section 2372, Revised Statutes, as Amended by Act of February 24, 1909. Public No. 258. Department of the Interior, General Land Office. Washington, D. C., April 22, 1909. Registers and Receivers, United States Land Offices. Gentlemen : By act of February 24, 1909, section 2372, United States Revised Statutes, is amended to read as follows : 77 Sec. 2372. In aJl cases -where an entry, selection, or location has been or shall hereafter be made of a tract of land not intended to be entered, the entryman, selector, or locator, or, in case of his death, his legal representatives, or, when the claim is by law transferable, his or their transferees, may, in any case coming within the provisions of this section, file his or their affidavit, with such additional evidence as can be procured showing the mistake as to the numbers of the tract intended to be entered and that every reasonable precau- tion and exertion was used to avoid the error, with the register and receiver of the land district in which such tflact of land is situate, who should transmit the evidence submitted to them, in each case, together with their written opinion both as to the existence of the mistake and the credibility of every person testifying thereto, to the Commissioner of the General Land Office, who, if he be entirely satisfied that the mistake has been made and that every rea- sonable precaution and exertion has been made to avoid it, is authorized to change the entry and transfer the payment from the tract erroneously entered to that intended to be entered, if the same has not been disposed of and is subject to entry, or if not subject to entry, then to any other tract liable to such entry, selection, or location; but the oath of the person interested shall in no case be deemed sufficient, in the absence of other corroborating testimony, to authorize such change of entry, nor shall anything herein contained affect the right of third persons. The following rules are given which are to govern in the con- sideration of applications to amend entries, selections, or locations : 1. Applications for amendment must be filed in the local land office of the United States having jurisdiction over the land sought to be entered, and should be substantially in accordance with the printed form herewith. This form may be used for the amendment of non-mineral entries where the applicant is either the original entryman, the assignee, or transferee, by making such modifications as the facts may justify. Each application must be verified by the oath of the applicant and corroborating witnesses, and must describe the land erroneously entered as well as that desired by way of amendment, by subdivision, section, township, and range ; and where the land originally intended to be entered has been disposed of the applicant must describe that land also and show why he can not obtain it. 2. The application must contain a full statement of all the facts and circumstances, showing how the mistake occurred and what precautions were taken prior to the filing of the erroneous entry, selection, or location, to avoid error in the description. The showing in this regard must be complete, because no amendment will be allowed unless it is made to appear that the proper precau- tion was taken to avoid error at the time of making the original entry, location, or selection; and where there has been undue delay in applying for amendment the application will be closely scruti- nized and will not be allowed unless the utmost good faith is shown and the delay explained to the entire satisfaction of the Commis- sioner of the General Land Office. 3. The application must also show that no timber or other thing of value has been taken from the land erroneously entered, located, or selected ; that the lp.nd sought by way of amendment is not occupied or claimed by any adverse claimant ; that it is of the character contemplated by the law under which the claim is pre- sented, and in cases of nonmineral claims the kind and quantity of timber on each legal subdivision applied for must be stated. 4. "Where the final certificate has been issued and the amend- ment is sought by the original claimant, it must be shown that the 78 land embraced in the erroneous entry, location, or selection has not been sold, assigned, relinquished, or in any way encumbered, and for this purpose the affidavit of the applicant, corroborated as hereinafter required, will be sufficient; but where final certificate has issued or where amendment is sought by a transferee, it must be shown by a certificate from the proper recording officer of the county in which the land is situated, or by satisfactory abstract of title, that the applicant is the owner of such land under the entry, locution, or selection, as the case may be, and it must also be shown that there are no liens, unpaid taxes, or other incumbrance charged against the land. Where patent has been issued reconveyance of the land embraced in the patent must be made by deed executed by the claimant and also by his wife, if he be married, in accord- ance with the laws governing the execution of deeds conveying real estate in the State in which the land is situated, which deed must be recorded in the proper county office and accompanied by a cer- tificate from the recording officer, or a satisfactory abstract showing the title to be clear and free from incumbrance. 5. The affidavit of the applicant must be corroborated by at least two witnesses who have been well acquainted with him for a sufficient length of time to enable them to testify as to the character and reputation of the applicant for truth and veracity. Also, at least one witness must make affidavit, showing that he has personal knowledge of the facts concerning the alleged mistake, what oppor- tunity he had for learning the facts, and setting out fully all per- tinent knowledge he has relative thereto. The witness who testifies as to the facts from his personal knowledge may be one of the witnesses testifying as to the truth and veracity of the applicant. 6. The affidavit of the applicant must be executed before the register or receiver of the land office where the application is made or before a United States Commissioner or commissioner of the court exercising federal jurisdiction in the territory or before the judge or clerk of any court of record in the county, parish, or land district in which the lands are situated, as required by the act of March 4, 1904 (33 Stat., 59). The corroborating affidavits may be made before any officer authorized to administer oaths and using a seal. 7. When an application to amend is filed in your office, you will make proper notations on your records and forward it to the Gen- eral Land Office with your monthly returns, with your recommenda- tion \vritten at the place indicated in the form, and thereafter you will make no disposition of the land applied for until instructed by the General Land Office. 8. When an application to amend is received in the General Land Office, together with proper report and recommendation from the register and receiver, it will be considered, and, if found satis- factory, the amendment will be allowed and proper correction made on the records, of which you will be duly advised, to the end that the necessary corrections may be made on the records of your office and the applicant properly notified. Where an application is denied, an appeal may be taken to the Department. 9. Where amendments are allowed of claims upon which final proof has been submitted and publication or posting of notice is required, republication of notice applicable to the class of entry for 79 which application to amend is made will be required; and if the land sought by way of amendment is the land originally intended to be entered, the witnesses who testified when the final proof waa made on the erroneous entry must make affidavit showing that the land described in the application for amendment is the same land to which they intended to refer in their testimony, formerly given. If, however, the same witnesses can not be secured, or if the land sought by Avay of amendment is not the land originally intended to be entered, new proof must be made. 10. The act in terms provides for amendment in all cases where an entry, selection, or location has been or shall hereafter be made of a tract of land not intended to be entered, and therefore, per- haps, if strictly construed, provides for amendment only in cases where there has been a mistake in description or numbers of the land originally intended to be entered. However, under the super- visory authority of the Secretary of the Interior, the Department will allow amendments of entries made under laws which require settlement, cultivation, or improvement of the land entered in cases where, through no fault of the entryman, the land is found to be so unsuitable for the purpose for which it was entered as to make the completion of the entry impracticable if not impossible. In such cases at least one legal subdivision, approximating 40 acres in area, of the land embraced in the original entry shall be retained, and the tracts included by way of amendment must be contiguous thereto. Furthermore, in such cases and as an assurance of good faith, the application to amend must be filed within one year from date of the original entry. Applications for such amendments may be made under the rules given above, and on the prescribed form in so far as the same are applicable. A supplemental affidavit should also be furnished, if necessary, to show the facts. 11. Where entries, selections, or locations are improperly allowed by the land department, as where the lands are not subject to such entries, or locations, amendments will not be allowed because such claims, being invalid, should be canceled, and upon cancellation thereof a new entry, selection, or location may be allowed as though the former had never been made. The circular of February 29, 1908 (36 L. D., 287), and all other circulars or instructions concerning amendments, incompatible herewith are hereby revoked. Very respectfully, Fred Dennett, Commissioner. Approved April 22, 1909. R. A. Ballinger, Secretary. Note: Applications for lands designated under the enlarged homestead law should contain a statement as to the amount of timber thereou, and whether or not the land sought is susceptible of irrigation from any known source of water supply. See approved form. Consult title "Second Homestead Entries Equitable Rule. " See 16 L. D., 171; 27 L. D., 389; 33 L. D., 110; 37 L. D., 655; 39 L. D., 48, and 40 L. D., 434 and 577. 4005 (Form approved by the Secretary of the Interior January 18, 1912.) 80 DEPARTMENT OF THE INTERIOR. APPLICATION FOR AMENDMENT. (Section 2372, R. S., amended.) U. S. Land Office, , No T > ;> of > (Give post-office address.) having made , No (Kind of entry, selection, or location.) for the , Section , Township Range , Meridian, Land District, hereby apply to amend the same so that the description when amended will read as follows: , Section , Township , Range , Meridian, and, being first duly sworn, upon oath say: That I originally intended to enter the (Describe lands applicant intended to enter.) , Section , Township , Range , Meridian. I have not sold, assigned, transferred, or relinquished the lands embraced in my said former claim, nor agreed to do so; nor have I taken from said land any timber or other thing of value. (Set out fully below all of the facts showing how the mistake occurred, the precaution taken to avoid error, the grounds upon which the application is based, etc., as required by the regulations.) I am well acquainted with the character of the land now applied for and with each and every legal subdivision thereof, having passed over each and every legal subdivision thereof, and from my personal knowledge I swear that there is not to my knowledge within the limits thereof any vein or lode of quartz or other rock in place bearing gold, silver, cinnabar, lead, tin, copper, or any deposit of coal; nor within the limits of said lands any placer, cement, gravel, or other valuable mineral deposits; nor is there any salt spring or deposits of salt in any form sufficient to render it chiefly valuable therefor; that no portion of said land is claimed for mining purposes under the local customs or rules of miners or otherwise; that no portion of said land is worked for mineral during any part of the year by any person or persons; that said land is essentially nonmineral land; and that my application therefor is not for the purpose of fraudulently obtaining title to mineral land; that the land applied for is not occupied nor claimed by any adverse claimant. The character of the land applied for is as follows: (Describe the character of the land by legal subdivisions and state amount and kind of timber on each subdivision, if any.) (Sign here, with full Christian name.) Note. Every person swearing falsely to the above affidavit will be pun- ished as provided by law for such offense. See Section 125, United States Criminal Code (over). I Hereby Certify that the foregoing affidavit was read to or by affiant in my presence before affiant affixed signature thereto; that affiant is to me personally known (or has been satisfactorily identified before me by (Give full name and postoffice address.) that I verily believe affiant to be a qualified applicant and the identical per- son hereinbefore described; and that said affidavit was duly subscribed and sworn to before me, at my office, in (Town.) , within the (County and State.) Land District, this day of ,19.... (Official designation of officer.) 81 CORROBORATING AFFIDAVITS. Affidavit of Witness as to Facts. I, , whose post-office address (Give full Christian name.) is , being years of age, and (Insert address.) by occupation a , do solemnly swear that the facts within my personal knowledge relative to the mistake of in filing upon the , Section , Township , Range , Meridian, Land l>istrict, the precaution taken to avoid said error, and the grounds on which application for amendment is filed, are as follows: My knowledge of the foregoing facts was acquired as follows: (Sign he-re with full Christian name.) I Hereby Certify that the foregoing affidavit was read to or by affiant in my presence before affiant affixed signature thereto; that affiant is to me personally known (or has been satisfactorily identified before me by ), and I verily believe affiant to be a credible witness and the identical person hereinbefore described, and that said affidavit was duly subscribed and sworn to before me, at my office, in , County, State (Town.) of , within the Land District, this day of , 19 .... (Official designation of officer.) Note. Every person swearing falsely to the above affidavit will be pun- ished as provided by law for such offense. See Section 125, United States Criminal Code (over). Affidavit of Witnesses as to Character and Reputation of Applicant. We, , of (Give full post-office address.) (Give full Christian name.) years of age, and by occupation , (Give full Christian name.) and , of (Give full post-office address.) years of age, and by occupation , do solemnly swear that we have been well acquainted with the applicant for years and years, respectively; that we have read tin- statements made by him in his said application; that he is a person of truth and veracity, and that we believe said statements to be true. (Sign here, with full Christian name.) (Sign here, with full Christian name.) I Hereby Certify that the foregoing affidavit was read to or by affiant in my presence before affiant affixed signature thereto; that affiant is to me personally known (or has been satisfactorily identified before me by " ) , and I verily believe affiant to be a credible witness and the identical person hereinbefore described, and that said affidavit was duly subscribed and sworn to before me, at my office, in , County, State (Town.) of , within the Land District, this day of , 19 (Official designation of officer.) Note. Every person swearing falsely to the above affidavit will be pun- ished as provided by law for such offense. See Section 125, United States Criminal Code (over). 82 United States Land Office at. ,19.... We Hereby Certify that the foregoing application is for surveyed land and that there is no prior valid adverse right to the same. We recommend that the application be (If rejection is recommended, set out reasons therefor.) Register. Receiver. UNITED STATES CRIMINAL CODE. Sec. 125. Whoever, having taken an oath before a competent tribunal, officer, or person, in any case in which a law of the United States authorizes an oath to be administered, that he will testify, declare, depose, or certify truly, ,or that any written testimony, declaration, deposition, or certificate by him subscribed, is true, shall willfully and contrary to such oath, state or subscribe any material matter which he does not believe to be true, is guilty of perjury, and shall be fined not more than two thousand dollars and imprisoned not more than five years. APPLICATIONS. Priority. Simultaneous. See Table of Circulars, Instructions and Kegulations. The public lands of the United States are subject to disposition under general and special Acts of Congress. The laws of general application are the homestead, desert, timber and stone and isolated tracts. These laws are treated elsewhere in this work. The pur- pose of this chapter is to present the question of priority and validity of applications. The prospective settler or entryman under any of the public land laws, and particularly the agricultural public land laws, should determine the location of the land he wishes to acquire. A personal inspection is essential in order that he may be able to make the non-mineral affidavit required and to give a proper description of the land by legal subdivision. Applications for public lands must be made upon forms prescribed by the department. Applica- tions should be made before an officer qualified to administer oaths in such cases within the district. It is true that in some instances the officer before whom application and papers involving public lands may be acknowledged varies according to the character of the application. As a general thing applications for lands are made before either the Register or Receiver of the Land Office, Judge or a Clerk of a court of record, or a United States Commis- sioner of the District within which the land is situated. When the application is not made before the Register and Re- ceiver because of time, distance and expense necessary to do so, the application may be made before the nearest and most accessible qualified officer, as may be provided by Department regulations covering the character of the application involved. The land must be subject to entry under the application pre- sented. For example, lands applied for under the desert law must be desert in character within the meaning of the Act concerning the disposition thereof and the regulations of the Department there- under, and this is true of lands applied for under any other law or Act of Congress. 83 PRIORITY. 1. "Applications presented at the land office in person have a preference over those reaching the office through the mail. 2. "When two applications are presented at the same time, either in person or by mail, they are considered simultaneous. "Applications must be presented during office hours. Land offices are open for public business from 9 a. m. until 4:30 p. in. No original business, however, will be accepted after 4 o'clock p. m. " 3. ' ' Proper sums of money required by law to be paid at time of filing must accompany the application. Applications cannot be presented at the land office to be filed at some subsequent date. The land office will not hold land unless there is a legal application presented therefor." 4. "Applications to enter tendered in person, or sent through the mail, should be acted upon in the actual order of arrival or presentation in the local office; and the refusal of said office to observe such order of precedence will not defeat the right of an applicant to have his application subsequently treated as though acted upon in its proper order." "The fact that the office cannot act upon the application on account of pressure of business will not alter the above rule." Lewis v. Morse, 27 L. D. 113. Mary v. Pierce, 28 L. D. 48. .1. ' ' Where a relinquishment was received by mail but the letter pre- senting it was not opened by the local office for some time afterwards, the relinquishment is to be regarded as filed at the moment of the receipt of the letter containing it." Win. C. Young, 2 L. D. 326. SIMULTANEOUS APPLICATION. REGULATIONS OF THE DEPARTMENT. The regulations of the Department concerning simultaneous applications are as follows : "In the case of simultaneous application to enter the same tract of land under homestead laws, the rule is as follows : 1. Where another party has improvements on the land, the right of entry should be awarded to the highest bidder; 2. Where one has actual settlement and improvements and the other has not, it should be awarded to the actual settler ; 3. Where both allege settlement and improvements, an investi- gation must be had and the right of entry awarded to the one who shows prior settlement and substantial improvements so as to be a notice on the ground of any competitor." (See Report of General Land Office for 1866, page 19. Also case of Helfrich vs. King, 3 Copp's L. O., page 164.) General Land Office Circular, January 25, 1904. SETTLEMENT BEFORE SURVEY. Section 3 of the Act of May 14, 188021 Statutes, 140 makes provision for protection of settlement rights upon lands prior to survey. For this sec Title of Relinquishments, page . Settlement rights upon lands prior to survey should be asserted within three months after the filing of plat of survey in the local land office. See Section 2265, Revised Statutes. See Section 2274, Revised Statutes. The Department recognizes the right of the heirs of the deceased entryman. Whore two persons settle upon a piece of land prior to survey, at the same time, the Department has provided three methods by 84 which the tract of land claimed by two settlers may be acquired. One is by the joint entry and another is to divide the land so as to award to each that portion to which he may be entitled. While the third is to award the land to the highest bidder. It frequently happens that two settlers claim a portion of a given forty acre tract and the rights of each may be determined by the fence which divides the respective claims of the parties, or by other means which determine that portion of the forty acres to which each may be entitled. Under such circumstances an entry man has been allowed to make entry on a forty-acre tract upon filing a written agreement at the local Land Office to convey the portion thereof awarded to the second claimant after patent has been issued. Consult on this subject the following cases: Stone vs. Banegas & Holleran, 2 L. D. 104; Miller vs. Stever, 2 L. D. 150; Doyle vs. Dion, 4 L. D. 27; Benart vs. Nicholas, 4 L. D. 519; McKinnon vs. Anderson, 27 L. D. 154, and other cases cited. Under Sec. 2274 of the Eevised Statutes, page , consult also the follow- ing cases: OToole vs. Spicer, 20 L. D. 392, and Hopkins vs. Wagner, 21 L. D. 485; Cain vs. Carrier, 36 L. D. 356. The right of possession of unsurveyed land prior to survey as between two claimants, in which the Government is not a party, may be determined in the courts of the State in which the land is located, and the courts have jurisdiction under what is known as "forcible entry and detainer" or "unlawful detainer." Actions under the procedure of the State courts concerning forcible entry and detainer should not be confused with actions to determine adverse claims to mineral lands. The matters that determine settlement is the good faith of the settler, the character of the settlement and the physical develop- ment of the land, together with his residence and occupancy thereof. The acts of the settler must be of such a nature as tends to reduce the land to his possession and the exercise of ownership over it. Consult the following cases: Buchanan vs. Munton, 2 L. D. 186. Slate vs. Door, 2 L. D. 635. McLean vs. Foster, 2 L. D. 175. Boyer vs. Burnell, 2 L. D. 521. Franklin vs. March, 10 L. D. 582. Powers vs. Ady, 11 L. D 1 . 175. Burnett vs. Crow, 5 L. D. 372. Howden Piper Case, 3 L. D. 162 and 294. Under the rule announced in Allen vs. Price, regulating the disposition of lands subject to the Contestant's Preferred right of entry, an application tendered by a stranger to the record during the period accorded to the contestant for the exercise of his right to hold in abeyance under said rule, will take effect on the land cov- ered thereby not taken by the contestant to the exclusion of a subsequent application of another therefor. For provisions and right of entry see Contest : State of California vs. Reeves, 22 L. D. 203. Mayers vs. Dyer, 21 L. D. 187. Application to enter and file subject to contestant's preferred right of entry take precedence in the order of filing if the contestant fails to exercise his privilege. 85 Residence on public land with no intention to acquire title thereto under the settlement laws, accords no right against subse- quent entry and settlement. Gaylor vs. Handle, 18 L. D. 187. As to when the rights of applicants attach to lands, see case of Powell vs. Puff, 24 L. D. 181. Stewart vs. Peterson, 28 L. D. 515. Also table of circulars, regulations and instructions. Applications to enter tendered in person or sent through the mail should be acted upon in the actual order or arrival and presen- tation at the Local Office; and the refusal of said office to observe such order of precedence will not defeat the right of the applicant to have his application subsequently considered as though acted upon in its proper order. Lewis vs. Morris, 27 L. D. 113. See 39 L. D. 409. One asserting prior settlement as against the application of another, suspended because of the closing of the local office, must, in order to maintain his alleged claim, continue residence upon the land pending the determination of the question of superior right. Pounder vs. Allen, 39 L. D. 348. "\Vhere a tract of unsurveyed land within the primary limits of a railroad grant was at the date of definite location of the road in good faith occupied by a qualified homestead settler and by fences and connected and continuous occupancy or right passed from one settler to another down to date of filing for township plat of survey, the rights of the settler are superior to the claim of the company under its grant. Curry vs. Central Pacific R. R. Co., 39 L. D. 5. Circular of November 3, 1909, concerning application and selec- tions for filing and location on unsurveyed lands provides as follows : APPLICATIONS AND SELECTIONS FOE AND FILINGS AND LOCATIONS UPON UNSURVEYED LANDS. [Circular.] Department of the Interior, General Land Office, Washington, D. C., November' 3, 1909. Registers and Receivers, United States Land Offices. Gentlemen: To remedy the confusion and uncertainty arising from appli- cations and selections for and filings and locations upon unsurveyed public lands, you will hereafter reject any such application, selection, filing, or loca- tion, under whatsoever law permitted, unless it conforms to the following rules: 1. It must contain a description of the land by metes and bounds, with courses, distances, and reference to monuments by which the location of the tract on the ground can be readily and accurately ascertained. The monu- ments may be of iron or stone, or of substantial posts well planted in the ground, or of trees or natural objects of a permanent nature, and all monu- ments shall be surrounded with mounds of stone, or earth when stones are not accessible, and must be plainly marked to indicate with certainty the claim to the tract located. The land must be taken in rectangular form, if practicable, and the lines thereof follow the cardinal points of the compass unless one or more of the boundaries be a stream or other fixed object. In the latter event only the approximate course and distance along such stream or object need be given, but the other boundaries must be definitely stated; and Ihe designation of narrow strips of land along streams, water courses, or other natural objects will not be permitted. 86 2. The approximate description of the land, by section, township, and range, as it will appear when surveyed must be furnished; or, if this can not be done, an affidavit must be filed setting forth a valid reason therefor. 3. The address of the claimant must be given, and it shall be the duty of the register and receiver, upon the filing of the township plat in their office, to notify him thereof, by registered letter, at such address, and to require the adjustment of the claim to the public survey within thirty days. In default of action by the party notified the register and receiver will promptly adjust the claim and report their action to the General Land Office. 4. Notice of the application, selection, filing, or location, describing the land as directed in Eule 1, must be posted in a conspicuous place upon the land, and a copy of such notice and proof of posting therefor filed with the application, selection, filing, or location, as the case may be. 5. Wherever, under existing regulations, notice of such application, selec- tion, filing, or location is required to be posted elsewhere than upon the land and published in a newspaper, the description of the tract in the posted and published notice must conform to the requirements of Eule 1. Very respectfully, FRED DENNETT, Approved: Commissioner. K. A. BALLINGER, Secretary. SETTLEMENT ON SCHOOL LAND. A claimant making settlement on unsurveyed land prior to sur- vey in the field, which proves to be school land after the survey has been accepted, has a superior right to that of the State. There are many decisions of the Department sustaining such settlements. ISLANDS. Islands may be surveyed upon application to the Surveyor Gen- eral of the Public Land State in which such island may be located. Forms and instructions concerning such matters should be obtained from such Surveyor Generals. See 32 L. D. 474. ASSIGNMENTS. In the instructions of October 11, 1911, to the Register and Receiver of the United States Land Office at Belle Fourche, South Dakota, in reference to transfer made by purchasers of lots on time payments, the Secretary said: * * * "The Department will not recognize any one but the original purchaser, and will issue all papers necessary to the completion of title and also the patent in his name." Under date of October 28, 1911, the Commissioner of the Gen- eral Land Office issued instructions upon the above regulation as follows: "This decision is applicable to lots in all townsites where they may be purchased and paid for in installments, and you will be governed thereby in all such cases." Passing upon this matter January 11, 1912, the Commissioner of the General Land Office said : "A patent issued in the name of the original purchaser will inure to the benefit of his transferee, whoever he may be, which will fully protect all parties claiming under the purchase, and the Government by such course will be relieved from all unnecessary responsibility of ascertaining in each instance in whom the right to a patent is vested and to issue the patent accordingly." Speaking of townsite lots, in his instructions of November 29, 1911, the Secretary said: * * * "A purchaser of lots in said townsites acquires a property right that he may, prior to the com- 87 pletion of his right to patent, transfer by deed, and such transferee may perform all the acts necessary to the completion of title." The above instructions apply in all cases of lands sold, either on a cash or installment basis. The same applies to transfers of Crow, Rosebud, Uintah and other Indian lands which have been sold under proclamation of the President, or under instructions of the Department. In cases where purchases were made for the benefit of minors, the right to transfer the same will depend upon the law of the State in which such lands may be situated. Payments may be made by the assignee, in which event a nota- tion showing the name of the original purchaser and by whom the remittance is made will appear upon the receipt. For Assignments Coal Lands see page 187. For Assignments Desert Entries see page 274. For Assignments Water Rights Reclamation Protests see p. 486. For Relinquishment all classes of entries see pp. 345, 349. See, also, Desert Lands and Relinquishments ; Indian Lands; Town Lots. CIRCULAR RELATIVE TO ASSIGNMENT OF HOMESTEAD ENTRIES WITHIN RECLAMATION PROJECTS, AMENDING CIRCULAR OF SEPTEMBER 13, 1910. Department of the Interior, Washington, December 17, 1910. Registers and Receivers, United States Land Offices. Project Engineers, United States Reclamation Service. Sirs: The circular entitled "Instructions under Reclamation Acts of June 11, 23, and 25, 1910, relative to entry, assignment, leave of absence, etc., approved September 13, 1910, is hereby amended by substituting for that portion of the circular relating to the Act of June 23, 1910, supra, the following: "The Act approved June 23, 1910, entitled 'An Act providing that entrymen for homesteads within reclamation projects may assign their entries upon satisfactory proof of residence, improve- ment, and cultivation for five years the same as though said entry had been made under the original Homestead Act' (Public, No. 243), reads as follows: Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That from and after the filing with the Commissioner of the General Land Office of satisfactory proof of residence, improvement, and cultivation for the five years required by law, persons who have or shall make homestead entries within reclamation projects under the provisions of the act of June seventeenth, nineteen hundred and two, may assign such entries, or any part thereof, to other persons, and such assignees, upon submitting proof of the reclamation of the lands and upon payment of the charges apportioned against the same as provided in the said act of June seventeenth, nineteen hundred and two, may receive from the United States a patent for the lands: Provided, That all assignments made under the pro- visions of this act shall be subject to the limitations, -charges, terms, and con- ditions of the reclamation act. "Under the provisions of this Act persons who have made or may make homestead entries subject to the Reclamation Act may assign their entries in their entirety at any time after filing in this 88 office satisfactory proof of residence, improvements, and cultivation for the five years required by the ordinary provisions of the home- stead law. The Act also provides for the assignment of homestead entries in part, but such assignments, if made prior to the estab- lishment of farm units, must be made in strict accordance with the legal subdivisions of the public survey, and if made after such units are established must conform thereto, except as hereinafter provided. ''In cases where the entry involves two or more farm units, the entryinan may file an election as to which farm unit he will retain, and he may assign and transfer to a qualified assignee any farm unit or farm units entirely embraced within the original entry. If an election by the entryinan to conform to a farm unit be filed and no assignment made of the remainder of the entry, the entry will be conformed to the farm unit selected for retention and canceled as to the remainder. Assignments of parts of established farm units will be allowed only after report by the project engineer to the Department that the farm unit as proposed to be divided or as capable of adjustment in connection with surrounding lands will make two or more units each capable of supporting a family, the report to be accompanied with plats describing the amended farm units. Such plats will be submitted by the Director of the Kecla- mation Service to the Secretary of the Interior for approval, and, when approved by him, will be forwarded to the Commissioner of the General Land Office for transmission to the local land office with appropriate instructions ; the assignment of the lands embraced within one of the farm units so established to be allowed only after a proper showing of the qualifications of the assignee, the filing of water-right application by him, and the payment of any amounts due upon the lands covered by the assignment under the terms of the public notices issued in connection with the project in which the lands are situated. "If a survey shall be found necessary to determine the boun- daries of the subdivision of any such farm unit, or the division of the irrigable area, a deposit equal to the estimated cost of such survey must be made with the special fiscal agent, Reclamation Service, on the project, by or on behalf of the parties concerned. Any excess over the actual cost will be returned to the depositor or depositors after the completion of the survey. "No assignment of a portion of any farm unit will be recognized by the Department as modifying any approved water-right appli- cation, or releasing any part of the farm unit as originally estab- lished from any portion of the charges announced against it until after the approval of the amended farm unit by the Secretary of the Interior, the filing of evidence of the qualifications of the assignee, the receipt of a proper water-right application, and of the payments due upon the land included in the assignment. "Assignments under this Act must be made expressly subject to the limitations, charges, terms, and conditions of the reclamation Act, and, inasmuch as that Act limits the right of entry to one farm unit, the assignee must present a showing in the form of an affidavit, duly corroborated, that he has not acquired title to and is not claiming any other farm unit or entry under the reclamation Act. 39 "Assignments made and filed in your office in accordance with these regulations must be noted on your records and forwarded to the General Land Office for consideration, and, if approved, the assignees in each case will be required to make payment of the \' at Secretary. 116 State of , County of , ss. , being duly sworn, deposes and says that the statements herein made are true to the best of his knowledge and belief. Sworn to and subscribed before me this ...... day of ...... , in the year 19 . . [Seal.] ............ , Notary Public. Note. When the applicant is a corporation the form should be executed by its president, under its seal, and attested by its secretary. When the applicant is not a corporation or an association of individuals, strike out the words in italics. Land Office at ...... , I, ............ , register of the land office, do hereby certify that the foregoing application is for the reservation of lands subject thereto under the provisions of the Act of January 13, 1897; that there is no prior valid adverse right to the same; and that the land is not, by reason of its proximity to other lands reserved for reservoirs, excluded from reservation by the regu- lations and rulings of the Land Department. Fees, $ ---- paid. Kegister. The description of the business of the applicant should include "a. full and minute statement of the extent to which he is engaged in breeding, graz- ing, driving, or transporting live stock, giving the number and kinds of such stock, the place where they are being bred or grazed, and whether within an inclosure or upon uninclosed lands, and also from where and to where they are being driven or transported." Circular June 23, 1899. FOEM 10. State of , County of , ss. , being duly sworn, says that he is the person who was employed to make the survey of a reservoir covering an area of acres, the initial point of the survey being (here describe as required by Sec. 21) ; said reservoir having been constructed upon the quarter of the quarter of section . . . ., township , range , principal meridian, as proposed by reservoir declaratory statement No , which was filed in the local land office at , under the provisions of the act of January 13, 1897 (29 Stat., 484) ; that the said survey was made on the day of , 19. .; that the dam and all necessary works have been constructed in a substantial manner; that the reservoir has a capacity of gallons, and at the time of said survey contained gallons of water. Sworn and subscribed to before me this day of , 19. . [Seal.] , Notary Public. FOEM 11. T, , do certify that I am the president of the com- pany which filed (or that I am the person who filed) reservoir declaratory statement No , in the local land office at ; that the reservoir pro- posed has been constructed upon the quarter of the quarter of section , township , range , principal meridian, covering an area of acres, the initial point of the survey being (describe as in Form 10) ; that the dam and all necessary works have been constructed in a substantial manner in good faith in order that the reservoir may be used and maintained for the purposes, and in the manner prescribed by the said Act of January 13, 1897 (29 Stat., 484), the provisions of which have been and will be complied with in all respects. [Seal of company.] , Attest: President of the Company. 7 Secretary. 117 FOKM 12. State of , County of , ss. , being duly sworn, deposes and says that he is the president of the company which filed (or that he is the person who filed) reser- voir declaratory statement No , in the local land office at ; that the reservoir constructed in pursuance thereof, as heretofore certified, has been kept in repair; that water has been kept therein to the extent of not Jess than gallons during the entire calendar year of 19..; that neither the reservoir nor any part of the land reserved for use in connection therewith is or has been fenced during sai'J years, and that the said company has in all things complied with the provisions of the Act of January 13, 1897 (29 State., 484). President of Company. Sworn and subscribed to before me this day of 19. . [Seal.] , Notary Public. TABLE OF CIRCULARS, INSTRUCTIONS AND REGULATIONS. Date of circular. Vol. L. D. Page L. D. Page this book. Apr. 18, 1884 2 Abstracts from records. 655. Absence. See Title Leave of Absence. 36. Aug. 18, 1886 5 Accounts. 569. Nov. 6, 1886 5 Accounts. 245. Aug. 7, 1889 9 Accounts. 229. Dec. 4, 1889 9 Accounts. 655. Sept. 12, 1890 11 Accounts. 297. Sept. 7, 1907 36 Accounts. 78. May 24, 1909 37 Accounts. 708. July 20, 1883 2 Accounts and fees. 662. Mar. 15, 1887 5 Accounts and fees. 577. Mar. 11, 1911 39 Accounts and fees. 556. May 14, 1895 23 Accounts; unearned fees. 572. Dec. 26, 1896 23 Accounts; unearned fees. 573. Apr. 7, 1904 32 Accounts, fees, testimony, transcripts. 554. June 10, 1908 37' Accounts and record's; method "of keeping. 46. June 1, 1908 37 Accounts and records; order relating to keeping. 43. June 27, 1907 35 Accounts of receivers, etc. 633. May 27, 1885 3 Accounts of special agents. 575. Feb. 20, 1890 10 Accounts of surveyors. 199. Jan. 9, 1893 16 Act of May 14, 1880, amended. 34. Apr. 27, 1891 12 Act of March 3, 1891, first 6 sections with copy of act. 405. July 26, 1886 5 Additional homestead. 128. July 27, 1907 36 Additional homestead. 46. Sept. 11, 1908 37 Additional homestead. 160. June 16, 1909 38 Additional homestead entries in reclamation project. 58. Mar. 26, 1902 31 Affidavits, applications to make entry, final proof, Act of Mar. 11, 1902. 274. Nov. 9, 1908 37 Affidavits; fees for. 236. Oct. 24, 1884 3 Affidavits; final. 164. Apr. 12, 1902 31 Affidavits, proofs and oaths, execution of before deputy clerks, Act Mar. 11, 1902. 286. Mar. 1, 1907 35 Affidavits, proofs, deputy clerks, Act Mar. 11, 1902. 436. Apr. 1, 1904 32 Affidavits; proofs and oaths; Section 2294, E. S., Act of Mar. 4, 1904. 539. Apr. 1, 1904 32 Affidavits and proofs made outside of land district. 541. Mar. 24, 1905 33 Affidavits, oaths, final proofs, etc.; U. S. Commissioners, judges, and clerks of courts of record. 480. Apr. 20, 1907 35 Agents and attorneys. 534. Aug. 2, 1910 39 Agricultural college grant. 140. Sept. 8, 1910 39 Agricultural entries; coal lands. 179 312, 319 Jan. 23, 1911 39 Agricultural entries; coal lands. 473. 118 Date of circular. Vol. L. D. Page L. D. Page this book. Sept. 27, 1910 Amended regulations; coal lands. 488. Jan. 10, 1911 With forest. 679 457 Mar. 24, 1905 33 Alabama; homestead settlers within limits of Mobile & Gerard railroad grant. Act Feb. 24, 1904. 489. Apr. 9, 1883 1 Alabama lands; coal and iron. 655. Aug. 17, 1907 36 Alabama; reclassification of lands. 107. Apr. 11, 1907 35 Alabama; settlors on railroad lands. 502. Apr. 7, 1903 32 Alabama; regulations under Act of Mar. 3, 1903, for relief of certain settlers in State. 89. Sept. 26, 1911 40 Alaska; coal claims; regulations; survey; work and im- provements. 277 179-180 June 25, 1910 39 Alaska; adverse claims. 49. Mar. 31, 1908 36 Alaska; coal lands. 548. June 27, 1908 36 Alaska; coal lands. 548 1"3 July 11, 1908 37 Alaska; coal lands. 20 1C7 June 27, 1900 30 Alaska coal lands; title to, Act June 6, 1900. 368. Apr. 8, 1903 32 Alaska homestead entries, Act Mar. 3, 1900. 90. June 8, 1898 27 Alaska homestead; right of way, timber, etc. 248. Apr. 29, 1909 37 Alaska Indian and Eskimo allotments. 615. Sept. 29, 1900 30 Alaska; instructions respecting proof to be filed with sur- veys of homestead claims. 285. Feb. 11, 1907 35 Alaska lands; allotments. 437. Oct. 8, 1897 25 Alaska lands; amended regulations. 323. Dec. 4, 1902 31 Alaska lands; homestead; soldiers' additional; assignee. 441. 'May 31, 1900 30 Alaska lands; mining claim. 40. Aug. 15, 1899 29 Alaska lands; waterfront. 95. July 28, 1885 4 Alaska; mining regulations. 128. July 11, 1900 30 Alaska; fining rights and claims, Act June 6, 1900. 142. Dec. 21, 1892 15 Alaska; mission stations. 586. June 3, 1891 12 Alaska; nonmineral entries. 583. Jan. 14, 1904 32 Alaska; regulations concerning the location and patenting of coal lands. 114. Jan. 13, 1904 32 Alaska; regulations concerning homesteads, rights of way, timber, etc. 424. May 4, 1895 20 Alaska; sale of public lands. 434. Mar. 9, 1911 39 Alaska; surveys. 553. Aug. 1, 1904 33 Alaska townsites. 163. Oct. 27, 1898 27 Alaska townsite entries. 560. May 6, 1895 22 Alaska townsite entries, approved Feb. 17, 1896. 119. Dec. 29, 1908 37 Alaska townsite, Indian occupants. 337. Aug. 12, 1905 34 Alaska townsite; par. 13, regulations Aug. 1, 1904, amended. 71. Mar. 17, 1898 26 Alaska; use of timber. 404. Feb. 24, 1912 40 Alaska; regulations, sale and use of timber upon unreserved public lands Alaska. 477. Jan. 29, 1901 30 Algodenes grant, instructions relative to. 455. May 3, 1907 35 Allotment, membership in Indian tribe. 549. Apr. 22, 1909 37 Amendments. 655 76 Jan. 30, 1885 3 Amendment of entries. 471. Feb. 29, 1908 36 Amendment of entries. 287. Feb. 11, 1889 8 Amendment of entries and filings. 187. May 24, 1886 4 Amending circular of July 31, 1885. 545. Sept. 4, 1884 3 Applications and affidavits. 108. Aug. 7, 1895 21 Applications for survey. 77. Nov. 3, 1909 38 Applications, etc., for unsurveyed lands. 287. Aug. 7, 1908 37 Applications; notice of allowance of. 60. Sept. 22, 1884 3 Applications; rejected. 119. Jan. 18, 1904 32 Applications; homestead, Act. Aug. 30, 1890. 400. Mar. 25, 1897 25 Applications to enter pending contest. 61. July 14, 1899 29 Applications to enter pending contest. 29. Jan. 6, 1906 34 Applications for use of name of United States in judicial proceedings to forfeit rights of way. 358. Jan. 27, 1905 33 Applications to make second entry; soldiers' additional right. 364. Oct. 25, 1886 5 Applicants; post-office address. 198. 119 Date of circular. Vol. L. D. Page L. D. Page this book. Mar. 6, 1912 40 Applications for exchange of land within Indian reserva- tions for public lands; instructions. 419. Aug. 29, 1884 3 Appeal. 99. July 17, 1911 40 Appointment of mineral surveyors. 21o. Arid lands; selection by certain State regulations. 390. Aug. 5, 1889 9 Arid lands. 282. Aug. 9, 1890 11 Arid lands. 220.. Sept. 5, 1890 11 Arid lands; rescinding circulars of Aug. 5, 1889, and Aug. 9, 1890. 296. Aug. 30, 1904 33 Arid lands; contracts between water-users' associations and owners of lands; Act of June 17, 1902. 202. July 14, 1905 34 Arid lands; desert land entry; right to use of water; Act of June 17, 1902. 29. Oct. 10, 1904 33 Arid lands; farm units; Act of June 17, 1902. 268. May 17, 1904 32 Arid lands; homestead entry; Act of June 17, 1902. 633. Jan. 13, 1904 32 Arid lands; mineral locations, timber and stone applica- tions; Act June 17, 1902. 387. June 15, 1904 33 Arid lands; reclamation; lands withdrawn; Act June 17, 1902. 38. Jan. 28, 1904 32 Arid lands; reservoir lands; Act June 17, 1902. 416. Oct. 5, 1893 17 Arid lands; right of way. 521. Aug. 5, 1904 33 Arid lands; Truckee-Carson project; Act June 17, 1902. 158. Aug. 18, 1904 33 Arid lands; .Truckee-Carson project; Act June 17, 1902. 190. Mar. 31, 1904 32 Arid lands; withdrawal; Act June 17, 1902. 537. July 12, 1904 32 Arid lands; withdrawal; Act June 17, 1902. 104. Oct. 12, 1905 34 Arid lands; withdrawal; Act June 17, 1902. 158. Dec. 19,1910 39 Assignments (see Reclamation). 421 87 Feb. 1, 1886 5 Attorneys. 337 223, 225 Sept. 15, 1910 39 Attorneys. 210 223, 225 Oct. 21,1885 4 Attorneys; official order. 220 223,225 Sept. 18, 1884 3 Attorneys before the Department. 113 223, 225 Mar. 19, 1887 5 Attorneys before local offices. 508, 140 223,225 B Jan. 24, 1911 39 Belle Fourche project. 531. Feb. 3, 1912 40 Belle Fourche project; reclamation; water service. 417. Dec. 30, 1911 4G Belle Fourche project; reclamation charges. 327. Feb. 3, 1912 40 Belle Fourche project; payment. 418. May 4, 1911 40 Belle Fourche project; payment. 67. Feb. 21, 1907 35 Blackfoot Indian lands; Lewis and Clarke Forest Reserve. 431. May 13, 1911 40 Buford, Trenton project; reclamation; payments. 82. June 16, 1882 1 Bonds for U. S. deputy surveyors. 669. Sept. 24, 1886 5 Bounty land warrants. 178. Mar. 28, 1902 31 Bounty land warrants. 277. May 24, 1912 40 Bounty land warrants. Circular No. 120. *See location warrants, scrip, etc. Also page *rage . This book. Nov. 17, 18J7 25 California school lands. 383. Jan. 20, 1902 31 California school lands; authority of local officers. 212. Apr. 14,1911 40 Camp Bowie abandoned military reservation; sale of lands. 1. Oct. 15, 1884 3 Cancelled warrants. 145. Canals, ditches and reservoir regulations. 163 91 Dec. 7, 1909 38 Cane Island. 330. May 13, 1909 Carey Act; supplemental regulations. 409 263 Apr. 9, 1909 Regulations; supplemental regulations. 390. Apr 25, 2910 38 Carey Act regulations. 580. Feb. 17, 1912 40 Carlsbad project; reclamation; charges. 474. Mar. 26, 1907 35 Cemeteries; Act of Mar. 1, 1907. 480. Aug. 11, 1906 35 Certificates of naturalization. 116 76 Nov. 22, 1909 38 Certified copies of records. 312. Sept. 1, 1893 17 Cherokee Outlet; President's proclamation. 225. 120 Date of circular. Vol. L. D. Page L. D. Page this book. Feb. 14, 1894 18 Cherokee Outlet; townsites. 122. July 5, 1910 40 Cheyenme and Arapahoe lands. 58. Apr. 13, 1892 20 Cheyenne and Arapahoe lands; opening of. 7. Feb. 17, 1910 38 Cheyenne Kiver, etc., lands. 455. Aug. 21, 1909 38 Cheyenne River and Standing Rock lands. 160. Feb. 7, 1910 40 Cheyenne River and Standing Rock lands; time of opening extended. 56. Mar. 13, 1909 37 Chippewa lands. 491. May 10, 1910 38 Chippewa lands. 590. May 14, 1910 38 Chippewa lands. 593. May 17, 1910 38 Chippewa lands. 594. Mar. 27, 1907 35 Chippewa lands; drainage survey. 481. July 9, 1896 26 Chippewa lands; logging. 84. Aug. 26, 1898 27 Chippewa lands; logging regulations. 353, 724. June 14, 1898 27 Chippewa lands ceded. 188. Apr. 20, 1907 35 Chippewa agricultural lands. 532. July 23, 1908 37 Chippewa agricultural lands. 61. Oct. 9, 1903 32 Chippewa ceded lands; homestead entry; qualifications. 281. Aug. 5, 1904 33 Chippewa ceded lands; lot 1, Sec. 10, T. 168 N., R. 35 W., Crookston, Minn., withdrawn from entry. 180. Feb. 15, 1907 35 Chippewa Indian lands; withdrawal; Act June 21, 1906. 428. May 3, 1909 37 Chippewa allotments. 665. Apr. 17, 1905 33 Chippewa lands; commutation of entries; Act Mar. 3, 1905. P. 551. Feb. 15, 1900 29 Classification of lands. 503. July 25, 1895 21 Classification of lands; designation of surveyor. 68. Aug. 10, 1895 21 Classification of lands; protest. 108. Feb. 14, 1899 Carriers conflicting. June 15, 1901 30 Carriers conflicting. 620. See Private Claims, Donation Claims. Dec. 3, 1884 3 Clerk of Court. 220. May 16, 1907 Coal lands; also complete regulations. 304 192 May 8, 1909 37 Coal lands. 681. Apr. 18, 1910 38 Coal lands. 576. Aug. 8, 1910 39 Coal lands. 156. Dec. 31, 1903 32 Coal lands; paragraphs 30 and 31 of regulations of July 31, 1882, amended. 382. July 31, 1882 21 Coal lands; sale of. 587. Apr. 10, 1909 37 Coal lands; classification. 653. Dec. 27, 1907 36 Coal lands; classified. 215. Oct. 26, 1905 34 Coal lands; character of land; evidence. 194. Jan. 21, 1907 35 Coal lands; withdrawal; existing right. 395. Apr. 12, 1907 35 Coal lands; laws and regulations. 665, 279 171, 172 May 20, 1907 35 Coal lands; regulations, supplemental 683 Apr. 24, 1907 35 Coal lands; regulations, supplemental 189 Mar. 21, 1908 36 Coal lands; notice of claim. 318. Apr. 29, 1908 36 Coal lands; applications, verification of, etc. 368. Nov. 30, 1907 36 Coal lands; regulations, paragraph 18. 192. Feb. 10, 1910 38 Coal classification. 452. June 12, 1909 39 Coal classification. 36. Jan. 7, 1910 38 Coal valuation. 373. Aug. 10, 1910 39 Coal withdrawals. 157. Mar. 6, 1911 39 Coal withdrawals. 544. Mar. 20, 1909 37 Coal entry by agent- 508. Feb. 5, 1912 40 Coal lands; withdrawal. 141. Feb. 5, 1912 40 Coal lands; withdrawal; limited patents; instructions. 141. Mar. 23, 1887 5 Colorado; school indemnity. 696. Mar. 19, 1912 40 Colorado; desert entry. 508. Apr. 12, 1900 29 Colville Indian lands opened to settlement. 661. Feb. 1, 1910 38 Colville reservation; mining claims. 409. June 25, 1897 24 Commissioners of circuit court and TJ. S. commissioners. 564. Aug. 31, 1907 36 Commutation. 74. Oct. 18, 1907 36 Commutation. 124 536 121 Date of circular. June 13, 1908 36 July 9, 1896 26 Mar. 21, 1901 30 June 19, 1902 31 June 30, July 9, Apr. 12, Feb. 16, Aug. 18, Sept. 22, Sept, 15, Feb. 15, Sept. 22, Nov. 14, May 23, Jan. 3, Aug. 4, Oct. 24, Jan. 19, June 1, 1909 38 1902 31 1891 12 1909 37 1911 40 1884 3 1910 39 1909 37 1884 3 1902 36 1908 36 1890 10 1910 39 1883 2 1909 37 1909 38 Mar. 19, 1883 1 Mar. 4, 1884 2 July 28, 1908 37 May 24, 1906 34 Jan. 17, 1907 35 May 24, 1906 34 July 23, 1906 35 Vol. L. D. Page L. D. Page this book. Commutation. 514 144 Commutation of homestead; Act June 3, 1896. 544. Commutation of homestead; Act Jan. 26, 1901. 540. Commutation of second homestead entries; Act of May 22, 1902. 358. Condemnation of improvements under reclamation act. 58. Confirmation; Sec. 7, Act of Mar. 3, 1891. 368. Confirmation of entries, See. 7, Act of Mar. 3, 1891. 416. Constructive residence. 449 30 Constructive residence abolished. 228. Contests. 120. Contests. 217 ^ 164 Contest clerks. 448. Contest testimony. 121. Contest notice; publication of. 294. Contest notice; publication of. 443. Contest dismissed from local office, disposition of records. 2. Contest; notation of, etc. 150. Contest; transfer to new local office. 222. Contest of withdrawn lands. 365. , Contest preference right. 23. (See Rules of Practice.) Correction of duplicate plats. 670. Cross-examination of witnesses. 234. Crow Creek national forest; Act Mar. 13, 1908. 76. Crow Indian lands; homestead entries; qualifications. 639. 891 . Crow Indian lands; residence. 382. Crow Indian lands; opening of. 637. Crow Indian lands; purchasers of improvements; preference right of entry. 56. Nov. 6, 1906 35 Jan. 10, Jan. 17, Sept. 5, Sept. 15, Nov. 12, Jan. 30, June 24, Aug. 6, Nov. 30, Sept. 30, June 22, Apr. 27, Feb. 17, July 22, July 23, Oct. 11, July 28, Tune 27, lug. 23, Dec. 3, Apr. 20, Jan. 26, Sept. 17, 1907 35 1891 12 1881 1 1883 3 1884 1885 3 1885 3 1883 2 1908 37 1910 39 1892 14 1891 14 1904 32 1885 4 1885 4 1894 19 1907 36 1887 5 1889 9 1889 9 1891 12 1894 18 1904 33 Aug. 21, 1909 38 Nov. 28, 1902 31 Feb. 27, 1906 34 July 16, 1891 13 Jan. 13, 1892 14 Declarations of intention and certificates of naturalization. 299. 369. Departmental order establishing a motion day. 64. Deposit for survey. 316. 350. 184. 348. 599. Description of land in certificates and receipts. 197. Desert land laws,regulations under. 312. Desert lands, regulations. 253 270 Desert land act as amended. 677. Desert land circular, instructions under. 565. Desert land; cultivation; final proof. 456. Desert land entries. 33. 51. 298. Deposit for survey. Deposit for survey. Deposit for survey. Deposit for survey. Desert land entries. Desert land entries; Act of Aug. 4, 1894. Desert land entries; enlargement. 44. Desert land entries; final proof. 708. Desert land entries; final proof. 259. Desert land entries; final proof. 672. Desert land entry prior to survey. 376. Desert land entry; assignment. 31. Desert land entry; amendments by assignees, Sec. 2372, R. S. 251. Desert land entry; expenditures. 157. Desert land entry; compactness, Sec. 1, Act of Mar. 3, 1877. 441. Desert land entry; improvements. 465. Desert land entry; patent. 49. Desert land; price of. 74. 122 Date of circular. Mar. 27, 1908 36 Jan. 15, 1902 31 Dec. 5, 1901 31 Feb. 21, 1908 36 Nov. 30, 1906 35 Mar. 19, 1912 40 June 28, 1907 35 Sept. 21, 1904 33 Mar. 31, 1884 18 May 9, 1895 20 Apr. 8, 1895 20 July 9, 1885 4 Vol. L. D. Page L. D. Page this book. Desert land; second entries. 472. Desert land; regulations concerning selections by certain States. 228. Desert land; sparse growth of trees; Act. Aug. 18, 1894. 149. Desert land entry; water rights. 282. Desert land entry within reclamation projects. 340. Desert entries in Weld and Laramie counties, Colo.; exten- sion of time; instructions. 508 298 Devils Lake Indian lands. 647. Devils Lake ceded lands; disposition after expiration of "sixty day period." 255. District of Columbia; public lands. 285. District of Columbia; public lands. 435. Donation claims. 290. Double minimum lands. 76. May 12, 1906 34 May 25, 1909 37 Dec. 14, 1909 38 Mav 3, 1910 38 July 18, 1910 39 Aug. 24, 1910 39 Dec. 8, 1910 39 May 24, 1909 37 May 21, 1909 37 July 12, 1911 40 Apr. 16, 1912 Dec. 29, 1890 12 June 26, 1885 3 Aug. 28, 1883 2 Sept. 15, 1890 11 June 25, 1890 10 Jan. 31, 1884 2 May 22, 1883 2 May 29, 1904 32 Sept. 9, 1902 31 Mar. 13, 1890 Oct. 17, 1910 Mar. 29, 1910 Sept. 28, 1883 Sept. 20, 1890 Feb. 3, 1912 May 28, 1909 June 14, 1909 Feb. 26, 1912 June 4, 1885 Feb. 10, 1910 May 13, 1909 Jan. 14, 1894 Oct. 18, 1894 Feb. 13, 1912 10 39 2 11 40 38 38 40 3 38 37 14 19 40 Enlarged homestead. Enlarged homestead Enlarged homestead. Enlarged homestead. Employee of General Land Office; Sec. 452, R. S. 605. Enlarged homestead. 546. Enlarged homestead. 361 196 584. Idaho. 96 206 164. 386. Enlarged homestead, form 4-003. 707. Enlarged homestead; additional entry. 697. Enlarged homestead. 184. Enlarged homestead settlements with entries. P. 325. Entry; instructions under Act of Aug. 30, 1890. 81. Entry in excess of quarter-section. 606. Entry by .officer of clerk. 313. Entry by employee of General Land Office. 348. Entry and final proof; amendment of Sec. 2294, R. S. 687. Entryman; qualifications. 195. Entries and filing on indemnity lands. 517. Entries of public lands for park and cemetery purposes. P. 512. Entries on lands withdrawn for the construction of irriga- tion works for the reclamation of arid lands; Act of June 17, 1902. 420. Equitable adjudication. ) T> 1oo f 299 Equitable adjudication. 5 320 . Equitable entries. 497 ..321 Examination of record. 222. Exemplification of records. 386. Executive order restoring withdrawn coal lands- when effective; instructions. 415. Exchange of lands. 44. Exchange of lands. 41, 42. Executive order; opening of Pine Ridge and Rosebud Indian lands. 517. Expired pre-emption filings. 576. Extension of time. 451. Extension of time under Carey Act. 682. Extension of time for payment. 293. Extension of time for proof and payment. 305. Extension of time; Act Feb. 28, 1911; instructions. 428. 291 Oct. 27, 1890 11 Failure of crops; payment. May 28, 1910 38 Fees. 616, 461 to 467 Jan. 28, 1884 2 Fees of local officers. 665. Apr. 7, 1884 2 Fees of local officers. 671. Nov. 15, 1892 15 Fees of local officers. 432. 417. .297-303 123 Date of circular. Vol. L. D. Page L. D. Page this book. June 5, 1908 36 Fees of local officers. 481 423 Oct. 13, 1886 5 Fees of surveyors-general. 190. Oct. 19, 1907 37 Fees of surveyors-general. 125. Feb. 21, 1908 37 Fees of surveyors-general. 282. Apr. 15, 1907 35 Fees of surveyors-general; certified copies. 514. May 1, 1909 37 Fees for reducing testimony. 662. Apr. 22, 1898 26 Fees for reducing testimony to writing, etc. G.". Dec. 1, 1883 2 Fees and commissions on cancelled entries. 660. May 20, 1905 33 Fees and commissions; registers and receivers. G27, 631. Sept. 17, 1883 2 Final proof. 199. Feb. 15, 1884 2 Final proof. 224. Apr. 3, 1884 3 Final proof. 211. July 31, 1884 3 Final proof. 52. Sept. 17, 1884 3 Final proof. 112. Oct. 6, 1884 3 Final proof. 133. Oct. 11, 1884 3 Final proof. 141. Oct. 30, 1884 3 Final proof. 155. Nov. 25, 1884 3 Final proof. 196. Dec. 10, 1884 3 Final proof. 246. Jan. 5, 1885 3 Final proof. 298. Mar. 9, 1885 3 Final proof. 484. Apr. 11, 1885 3 Final proof. 479. Dec. 15, 1885 4 Final proof. 296. Mar. 30, 1886 5 Final proof. 473. Sept. 23, 1886 5 Final proof. 178. Feb. 19, 1887 5 Final proof. 426. Jan. 2, 1889 8 Final proof. 3. Oct. 21, 1890 11 Final proof; Act of Oct. 1, 1890. 402. Apr. 12, 1895 20 Final proof; Act of Mar. 2, 1895. 309. Dec. 22, 1883 2 Final proof; adverse claims. 596. Aug. 4, 1884 3 Final proof; fees. 58. Nov. 2, 1886 5 Final proof; blanks. 220. Nov. 18, 1884 3 Final proof; payment. 188. Dec. 11, 1884 3 Final proof; protest. 247. July 17, 1889 9 Final proof; rules. 123. May 9, 1906 34 Final proof; rules. 601 143 Nov. ^J 4, 1904 33 Final proof; notice; place of taking. 280. May 15, 1901 30 Final proof; school sections; notice. 607. Jan. 24, 1891 12 Final proof; disposition of. 188. Nov. 30, 1889 9 Final proof; county judge. 586. Aug. 1, 1905 34 Final proof on claims within forest reserves. 63. Nov. 16, 1906 35 Final proof; desert land entry; character of evidence. 305. Dec. 17, 1906 35 Final proof; desert land entry; character of evidence. 352. May 17, 1907 35 Final proof; water right. 575. Apr. 4, 1899 28 Florida homesteads; relief Act of Feb. 25, 1899. 273. July 28, 1897 25 Forest fires. 73. Feb. 2, 1895 20 Forest fires; burned timber entry. 98. Oct. 4, 1911 40 Forest land; regulation; publication; notice to publishers. 283. June 30, 1897 24 Forest reserves. 589. Mar. 21, 1898 26 Forest reserves. 421. Apr. 4, 1900 30 Forest reserves; Sec. 24, Act Mar. 3, 1891, rules and regu- lations. 23. July 5, 1900 30 Forest reserves; rules and regulations of Apr. 4, 1900, amended. 113. Apr. 10, 1901 30 Forest reserves; par. 21 of rules and regulations of Apr. 4, 1900, amended. 590. Dec. 16 1908 37 Forest reserves* entries. 355 450 Mar. *", 20, 1908 36 Forest reserves; administrative site. 314. June 30, 1897 24 Forest reserves; survey. 588. July 5 > 190B 35 Forest reserves; Act June 4, 1897, Senate resolution of Mar. 19, 1906. 8. Feb. 19, 1902 31 Forest reserves; lieu selection, Act June 4, 1897. 2.31. July 7, 1902 31 Forest reserves; lieu selection, Act June 4, 1897, and June 6, 1900. 372. 124 Date of circular. Oct. 13, 1902 32 May 16, 1905 33 Nov. 21, Oct. 4, Apr. 6, Jan. 10, Jan. 12, Feb. 15, Sept. 10, Dec. 12, 1903 32 1911 1911 1911 1891 12 1892 14 1892 15 1901 31 Dec. 23, 1901 31 Mar. 19, 1901 30 Dec. 31, 1910 39 Oct. 16, 1909 38 Mar. 8, 1910 38 Dec. 7, 1910 39 Apr. 28, 1899 28 May 9, 1899 28 Dec. 18, 1899 29 Feb. 19, 1902 31 July 7, 1902 31 Apr. 6, 1911 40 Jan. 29, 1909 39 June 5, 1900 30 Nov. 15, 1909 38 Dec. 11, 1909 38 May 24, 1909 37 Feb. 23, 1911 40 Mar. 6, 1907 35 Apr. 4, 1912 40 June 29, 1911 40 Dec. 7, 1909 38 Aug. 2, 1906 35 Aug. 3, 1906 35 June 25, 1908 36 June 30, 1904 33 Nov. 28, 1910 39 Aug. 3, 1900 30 Oct. 1, 1908 37 June 12, 1908 36 Jan. 27, 1908 36 Jan. 29, 1912 40 Apr. 16, 1912 40 Mar. 20, 1883 1 June 24, 1899 28 July 26, 1901 31 Mar. 14, 1910 38 July 6, 1910 39 May 19, 1904 32 Vol. L. D. Page L. D. Page this book. Forest reserves; lieu selection, Act June 4, 1897, and June 6, 1900. 283. Forest reserves; repeal of lieu selection acts, Act of Mar. 3, 1905. 558. Forest reserves; temporary withdrawals, mineral lands. 307. Forest reserves; publication of notice. 677 ,..456 Forest reserves; conflict, withdrawal. 678 . 457 Forest reserves; agricultural or mineral within. 679. Forest reservations. 83. Forest reservations. 209. Forest reservations. 284. Forest reservations; use of timber and stone; par. 21 of regulations amended. 173. Forest reservations; pasturage of live stock; par. 13 of regulations amended. 182. Forest reservations; lieu selections, Act June 4, 1897. 538. Forest lands; final proof. 436. Forest homesteads; survey. 278. Forest homesteads; survey. 481. Forest withdrawals. 386. Forest reserve lands; selections in lieu of, Act of June 4, 1897. 328. Forest reserve lands; selections in lieu of. 521. Forest reserve lands; selections in lieu of. 391. Forest reserve lands; selections in lieu of. 251. Forest reserve lands; selections in lieu of, Acts of June 4, 1897, and June 6, 1900. 372. Forest withdrawals; homestead entries; rights of contest- ants; Act of Mar. 3, 1911. 2. Forfeiture proceedings. 480. Free homesteads; Act of May 17, 1900. 50. See Circular No. 10. 502 326 Fiscal orders, Reclamation Service. 311. Flathead lands. 341. Flathead, Couer d'Alene and Spokane lands. 700. Flathead and Couer d'Alene Indian lands; extending date of opening. 57. Fort Berthold Indian Reservation. 451. Fort Berthold Indian lands; opening of; executive or- der. 575. Fort Berthold Indian lands; opening of; proclamation. 451. Fort Berthold Indian lands; (regulations thereunder). 154. Fort Butler. 331. Fort Crittenden lands. 85. Fort Elliott lands; reoffering of. 86. Fort Hall project; timber cutting. 539. Fort Hall Indian Reservation; opening of ceded lands; Act of March 30, 1904. 80. Fort McKinney. 368. Fort McPherson abandoned military reservation; disposal of original portion of. 213. Fort Shaw and Simms townsites. 179. Forts Sheridan and McPherson. 506. Fort Sumner. 242. Forts Bridger, Sanders, and Laramie military reservations; purchase of grazing lands; instructions. 8!)2. Fort Berthold lands; opening of; regulations. 576. G General circular. 656. General circular; mining. 577. General circular; mining. 453. Gerard and McKee scrip. 485. Glacier National Park. 67. Grande Ronde Indian Reservation; Act April 28, 1904. 636. 126 Date of circular. May 31, 1905 33 Mar. 28, 1899 29 Apr. 21, 1900 30 Jan. 31, 1905 33 May 24, 1904 32 July 27, 1900 30 May 3, 1907 35 June 26, 1907 35 June 29, 1908 36 May 21, 1907 35 Aug. 8, 1907 36 Mar. 13, 1912 40 Dec. 15, 1882 1 Mar. 8, 1889 8 June 5, 1885 3 Oct. 4, 1889 9 May 9, 1890 10 July 8, 1898 27 Sep. 22, 1899 29 June 27, 1900 30 Jan. 30, 1901 30 June 21, 1901 30 Oct. 25, 1902 31 Aug. 7, 1903 32 Aug. 2T, 1903 32 May 13, 1904 32 July 16, 1906 35 Sep. 7, 1906 35 July 23, 1907 36 Mar. 12, 1908 36 Feb. 10, 1909 37 Feb. 2, 1912 40 June 6, 1912 .. Apr. 20, 1911 .. Vol. L. D. Page L. D. Page this book. Grande Ronde Indian Reservation; regulations governing sale of lands; Act April 28, 1904. 586. Great Sioux lands. 598. Great Sioux lands; Sec. 21, Act March 28, 1899. 354. Great Sioux reservation; disposal of certain lands there- in. 381. Great Sioux Indian reservation; ceded portion; school lands; Act of March 30, 1904. 656. H Hawaii; leases, Sec. 73, Act April 30, 1900. 195. Hearings on charges by forest officers. 547. Hearings on charges by forest officers. 632. Horn, Round, and Petit Bois Islands. 549. Huntley Irrigation Project; opening of. 686. Huntley and other townsites; sale of lots. 49. Huntley project; reclamation; operations and maintenance. 497. Homestead declaratory statement. 648. Homestead, etc., Act of March 2, 1889. 314. Homestead residence. 582. Homestead settlement. 452. Homestead entry; minor heirs. 543. Homestead settlers; military service; Act of June 16, 1898. 146. Homestead entries in Black Hills forest reserve. 190. Homestead entry by married woman; Act of June 6, 1900; instructions under. 313. Homestead contest; Act of June 16, 1898. 464. Homestead rights of soldiers and sailors of Spanish War and Philippine insurrection, Act of March 1, 1901. 623. Homestead entries on lands temporarily withdrawn for irri- gation purposes, Act of June 17, 1902. 423. Homestead; soldiers' additional; approximation. 206. Homestead; area of entry; Act of June 17, 1902. 237. Homestead entries; aliens; void declarations of intention; Act April 13, 1904. 619. Homestead entries relinquishment within area of irrigation project. 29. Homestead entries within forest reserves. 200. Homestead entries within forest reserves. 30. Homestead in forest reserves survey. 305. Homestead under reclamation project. 448. Homestead entries; fees for excess over 80 acres; instruc- tions. 399. Homestead, three year, with regulations thereunder. 470. 303-311 Homestead suggestions. 503 326 Apr. 10, 1901 30 June 27, Aug. 23, June 4, June 2, June 15, Feb. 21, Apr. 17, Sep. 6, 1899 28 1884 3 1885 3 1908 37 1896 22 1903 32 1901 31 1901 31 Feb. 19, 1902 31 June 29, 1907 35 Apr. 16, 1895 20 Indian allotments; regulations under Sec. 4, Act of Feb- ruary 8, 1889. 546. Indian allotments; Sec. 4, Act of February 8, 1887. 569. Indian homesteads. 91. Indian homesteads. 580. Indian homesteads; trust patent. 219. Indian lands; allotments. 709. Indian lands; allotments; Sec. 7, Act February 8, 1887. 17. Indian lands; commissions; act January 14, 1889. 72. Indian lands; commissions; Acts January 14, 1889, and January 26, 1901. 106. Indian lands; commissions; Acts of March 2, 1889, and August 15, 1894. 250. Indian lands; condemnation; patent. 648. Indian lands; extension of time for payment. 432. 126 Date of circular. Vol. L. D. Page L. D. Page this book. Mar. 3, 1911 39 Indian lands; right of way. 565. July 25 19| Airma Indian lands* use of vacant ceded 605 May Nj 31, 1884 3 Indian occupants. 371. Oct. 6, 1887 6 Indian occupants of public lands. 341. May 7, 1896 22 Indian lands; leave of absence; final proof. 524. Mar. 3, 1909 37 Indian reservations; exchange of lands. 537. Apr. 8, 1901 30 Indian reservations; regulations; right of way; regulations of April 8, 1889, amended. 545. July 17, 1912 40 Indian allotments; sale of; minor heirs; instructions. 179. May 8, 1891 12 Instructions to chiefs of divisions under Act of March 3, 1891, Sec. 7. 450 42 Aug. 29, 1896 23 Instructions under Act of August 4, 1892. 322. Mar. 3, 1903 32 Irrigation; artesian wells, Sec. 2, Act June 17, 1902. 278. Mar. 9, 1909 37 Inspection of lands selected under Carey Act. 489. Apr. 11, 1895 20 Isolated tract. 305. May 16, 1907 35 Isolated tract. 581. Mar. 4, 1908 36 Isolated tract. 301. Oct. 2, 1909 38 Isolated tract. 255, 256. June 6, 1910 39 Isolated tract. 10. Sep. 5, 1907 36 Isolated tract. 110. Dec. 27, 1907 36 Isolated tract. 216. July 18, 1906 35 Isolated tract; Act of June 27, 1906. 44. Apr. 18, 1907 33 Isolated tract; oath of applicant. 518. July 3, 1905 34 Isolated tract; public sale; notice; circular of April 11, 1895, amended. 14. Jan. 19, 1912 40 Isolated tract; Sec. 2455 B. S., as amended bv Act of Con- gress of June 27, 1906. 363. Feb. 11, 1903 31 Instructions under Act of June 17, 1902, relative to reserva- tion of lands for irrigation works and withdrawal of lands susceptible of irrigation. 6. J June 8, 1905 33 Jurisdiction of Department of Interior and Department of Agriculture over applications for rights and privileges within forest reserves. 609. May 15, 1907 35 Jurisdiction; land department; public land; hearings. 565. K May 18, 1895 20 Kickapoo lands opened to entry. 470. Apr. 27, 1907 35 Kinkaid Act; Act of March 2, 1907. 542. Oct. 28, 1908 37 Kinkaid Act. 225. June 17, 1910 39 Kinkaid Act. 18. Oct. 17, 1908 37 Kinkaid Act; lands withdrawn for irrigation. 197. Jun. 19, 1912 40 Kinkaid Act; revised regulations. 369 360 Apr. **J 9, 1903 32 Kiowa, Comanche, and Apache lands; school sections; min- ing laws. 95. Oct. 19, 1906 35 Kiowa, etc., lands; pasture and wood reserves. 239. Dec. 7, 1906 35 Eegulations of October 19, 1906, amended. 347. Feb. 20, 1908 18 Klamath Indian reservation. 166. Jan. 4, 1901 30 Klamath Indian reservation; swamp land. 395. L July 25, 1902 31 Lands in former Ute Indian reservation subject to homo- stead entry, Act of June 13, 1902. 388. June 8, 1906 3'4 Lands in Indian reservation, lien selection, April 21, 1904. 666. Dec. 30, 1903 32 Lands in possession of Indian occupants; circular of Octo- ber 26, 1887, reapproved for reprinting. 382. June 6, 1905 33 Lands withdrawn under Eeclamation Act June 17, 1902. 607. Feb. 2, 1895 20 Land warrant; certificate of location. 95. Mar. 6, 1900 29 Lien selection Act of June 4, 1897. 578, 586. Mar. 9, 1900 29 Lien selection Act of June 4, 1897. 594. May 27, 1905 33 Limitation of acreage, Act August 30, 1890. 605. June 29, 1905 33 Above circular amended. 606. May 4, 1904 33 Limitation of acreage public land, August 8, 1890. 539. 127 Date of circular. June 4, 1909 38 June 11, 1909 38 Oct. 8, 1907 Nov. 13, 1909 Feb. 21, 1908 36 36 June 1, 1909 38 Feb. 18, 1896 37 July 6, 1898 27 May 3T, 1898 27 June 3, 1902 31 Aug. 13, 1907 36 Mar. 27, 1911 39 May 1, 1911 40 Dec. 8, 1911 40 July 19, 1910 39 Nov. 1, 1906 35 July 31, 1910 39 Mar. 15, 1907 35 June 9, 1904 33 July 20, 1904 33 July 26, 1906 35 June 8, 1904 33 May 8, 1901 30 Dec. 1, 1894 19 Apr. 9, 1895 20 July 27, 1900 30 May 4, 1908 36 Mar. 31, 1908 36 Feb. 13, 1905 33 Dec. 27, 1910 39 Mar. 18, 1911 39 Mar. 24, 1911 39 Mar. 31, 1911 39 Mar. 21, 1912 40 June 8, 1911 40 May 11, 1905 33 Feb. 29, 1912 40 July 31, 1906 35 June 3, 1908 36 Apr. 4, 1903 32 Mar. 12, 1904 32 June 8, 1883 2 Feb. 16, 1887 5 Mar. 24, 1887 S May 9, 1882 1 Mar. 11, 1897 24 Nov. 16, 1882 1 Dec. 5, 1884 3 May 11, 1885 3 Jan. 9, 1912 40 Dec. 14, 1885 4 Mar. 29, 1909 37 Aug. 8, 1911 40 Vol. L. D. Page L. D. Page this book. Lembi Indian lands. 25. Lembi Indian lands. 27. Lists of lands for taxation. 116, 194. Locations on unsurveyed land. 153 5 Location of warrants, scrip, etc. 278. (See Soldier Additional Homestead Bights.) Lost and obliterated corners. 1,554 554 Location and assignment of bounty land warrants. 218. Location and assignment of bounty land warrants. 234. Location and assignment of bounty land warrants. 167. (See Bounty Land Warrants.) Louisiana agricultural and mechanical college patent. 348. Lower Brule lands. 54. Lower Yellowstone project. 612. Lower Yellowstone project; reclamation payments. 60. M 315. Mindioka project. Mindioka project. Mindioka project. Military reservation abandoned; Ft. Whitney. Military reservation, Camp Bowie. 124. Military reservation, Camp Independence. 295. Military reservation, Fort Davis. 138. Military reservation, Grass Island. 464. Military reservation, Ft. A. Lincoln, April 23, 1904. 27. Military reservation, Ft. Sherman, July 5, 1884, and June 17, 1902. 130. Military reservation, Ft. Rice homestead entry. 60. Military reservation, Ft. Elliott, sale of lands. 26. Military reservation, Ft. Felterman; right to purchase pas- ture and grazing land. 601. Military reservation, abandoned, Act August 23, 1894. 392. Military reservation, abandoned. 303. Military reservation, abandoned, Ft. Buford. 394. Military reservation, abandoned, Gig Harbor. 391. Military reservation, abandoned, forest reserve. 342. Military reservation, abandoned, timber; Acts of July 5, 1884, and March 3, 1891. 413. Mindioka project. 528. 529. 531. 530. Mindioka project; reclamation; charges. 511. Mindioka project; reclamation payment. 138. Minnesota; certain lands withdrawn for purposes; restored to entry; Act March 3, 1905. 552. Minnesota drainage of swamp and overflowed lands; Act May 20, 1908; instructions. 438. Minnesota; settlers on Indian lands, extension of time for payment. 67. Minnesota lauds, drainage of. 477. Minnesota adjustment of swamp lands, grants to state. 88. Minnesota; adjustment of swamp lands, grants to state. 499. Mining claims. 725. Mining claims. 468. Mining claims. 505. Mining claims, adverse proceedings. 685. Mining claims notice. 266. Mining claims survey. 543. Mining claims survey. 541. Mining claims survey. 542. Mining regulations; paragraph 42 of regulations of March 29, 1909, amended. 347^ Mining regulations. 374. Mining regulations amended 435 Mining regulations. 757. 128 Date of June 11, Dec. 28, Mar. 14, Nov. 7, Jan. 9, Dee. 15, May 21, Dee. 18, July Apr. June Suue Nov. July June July Feb. Mar. Oct. July circular. 1909 38 1907 36 1898 26 1895 21 1905 33 1897 25 1907 35 1903 32 13, 1895 20 20, 1895 20 25, 1895 20 30, 1897 25 26, 1910 39 6, 1895 20 30, 1885 4 3, 1898 26 22, 1897 24 18, 1894 19 3, 1905 34 June 27, 1910 39 Nov. 25, 1910 39 Mar. 31, 1911 39 Jan. 10, 1911 39 Aug. 11, 1909 Apr. 10, 1906 34 May 31, 1904 32 June 27, 1904 33 Feb. 1, 1905 33 Aug. 21, 1905 34 Apr. 15, 1909 37 July 11, 1908 37 July 21, 1902 31 July 20, Aug. 1, June 6, Nov. 4, Mar. 27, Sep. 7, Nov. 14, July 6, Mar. 24, Apr. 29, Aug. 11, Sep. 16, Oct. 12, July 6, Apr. 3, 1898 27 1898 27 1887 5 1895 21 1909 37 1909 38 1901 31 1906 35 1911 39 1907 35 1909 38 1909 38 1886 5 1887 6 1907 35 Vol. L. D. Page L. D. Page this book. Mining regulations, Par. 41. 40. Mining regulations, Par. 42. 225. Mining regulations, Eule 53, amended. 378. Mining regulations amended. 411. Mining regulations, Par. 37, amended. 366. Mining laws and regulations. 561. Mining laws and regulations. 664. Mining laws and regulations, circular of July 26, 1901, re- approved for reprinting. 367. Mineral lauds. 5. Mineral lands, classification. Mineral lands, classification. Mineral lands, classification. Mineral lands, classification. 350. 561. 571. 446. 113, 116. Mineral lands, classification. Mineral lands, classification, account of commissioners. 522, Mineral application. 75. Mineral application notice. 145. Mississippi swamp list No. 7, Act February 17, 1897. 267. Motions for re-review. 306. Mt. Eainier Forest Keserve; Yakima Indian lands, Decem- ber 21, 1904. 13. N National forests, hearings and appeals. 52. National forests, hearings and appeals. 374. National forests, homesteads, reinstatement. 617. National parks. 447. Newspapers, publication, instructions. 236. Nebraska lands, homestead; act April 28, 1904. 546. Nebraska lands, homestead; act April 28, 1904. 670. Nebraska lands, homestead; agents, Act April 28, 1904. 70. Nebraska lands withdrawn under Sec. 1, Act April 28, 1904, restored to entry. 386. Nebraska homestead entries under See. 3, April 28, 1904. 87. Nebraska; sale of certain lands. 580. Naturalization of Japanese, not accepted. 18. Navajo Indian reservation, settlers on; Act July 1, 1902. 381. New Mexico; territorial selection. 281. New Mexico; selections, accounts. 302. New Orleans & Pacific Eailroad grant. 686. Nez Perce Indian lands. 382. Nez Perce lands; isolated tracts. 535. Non-mineral applications for land classified as coal. 181. Non-mineral affidavit; Miss., La., Ark., Fla. 135. Northern Pacific adjustment, Act May 17, 1906. 10. North Platte project. 606. Notaries public as attorneys. 546. Notices, publication of. 131. Notice of opening of forest lands. 207. Notice of hearings and decisions. 204. Notice of decisions and report thereon. Notice of decisions by registered mail; 12. time for appeal. . 492 Mar. 26, 1908 36 Jan. 21, 1907 35 Notice of location of warrants, etc. 346. Notice to Commissioner of Indian Affairs of action affect- ing allotments. 296. June 10, 1908 27 June 26, 1905 33 Sep. 17, 1884 3 Bep. 24, 1884 3 Offered and unoffered lands, Act May 18, 1898. 67, 68. Officers authorized to take final proofs; right to act as agents or attorneys before Land Department. 653. Official telegrams. 111. Official telegrams. 123. 129 Date of circular. Vol. L. D. Page L. D. Page this book. Feb. 10, 1885 3 Official telegrams. 389. Dec. 22, 1884 3 Official correspondence. 263. Jan. 6, 1890 10 Official returns and letters from local office. 2. Mar. 1, 1900 29 Official letters, registration. 649. Sep. 13, 1909 38 Official letters, registration. 190. Feb. 25, 1897 24 Oil lands. 183. June 16, 1911 . . Oil lands and regulations. 680 460 Mar. "28, 1911 39 Okanogan project. 613. Dec. 1, 1908 37 "One quarter section." 330. Apr. 1, 1889 8 Oklahoma Act of March 2, 1889. 336. Nov. 30, 1894 19 Oklahoma, commuted homestead for townsite purposes. 348. Feb. 25, 1897 24 Oklahoma, Greer County. 184. July 14, 1903 32 Oklahoma, Greer County, Act of January 18, 1897. 195. Aug. 20, 1903 32 Oklahoma, Greer County, Act of January 18, 1897. 236. Apr. 13, 1899 28 Oklahoma, Greer County lands. 274. Feb. 14, 1894 18 Oklahoma homestead commutation. 50. Apr. 25, 1898 26 Oklahoma homestead commutation. 567. July 21, 1890 11 Oklahoma lands, general circular. 79. July 7, 1893 17 Oklahoma lauds, sale of ceded lands. 263. Sep. 13, 1893 17 Oklahoma lands, payment for. 51. Dec. 22, 1902 31 Oklahoma lands, homestead, commutation 6/6/00. 445. Aug. 13, 1894 19 Oklahoma lands, extension of time. 296. Jan. 9, 1895 20 Oklahoma lands, commutation of entry. 1. May 17, 1907 35 Oklahoma pasture lands. 573. Apr. 5, 1910 38 Oklahoma pasture lands; extension of time. 545. Mar. 19, 1908 36 Oklahoma pasture reserves. 310, 311. Mar. 22, 1909 37 Oklahoma pasture and wood reserves. 517. May 24, 1890 10 Oklahoma townsites. 604. June 18, 1890 12 Oklahoma townsites. 666. Aug. 18, 1890 12 Oklahoma townsites. 186. Aug. 21, 1890 12 Oklahoma townsites. 187. May 8, 1891 12 Oklahoma townsites. 612. Sep. 5, 1892 15 Oklahoma townsites. 270. Mar. 31, 1893 16 Oklahoma townsites. 341. Nov. 30, 1894 19 Oklahoma townsites. 334. July 10, 1890 11 Oklahoma townsites, costs. 24. July 18, 1890 11 Oklahoma townsites, commuted homestead. 68. Apr. 18, 1894 18 Oklahoma townsites, sale of unclaimed lots. 391. Oct. 7, 1895 21 Oklahoma townsites, board, compensation. 288. Dec. 30,1889 13 Ontanagan Railroad lands. 423 30 July 8, 1885 4 Oregon; forfeited railroad lands. 15. Sep. 14, 1907 . . Order advancing cases. 133 30 Feb. 15, 1892 14 Osage lands. 172. Apr. 26, 1887 5 Osage trust lands. 581. July 18, 1895 21 Otoe and Missouri lands. 55. June 1, 1900 30 Otoe and Missouri lands. 41. Oct. 25, 1910 39 Parks. 316. May 23, 1892 14 Park and cemetery entries. 560. June 24, 1909 38 Pasture lands. 50. Feb. 21, 1907 35 Pasture Reserve No. 3, receiver's receipts. 433. Mar. 16, 1907 35 Pasture and wood reserves; awards to bidders. 466. Sep. 1, 1906 35 Pasture Reserve No. 3; sale of leased lands. 139. Oct. 25, 1882 1 Patent; delivery of. 638. Sep. 14, 1891 13 Patent; delivery of. 448. Oct. 23, 1893 17 Pawnee Indian 'lands. 490. Sep. 22, 1882 1 Placer claim; patent. 685. Dec. 9, 1882 1 Placer claim; area; expenditure. 694. Dec. 18, 1895 21 Practice, closing cases on review. 496. Mar. 30, 1893 16 Practice, motion for review. 334. Aug. 26, 1902 31 Practice notice, Rule 100 construed. 318. M:iy 27, 3905 33 Practice notice, service by publication. 578. Mav 18, 1907 35 Practice, withdrawal of application. 576. June 1, 1909 38 Preference rights. See Contest This Table. 23, 130 Date of circular. Vol. L. D. Page L. D. Page this book. Mar. 25, 1896 22 Private claim; "small holdings." 523. May 1, 1896 22 Private claim; "small holdings." 524. May 14, 1902 31 Private claim; "small holdings." 332. July 24, 1901 31 Private claim; certificate of location notice; Act of June 2, 1858. 45. Sep. 18, 1895 21 Private land claims. 157. June 23, 1908 36 Proceedings on charges by forest officers. 535. Apr. 4, 1898 26 Proof and payment on suspended entries. 488. Sep. 22, 1884 3 Protest cases; testimony. 122. Mar. 17, 1909 37 Public moneys. 495. June 15, 1898 27 Public surveys, retracements. 79. July 29, 1911 40 Proclamation, opening of Pine Eidge and Eosebud lands (regulations thereunder). 164, 167. Feb. 13, 1889 8 Kailroads; Act of March 3, 1887. 348. Nov. 22, 1887 6 Eailroad grants; adjustment of. 276, 544. Sep. 9, 1904 33 Eailroad grants; application for mineral patent, notice to railroad grantee. 262. Jan. 31, 1902 31 Bailroad grants; Northern Pacific; Act July 2, 1864, joint resolution of May 31, 1870. 219. Aug. 4, 1885 4 Eailroad indemnity selections. 80. Sep. 6, 1887 6 Eailroad indemnity lands; resoration of. 131. Nov. 19, 1887 6 Eailroad indemnity lands; restoration of. 328. Dec. 15, 1887 6 Eailroad indemnity lands; restoration of. 419. Dec. 22, 1887 6 Eailroad indemnity lands; above order modified. 456. Oct. 8, 1892 15 Eailroad lands; Act of August 5, 1892. 344. Nov. 30, 1892 15 Eailroad lands; Act of August 5, 1892. 536. Feb. 20, 1896 22 Eailroad lands; Act of January 23, 1896. 204. Aug. 30, 1890 11 Eailroad lands; Act of March 3, 1887, instructions under. 229. Dec. 24, 1890 11 Eailroad lands; Act of September 29, 1890, instruction un- der. 625. Jan. 3, 1891 12 Eailroad lands; Act of September 29, 1890; forfeiture of. 3. Sep. 16, 1892 15 Eailroad lands; forfeited. 298. Mar. 3, 1891 12 Eailroad lands; forfeited. 308. Apr. 8, 1891 12 Eule advancing cases on motion, under Sec. 7, above act. 308. Mar. 2, 1910 38 Eailroad lands; price of. 468. Aug. 29, 1885 4 Eailroad right of way. 150. Nov. 4, 1898 27 Bailroad right of way. 663. July 9, 1894 19 Bailroad selections. 21. Aug. 15, 1894 19 Eailroad selections; advertisement. 105. July 18, 1894 19 Eailroad selections; restoration of. 45. Apr. 9, 1897 24 Bailroad selections; non-mineral proof. 321. May 10, 1897 24 Eailroad selections; non-mineral proof. 416. Dec. 19, 1911 40 Eeclamation; election of water right charges. 317. Feb. 27, 1909 37 Eeclamation. 468. May 31, 1910 38 Beclamation (amended) contests. 620, 697 468 Sep. 13, 1910 39 Eeclamation (amended) assignments. 202. Jan. 18, 1908 36 Eeclamation Act, Sees. 4 and 5. 256. Apr. 4, 1906 34 Eeclamation Act; applications for water rights. 544. May 21, 1904 32 Eeclamation Act; lands held in private ownership; use of water. 647. Oct. 6, 1906 35 Eeclamation Act; withdrawals under; mineral lands. 216. June 27, 1910 39 Beclamation appeals. 51. Oct. 15, 1910 39 Eeclamation contests. 296. Dec. 17, 1910 39 Beclamation entries. 421. Mar. 30, 1910 38 Beclamation entries; approximation. 513. Sep. 9, 1910 39 Beclamation forms. 197. Sep. 17, 1909 38 Beclamation homesteads. 229. Dec. 14, 1909 38 Beclamation homesteads. 344. Feb. 21, 1911 39 Beclamation homesteads; assignment. 504. Feb. 28, 1911 39 Beclamation; leases. 525. Oct. 3, 1910 39 Beclamation; leaves of absence. 278. Dec. 30, 1911 40 Eeclamation, North Platte project; payments. 336. Aug. 16, 1905 34 Eeclamation project; payment for use of water, Act of Feb- ruary 17, 1902. 78. 131 Date of circular. Vol. L. D. Page L. D. Page this book. Aug. 2, 1905 34 Reclamation project; irrigable area; legal subdivisions. 65. July 8, 1908 37 Reclamation; regulations of May 27, 1908, paragraphs 4 and 7, amended. 12, 16. Mar. 21, 1911 39 Reclamation; townsites, water supply. 591. May 27, 1908 37 Reclamation; water right charges. 11, 13. July 13, 1908 37 Reclamation; withdrawals. 27. Nov. 20, 1911 40 Reclamation; homestead amendments of farm unit; adjust- ment of payments. 312. May 18, 1904 32 Records; production in court, Act April 19, 1904. 635. Oct. 6, 1904 33 Records; examination by public. 267. Mar. 3, 1911 39 Red Lake lands. 540. Apr. 6, 1910 38 Red Lake lands; extension of time. 547. May 10, 1904 32 Red Lake Indian reservation; regulations under act of Feb- ruary 20, 1904; for sale of ceded portion. 600. May 27, 1904 32 Red Lake Indian reservation; ceded lands; homestead en- try; qualifications. 603. Feb. 2, 1912 40 Reclamation entry; cancellation of relinquishments. 398, 504. Mar. 14, 1912 40 Reclamation, North Platte project; water service payments. 507, 508. June 16, 1911 40 Reclamation water right applications. 139. Sep. 3, 1884 3 Registered mail. 108. Oct. 11, 1884 3 Registered mail. 140. Railroad Lands. June 1, 1900 30 Regulations of June 24, 1899, amended. 43. Nov. 21, 1899 29 Regulations under Act of July 1, 1898, modified. 316. Feb. 14, 1899 28 Regulations of June 24, 1898, for adjustment of Northern Pacific grant. 103, 470. June 15, 1901 30 Regulations under Act of March 2, 1901, extending provi- sions of Act of July 1, 1898, to certain lands within the indemnity limits of the Northern Pacific land grant. 620. Mar. 28, 1912 40 Regulations; opening of Pine Ridge and Rosebud Indian lands. 518. Feb. 26, 1901 30 Reinstatement of canceled entries, instructions of April 28, 1899 r construed. 495. Apr. 29, 1908 36 Repayment. 388. July 23, 1910 39 Repayment. 141, 146 535 Nov. 2, 1895 21 Repayment; assignee. 366. Apr. 2, 1907 35 Repayment; excess. 492. Jan. 22, 1901 30 Repayment; instructions governing. 430. July 23, 1883 2 Report on appeals. 205. Dec. 18, 1885 6 Report on appeals. 12. June 17, 1895 20 Reservations; abandoned; Act Feb. 15, 1895. 569. July 22, 1890 11 Reservoir lands. 212. June 23, 1899 28 Reservoir for watering live stock. 552. Sep. 24, 1910 39 Residence. 230. Feb. 21, 1911 39 Residence; extension of time. 506. Revised Statutes, Table of. 768 527 Jan. 10, 1899 29 Revised Rules of Practice. 725. July 15, 1901 31 Revised Rules of Practice. 527. (See also Rules of Practice.) See also Rules of Practice. 729. Aug. 29, 1884 3 Right of appeal. 99. Mar. 21, 1892 14 Right of way. See Canals, Ditches, etc. 338. Feb. 20, 1894 18 Right of way. 168. Nov. 27, 1896 23 Right of way. 458. Dec. 23, 1896 23 Right of way. 519. July 8, 1898 27 Right of way. 200. Mar. 8, 1895 20 Right of way; Act of January 21, 1895. 164. June 6, 1908 36 Right of way. 567. May 21, 1909 37 Right of way. 787. Jan. 19, 1910 38 Right of way. 399. Oct. 20, 1910 39 Right of way. 309. Jan. 3, 1888 12 Right of way Act. 423. 132 Date of circular. Apr. 17, 1891 12 June 6, 1908 36 June 26, 1902 31 June 27, 1900 30 Sep. 28, 1905 34 Feb. 23, 1895 20 Feb. 2, 1910 38 Nov. 3, 1909 Jan. 29, 1910 Jan. 7, Mar. 15, Aug. 19, Sep. 21, Apr. 18, Dee. 9, May 26, June 17, 38 38 Oct. 21, 1910 39 Apr. 25, 1906 34 Apr. 14, 1911 40 Aug. 2, 1905 35 Feb. 11, 1904 32 Apr. 18, 1899 28 June 4, 1903 31 July 7, 1905 34 Mar. 1, 1905 33 July 8, 1901 31 June 18, 1906 34 Feb. 2, 1912 40 Dec. 10, 1909 38 Jan. 7, 1910 38 Nov. 28, 1908 37 Jan. 12, 1909 37 Feb. 8, 1909 37 Apr. 5, 1910 38 Sep. 19, 1904 33 Aug. 25, 1908 37 May 23, 1904 32 May 23, 1904 32 July 19, 1904 33 Feb. 9, 1905 33 Jan. 20, 1912 40 Nov. 7, 1905 34 1892 14 1892 14 1893 17 1893 17 1899 28 1910 39 1898 26 1901 30 Mar. 7, 1911 39 Vol. L. D. Page L. D. Page this book. Eight of way for canals, etc., Act March 3, 1891. 429. Eight of way for canals and- ditches. 482. Eight of way for ditches and reservoirs. 303. Eight of way for ditches and reservoirs over the public lands and reservations, regulations concerning. 325. Eight of way for canals, ditches, reservoirs, etc., regula- tions relating to. 212. Eight of way forfeiture, C., M. & St. Paul. 121. Bight of way franchise tax. 414. Eight of way; notation of. 284. Bight of way; power sites. 405. Eight of way; reclamation projects. 334. Eight of way for railroads, canals, reservoirs, etc., amend- ments to regulations concerning. 583. Eight of way, electric power, telegraph and telephone lines, under act of March 4, 1911; Public No. 478. 30. Eight of way; forest reserves; jurisdiction. G4 90 Eight of way of railroads over public lands; regulations concerning. 481. Eight of way regulations; Indian lands. 457 90 Eight of way; reservation in patent; Act August 30, 1890. 147. Eight of way over lands segregated from Yosemite Park and included in Sierra forest reserve. 15. Eight of way; regulations concerning within forest re- serves for dams, reservoirs, water plants, ditches, flumes, pipes, tunnels, and canals; Act of February 1, 1905. 451 90 Bight of way; telegraph and telephone lines, electrical plants, canals, reservoirs, etc. 13 90 Eight of way for telephone and telegraph lines; paragraph 54 of regulations of September 28, 1905, revoked. 693. Eight of way; notation of on entry papers; instructions. 398 159 Eocky Boy lands. 359. Eocky Boy lamlg. 360. Eosebud lands; indemnity school selections. 278. Eosebud lands; regulations modified. 393. Eosebud lands; Gregory County. 442. Bosebud lands; extension of time. 544. Eosebud ceded lands; disposition after expiration of "sixty- day period." 255. Eosebud ceded lands; opening of. 124, 131. Eosebud Indian reservation; ceded lands; homestead en- try; qualifications. 629. Eosebud reservation; opening of ceded Sioux Indian lands; Act of April 23, 1904. 628. Eosebud reservation; Indian land; non-mineral affidavit. 124. Eosebud and Devils Lake Indian reservation; residence; act of February 7, 1905. 408. Eosebud Indian lands; state selections; instructions. 390. Bound Valley Indian reservation; lands opened to settle- ment and entry. 248. Bule of Practice No. 14. 54. Bule of Practice No. 53, amended. 250. Eule of Practice No. 114, amended. 194. Bule of Practice No. 70, amended. 325. Bule of Practice No. 42, amended. 301. Eules of Practice. (New with annotations.) 395 507 Eules of Practice Nos. 11, 14, and 17, amended. 710. Bules of Practice Nos. 17, 44 and 91, amended, and Eule 8i/2 established. 622. Rule No. 10, notice. 552. 133 S Date of circular. Vol. L. D. Page L. D. Page this book. May 23, 1911 40 Sale of lands; errors of Moses' agreements; instructions. ' 212. Feb. 13, 1901 31 Saline land; mining laws, Act of January 31, 1901. 131. Nov. 14, 1901 31 Saline land; non-saline affidavit. 130, 131. Apr. 7, 1909 37 San Bernardino Valley. 575. May 8, 1885 3 Santee Sioux reservation. 534. Scrip; unsurveyed lands. 351, 824 557 Dec. 22,1908 37 Scrip regulations and laws. 816 559 July 29, 1887 6 School indemnity. 703. Dec. 19, 1893 17 School indemnity. 576. Apr. 22, 1891 12 School indemnity; instructions under Act of February 28, 1891. 400. Mar. 11, 1899 28 School indemnity; forest reservations. 195. Feb. 21, 1901 30 School indemnity; forest reservations; instructions of Feb- ruary 28, 1891, modified. 491. Jan. 30, 1904 32 School indemnity selections; forest reserve; Par. 2, of in- structions of February 21, 1901, amended. 423. Mar. 6, 1903 32 School land; indemnity selection; mineral character. 39. Oct. 29, 1902 31 School land; indemnity selection; assignment of base. 438. Jan. 10, 1906 34 School land; indemnity selection. 365. May 10, 1904 32 School land; Sec. 2, Act of February 2, 1863; Act of June 17, 1902. 604. Aug. 9, 1904 33 School land; Indian reservation; Act February 22, 1889. 181. Sep. 14, 1906 35 School land in forest reserves; indemnity selections. 158. Jan. 3, 1902 31 School land; lease; Act of June 21, 1898. 188. June 21, 1905 33 School land; settlement prior to survey; notice of entry. 638. May 24, 1910 38 School selections. 611. Mar. 27, 1908 36 Second desert land entries, Act February 3, 1911. 472. Mar. 23, 1895 20 Second homesteads; Act December 29, 1894. 432. Feb. 29, 1908 36 Second homesteads. 291. Mar. 29, 1910 38 Second homesteads. 507. June 27, 1900 30 Second homestead entries; Act June 5, 1900. 374. June 11, 1907 35 Second homestead entries. 590. Apr. 29, 1905 33 Second homestead entries; Sec. 2298, K. S. 538. Sep. 1, 1905 34 Second homesteads entries; Sec. 3, Act June 5, 1900. 114. May 20, 1904 32 Second and additional homestead entries, Act of April 28, 1904. 639. Feb. 28, 1911 39 Second homestead and desert entries. 524. Oct. 16, 1909 38 Selection lists. 271. Apr. 9, 1909 37 Selection lists under Carey Act. 624. Apr. 16, 1910 38 Serial number registers. 575. Apr. 30, 1907 35 Settlement on school lands; notice of entry. 581. Mar. 25, 1907 35 Settlement; final proof; payment; Los Angeles. 479. June 18, 1900 30 Settlers on ceded Indian reservations; Act May 31, 1900. 361. May 12, 1902 31 Settlers in forest reserves; Act April 15, 1902. 331. Sep. 19, 1889 9 Settlers' leave of absence. 433. Apr. 30, 1887 5 Settlers on northern Kansas railroad lands. 627. Nov. 1, 1890 11 Settlers on railroad lands. 434. Sep. 22, 1902 31 Settlers on railroad and wagon grants. 424. Apr. 20, 1886 5 Settlers on restored railroad lands. 165. Nov. 7, 1890 11 Settlers on Northern Pacific indemnity lands. 435. Aug. 5, 1896 25 Settlers on Northern Pacific indemnity lands. 256. May 22, 1906 34 Settlers on St. Paul, Minneapolis and Manitoba Eailway lands. 630. May 13, 1904 32 Settlers on Wisconsin Central Kailroad and The Dalles mil- itary wagon-road land grants. 620. May 20, 1911 40 Shoshone project; reclamation; public notice. 122. June 4, 1906 34 Shoshone lands; opening of. 645. June 4, 1906 34 Shoshone lands; homestead entrv; qualifications. 647. Feb. 6, 1911 39 Shoshone project. 537. 134 Bate of circular. Vol. L. D. Page L. D. Page this book. Mar. 25, 1911 39 Shoshone project. 538. Jan. 25, 1907 35 Shoshone and Wind River Indian lands; residence. 397. Feb. 9, 1912 40 Shoshone project; reclamation; charges. 422. Mar. 23, 1912 40 Shoshone project; reclamation; water service. 515. May 20, 1895 20 Siletz lands opened to entry. 476. Apr. 19, 1911 40 Siletz lands; homestead entry; Act March 4, 1911. 38. Mar. 25, 1890 10 Sioux Indian lands. 562. Mar. 24, 1890 10 Sioux Indian lands; Act March 2, 1889, Sec. 21. 328. Mar. 22, 1892 14 Sisseton and Wahpeton Indian lands. 302. June 3, 1904 33 Sisseton, Wahpeton, and Cut Head Indian lands; opening of. 8. June 3, 1904 33 Sisseton, Wahpeton and Cut Head Indian lands; homestead entry; qualifications. 9. Mar. 30, 1909 37 Small holding claims. 536. Mar. 16, 1885 3 Soldiers' additional. 472. Oct. 16, 1894 19 Soldiers' additional; Act of August 18, 1894. 302. Apr. 1, 1910 38 Soldiers' additional. 517. Sep. 12, 1908 37 Soldiers' additional applications. 160. May 8, 1901 30 Soldiers' additional homestead; assignment. 604. Feb. 13, 1883 1 Soldiers' homestead entries. 654. July 7, 1904 33) Soldiers' homestead; Sec. 2307, B. S.; residence. 84. July 20, 1904 33 ) Anna Bowes case. 126. Oct. 11,1910 39 Soldiers' and sailors' homesteads. 291 559 See Soldiers' Additional Eights. 816 565 Apr. 15, 1899 28 Southern Ute Indian lands. 271. May 20, 1907 35 Southern Ute Indian reservation; desert lands; Carey Act. 477. Feb. 14, 1906 34 Special agents' reports. 439. Sep. 30, 1907 36 Special agents' reports. 112. Nov. 25, 1907 36 Special agents' reports. 178. Apr. 25, 1908 36 Special agents' reports. 367. Jan. 19, 1911 39 Special agents' reports. 458. May 8, 1884 2 Special agents' reports; hearings on. 807. July 3, 1885 4 Special agents' reports; hearings on. 503. July 6, 1886 5 Special agents' reports; hearings on. 149. Nov. 4, 1895 21 Special agents' reports; hearings on. 367. July 16, 1898 27 Special agents' reports; hearings on. 239. Sep. 17, 1884 3 Special agents' reports; hearings on. 113. Aug. 18, 1899 29 Special agents' reports; proceedings on. 141. Sep. 14, 1907 . . Special order of business. Aug. 31, 1910 39 Spokane lands. 172. Mar. 30, 1908 36 State lists under Carey Act. 342. May 10, 1893 16 State selections. 462. July 9, 1894 16 State selections. 23. Nov. 27, 1896 23 State selections. 459. May 27, 1891 24 State selections. 548. June 17, 1897 24 State selections. 553. Apr. 25, 1907 35 State selections. 537. June 23, 1910 39 State selections. 39. Nov. 22, 1894 20 State selections of desert lands. 440. Aug. 5, 1895 21 State selections of desert lands. 89. Mar. 15, 1898 26 State selections of desert lands. 480. Sep. 20, 1898 26 State selections of desert lands. 635. Nov. 10, 1900 30 State selections; reservation in excess of grant. 344. See Carey Act. 404. Oct. 12, 1892 15 Stone land; timber land; with copy Act August 4, 1892. 360. July 14, 1897 25 Sugar-loaf reservoir site. 15. Aug. 4, 1906 35 Suggestions to homesteaders. 187, 503 ^ Mar. 9, 1908 36 Suggestions to homesteaders. 373, 503 I o 9fi Apr. 10, 1909 37 Suggestions to homesteaders. 638, 503 [** Sep. 24,1910 39 Suggestions to homesteaders. 232, 503 J Suggestions to homesteaders and persons desiring to make Apr. 20, 1911 40 homestead entries; previous circulars amended. 39.. 326 Mar. 28, 1911 39 Sun River project. 614. July 9, 1910 39 Surface patents; Indian allotments. 76. 135 Date Mar. Sep. Sep. Dec. Dec. Jan. Nov. Apr. Apr. Oct. Mar. of circular. 25, 1909 37 7, 1909 38 8, 1910 . . 16, 1891 13 3, 1891 13 12, 1892 14 10, 1883 2 8, 1899 29 15, 1886 4 16, 1896 23 14, 1901 30 Oct. 29, 1898 27 Sep. 7, 1899 29 June 2, 1887 5 Dec. 9, 1890 11 July 29, 1911 40 July 12, 1907 36 Nov. 4, 1905 34 Dec. 13, 1886 5 Sep. 19, 1891 13 June 17, 1905 33 Vol. L. D. Page L. D. Page this book. .Surface rights. 528, 307. Surface rights. 183. Act June 22, 1910. 480. Survey; instructions. 710. Survey; maximum rates. 642. Survey; meandered lake. 119. Survey; manner of closing. 470. Survey; deposits for by railroad companies. 632. Survey on deposit. 488. Survey; restoration of lost corners. 361. Survey; restoration of lost or obliterated corners; circular of October 16, 1896, 23 L. D., reapproved and reprinted in pamphlet form. Survey; penalty for destroying marks of. 574. Survey of settlers' claim in Black Hills reserve. 1!)2. Survey; subdivision of sections. 699. Survey; subdivision of sections; circular of June 2, 1887 (5 L. D., 699, reissued). 603. Survey of mining claim plat. 216. Surveyor-general scrip. 11. Suspension of applications for isolated tracts containing less than 40 acres. 245. Swamp lands. 279. Swamp lands. 301. Swamp lands; field notes of survey. 616. June 11, 1883 2 Mar. 4, 1884 2 Mar. <>2 1884 2 Aug. 19, 1911 40 Mar. 25, 1896 22 Mar. 16, 1909 37 Feb. 1, 1882 1 June 2", 1887 6 Apr. 6, 1893 16 Dec. 20, 1882 1 Feb. 13, 1883 1 July 16, 1889 9 Dec. 3, 1889 9 June 30, 1882 1 May 7, 1886 4 Aug. 5 , 1886 5 May 5, 1891 12 May 5 , 1891 13 Feb. 23, 1897 24 Jan. 26, 1892 14 Aug. 21, 1907 36 Julv 17, 1909 38 Sept. 19, 1902 31 June 9, 1897 24 Oct. 12, 1882 1 Dec. 4, 1899 29 Mar. 3, 1883 1 Nov. 30, 1908 Dec. 4, 1898 27 Dec. 15, 1885 4 Julv 18, 1895 21 Sept. 19, 1898 27 May 15, 1891 12 Aug. 11, 1898 27 O<-t. 24, 1881 1 Mar. 1, 1883 1 June 2, 1908 36 Testimony; place for taking. 231. Testimony; place for taking. 204. Testimony; place for taking. 235. Testimony; preparation of transcript. 230 Timber, Act of Mar. 4, 1896. 350. Timber. 492, 559. Timber culture. 638. approved July 12, 1887. 280. amendatory Act of Mar. 3, 1893. contests. 651. contests. 652. 86. .167 Timber culture; Timber culture; Timber culture; Timber culture; Timber culture; final proof. Timber culture; final proof. Timber cutting. 697. Timber cutting. 521. Timber cutting. 129. Timber cutting. 456. Timber cutting. 149. Timber cutting. 167. Timber cutting. 96. Timber cutting. 73. Timber cutting. 345. 672. 412. .572, 579 565 Timber cutting; Act of July 1, 1898. Timber cutting; exportation. 587. Timber cutting; mesquite. 695. Timber cutting; mineral lands. 349. Timber cutting for railroad construction. 699. P. 289, supplemented. 858 Timber cutting; report of special agents. 682. Timber lands. 289. Timber land, entries made prior to decision in Gibson v. Smith. 67. Timber; protection of. 696. Timber reservations; instructions to special agents. Timber; sale of, on Colville reservation. 366. Timber; trespass. 701. Timber; trespass; measure of damages. 695. Turtle Mountain allotments. 452. 499. 136 Date of circular. June 20, 1907 35 Sept. 30, 1907 36 Feb. 8, 1912 40 Apr. 22, 1911 40 Sept. 26, 1911 40 Aug. 7, 1909 July 9, 1910 39 Mar. 30, 1911 39 Oct. 16, 1905 34 July 15, 1905 34 July 15, 1905 34 Feb. 20, 1906 34 June 13, 1905 33 July 29, 1902 31 Apr. 19, 1905 33 Mar. 2, 1912 40 June 25, 1906 34 Apr. 14, 1898 28 June 5, 1897 24 Feb. 27, 1900 29 May 15, 1907 35 Apr. 5 1883 1 July 9, 1883 1 Apr. 5, 1883 2 May 16, 1911 40 Nov. 3, 1909 Vol. L. D. Page L. D. Page this book. Turtle Mountain Chippewa Indian patents. 608. Turtle Mountain lands. 105. Truckee-Carson project; reclamation; paj'ment. 422. Truckee-Carscn project; reclamation; payment. 51. Timber and stone regulations; revised Aug. 11, 1911. 238. Townsites, parks and cemeteries. 834 211 U Uintah lands. 79. Uintah lands. 617. Uintah lands; disposition after "sixty day period." 176. Uintah lands. Persons not qualified to enter. 8. Uintah lands; regulations governing opening. 7. Uintah lands; residence; Act Jan. 27, 1906. 452. Uintah Indian reservation; unalloted lauds, Acts May 27, 1902, and Mar. 3, 1895. 610. Umatilla Indian reservation lands, sale of, Act of July 1, 1902. 392. Umatilla Indian lands, Act Mar. 3, 1895. 515. Umatilla project; reclamation; charges and payments. 482. Uncomphagre Indian lands; even numbered mineral sections. 650. Uncomphagre Alte lands. 88. Unearned fees and unofficial moneys. 505. Unearned fees and unofficial moneys. 649. Unearned fees and unofficial moneys. 568. Unlawful inclosures. 684. Unlawful inclosures. 684. Unlawful inclosures of public lands. 640. Umatilla project; reclamation jpayment. 96 Unsurveyed lands, locations. 153 85 June 13, 1896 22 July 1, 1911 June 9, 1908 36 Apr. 30, 1909 37 Mar. 25, 1907 35 Mar. 22, 1909 37 Apr. 20, 1909 37 Jan. 30, 1911 39 Mar. 5, 1910 38 Vacancy in local office, applications. 704. Vacant Land Circular No. 42 July 7, Dec. 26, July 5, July 24, Aug. 5, Aug. 6, Aug. 14, Sept. 16, Dec. 6, July 23, June 9, Apr. 14, 1906 35 1907 36 1901 31 1901 31 1901 31 1901 31 1901 31 1901 31 1901 31 1910 39 1908 36 1911 40 W Warrant and scrip locations. 501. Warrant and scrip locations. 617. Washington; state of; final proof desert land entries; exten- sion of time. 478. Water-rights. 521. Water rights; applications. 581 Water rights; Forms. 542. Water rights; mortgage foreclosure. 480. Adjudication. 867 587 Wausau land district; withdrawal in; Act June 27, 1906. 11, White Earth patents. 210. Wichita & Kiowa, Comanche and Apache lauds, homestead entry, qualifications. 9. Wichita and Kiowa, Comanche and Apache lands, home- stead, commutation. 46. Wichita and Kiowa, Comanche and Apache lands, regula- tions. 62. Wichita and Kiowa, Comanche and Apache lands, regula- tions, Aug. 5, 1901, amended. 63. Wichita and Kiowa, Comanche and Apache lauds, regula- tions, Aug. 5, 1901, amended. 67. Wichita and Kiowa, Comanche and Apache lands; disposi- tion after expiration of "sixty day period." 107. Wichita and Kiowa, Comanche and Apache lands; mining claim within townsite, June 6, 1900. 154. Wisconsin lands. 111. Wisconsin; settlers on railroad lands. 504. Williston project; reclamation; water supply; payments. 31. 197 Date of circular. Vol. L. D. Page L. D. Page this book. Mar. 22, 1911 39 Witnesses. 601. June 1, 1908 36 Witness fees and mileage. 473. Nov. 16, 1889 7 Wyoming school lands. 585. July 23, 1898 27 Wyoming; export of timber from. 276. May 27, 1905 33 Yakima Indian reservation; Act Dec. 21, 1904. 579. June 28, 1905 33 Yakima Indian reservation; unalloted lands. 671. Yakima Indian reservation; Dec. 21, 1904. 673. July 1, 1904 33 Yakima Indian reservation; suspension of, application to purchase lands under Act June 3, 1878. 83. May 17, 1895 20 Yankton lands opened to entry. 435. June 19, 1906 34 Yellowstone forest reserve; certain lands opened to home- stead settlements and entry. 700. May 9, 1910 38 Yuma and Colorado Eiver project lands. 589\ Mar. 8, 1912 40 Yuma project; reclamation; payment. 492. Apr. 14, 1911 40 Yakima project; reclamation; water rights. 33. HOMESTEAD FINAL PROOF. COMMUTATION. 1. Entries subject to commutation. 2. Entries not subject to commutation. 3. Residence, improvement and cultivation. 4. Notice of intention to make proof. 5. Form of testimony of claimant. 6. Right to commute, Sec. 2301, R. S. 7. Rules to be observed in passing on final proofs. 8. Special circulars and instructions. 9. By whom proof may be offered. 10. How proofs may be made. 11. Publication fees. 12. Duty of officers before whom proofs are made. 13. Fees and commissions. 14. Alienation after proof and before patent. 15. Relinquishments. 16. Designation of lands. 17. Compactness fees. 18. Setting of final proofs. Instructions Relative to Publication of Final-Proof Notices and Concerning the Discretionary Authority of Registers in the Selection of Newspapers for That Purpose. First. Publication of notice of intention to make final proof. Second. Must be published in paper nearest land. Third. Need not be in same county. Fourth. Authority of register. v Fifth. Discretion of register efficiency of newspapers. Sixth. Care to be used in observance of rules. Seventh. Persons seeking to make proof not allowed to select paper. Eighth. Above rules not applicable to timber and stone lands. Ninth. Filing of complaint. Tenth. Information necessary to filing of complaint. Eleventh. Authority of register and receiver in case of complaint; right of appeal. Twelfth. Failure to appeal. Thirteenth. Procuring of publication of final-proof notices by register. Homestead and Pre-emption Entries. 1. Act of Congress of Mar. 3, 1879 (20 Stat., 472), page 49. 2. Circular of April 10, 1909, requirements. 40. How proofs may be made. 41. Publication fees. 42. Duty of officers before whom proofs are made. 138 Desert Land Entries. 1. Circular of June 27, 1887 (5 L. D., 708), paragraph 13. 2. Act of Congress of Mar. 11, 1902 (32 Stat., 63), giving implied statu- tory sanction to above-quoted circular requirement. 3. Circular of Nov. 30, 1908 (37 L. IX, 312), paragraphs 20 and 21, repeat- ing requirement of publication. Timber and Stone Cash Entries. 1. Act of Congress of June 3, 1878 (20 Stat., 89), section 3. 2. Circular of Nov. 30, 1908 (37 L. D., 289), paragraph 25, expressing the requirement imposed by section 3 of the above-mentioned act. Carey Act Selections. 1. Act of Congress of Aug. 18, 1894 (28 Stat., 372, 422), commonly known as "the Carey Act." (Section 2.) 2. Circular of Apr. 9, 1909, renewing and repeating provisions of previous circulars (paragraph 15). Grants to States and Territorits for Educational Purposes. 1. Circular of Apr. 25, 1907 (35 L. D., 537), paragraphs 9, 10 and 11. Isolated Tracts of Public Lands. 1. Section 2455, U. S. Eevised Statutes, as amended by the Act of Con- gress of June 27, 1906 (34 Stat., 517). 2. Circular of July 18, 1906 (35 L. D., 44), paragraph 7. Scrip, Military Bounty Land Warrants, Soldiers' Additional Homestead, Forest Reserve, and Other Lieu Selections and Locations. 1. Circular of Feb. 21, 1908 (36 L. D., 278), paragraphs 2 and 3. Mineral Lands and Mining Resources. 1. Section 2325, U. S. Eevised Statutes. 2. Mining regulations of Mar. 29, 1909 (37 L. D., 728), rules 45, 46 and 47. Coal Lands. 1. Section 2325, U. S. Eevised Statutes. (See said section quoted above.) 2. Circular of Apr. 12, 1907 (35 L. D., 665), reprinted July 11, 1908, para- graphs 17 and 18. Exchange of Public Lands for Lands in Private Ownership Within the Limits of Any Indian Reservation Created by Executive Order. 1. Act of Congress of April 21, 1904 (33 Stat,, 211). 2. Circular of March 3, 1909 (37 L. D., 537), paragraphs 11 and 12. Alaskan Coal Lands. 1. Act of Congress of Apr. 28, 1904 (33 Stat., 525), section 2. 2. Circular of July 18, 1904 (33 L. D., 114). 1. All original, second, and additional homestead, and adjoin- ing farm entries may be commuted, except such entries as are made under particular laws which forbid their commutation. 2. Commutation proof can not be made on homestead entries allowed under the Act of April 28, 1904 (33 Stat., 547), known as the Kinkaid Act; entries under the Reclamation Act of June 17, 1902 (32 Stat., 388) ; entries under the Enlarged Homestead Act (post, par. 46 et seq.) ; entries allowed for coal lands under the Act of June 22, 1910 (36 Stat., 583), so long as the land is withdrawn or classified as coal; additional entries allowed under the Act of April 28, 1904 (33 Stat., 527, Appendix No. 4) ; second entries allowed under the Act of June 5, 1900 (31 Stat., 267, Appendix No. 5) ; or second entries alllowed under the Act of May 22, 1902 139 (32 Stat., 203, Appendix No. 5), when the former entry was commuted. An exception to prohibition of commutation proof in cases where entry is made subject to the Act of June 22, 1910, and that is where the settler initiated his entry, selection or location in good faith prior to the passage of the Act. See law and circular of instruc- tions thereunder, page 480. 3. Where there has been, immediately prior to the" application to submit proof on a homestead entry, or immediately prior to the submission of proof, at least 14 months' actual and substantially continuous residence, accompanied by improvement and cultivation, the entryman, or his widow or heirs, may obtain patent by proving such residence, improvement, and cultivation, and paying the cost of such proof, the land office fees, and the price of the land, which is $1.25 per acre outside the limits of railroad grants and $2.50 per acre for lands within the granted limits, except as to certain lands which were opened under statutes requiring payment of a price different from that here mentioned. (See circular of Oct. 18, 1907, Appendix No. 14.) NOTICE OF INTENTION TO MAKE PROOF. 4. Persons desiring to submit commutation or other final proof in homestead and desert land cases are required to present a writ- ten notice of intention to make final proof to the Register and Receiver of the land office for the district in which the land is situated. This notice must be plainly written. It must contain a statement showing the number and date of entry, with correct description of the land involved, the character of proof the claimant wishes to submit, and the names of four disinterested witnesses, with their postoffice addresses. The Christian names of the wit- nesses must be given in full, for example John J. Smith. Do not abbreviate nor give the initial of the Christian name. An improper application to submit final proof creates much unnecessary work on the part of the officers, and becomes a source of annoyance to the entryman, always resulting in delay. We present herewith appli- cation to submit proof made on approved form. 4-348. NOTICE OF INTENTION TO MAKE PROOF. DEPARTMENT OF THE INTERIOR. U. S. Land Office at . ,19 I, , of , who, on , 19. . . .j made , No , for Section , (Kind of application or entry.) Township , Range , Meridian, hereby give notice of my inten- tion to make final proof, to establish my claim to the land above (If homestead, insert "five year'' or "commutation," as case may be.) described, before , at , on the (Name of officer.) day of , 19. . . ., by two of the following witnesses: ,of ,of ,of , of (Signature of claimant.) ,19- 140 Notice of the above intention to make proof will be published in the (Name of newspaper.) (I'lace of publication.) for a period of consecutive , which I hereby designate as the newspaper published nearest the land above described. Register. The date of making proof and the name of the paper in which the notice is to be published must be left blank. The date will be fixed and the newspaper designated by the Register of the Land Office. Upon the filing of the notice of intention to make final proof, notices of the same are made in triplicate. One of these notices is posted in the Land Office, one going to the chief of field division for the district, and the other to the newspaper designated by the Register to publish the same. Publication is made for six weeks prior to date set for the taking of proof. Publication fee must be paid by the entryman. The charge may vary in homestead cases in different localities. In the Mountain States the fee of the pub- lisher is $8 and this is considered a very reasonable charge. Of the four witnesses named by claimant, he must produce two to give testimony in support of his entry. The testimony of wit- nesses and claimant must be taken separately and without the hear- ing of each other. Officers failing to follow this practice are violat- ing the regulations of the Department in such cases. The claimant is required to pay the charges of making the papers in connection with final proofs where the same are not taken before the Register and Receiver of the Land Office. For sched- ule of legal charges see 441. Whether the testimony is taken before the Register or Receiver or other officers, the Register and Receiver are allowed to charge the legal rate for examination of testimony in homestead final proof cases. The cost of examination of proof varies according to the State and number of words involved, ranging from 75 cents to $3. Final proofs are passed on by the Register and Receiver as soon as possible consistent with public business. Payment of either the price of the land under commutation, or final commissions, will not be accepted till the proof has been examined and found satisfactory. If the proof is found satisfactory, the same will be passed, otherwise it will be rejected. Due notice of which will be sent the claimant. In case the proof is approved, the claimant will be given a reason- able 'opportunity to make payment, usually from ten to thirty days. If the claimant fails to make the payment within the time allowed when called for, the proof will be rejected, and a new proof will be required. Should the claimant fail to appear before the officer designated to take the proof at the time set, or within ten days thereafter, his application will be rejected. Taking of proof may be continued under certain circumstances. IMPORTANT TO KNOW. It is important to know the date the claimant established his residence; the date he completed his house and established his residence therein, and the character and extent and value of his 141 improvements, and the amount of land cultivated and crops produced. The questions submitted to claimant and witnesses are substan- tially the same. All absences of the entryman must be noted. In view of so many inquiries for information as to what the claimant and his witnesses must know of their own knowledge when giving evidence in final proofs in homestead cases, we give herewith the information required on claimant in such cases, as is disclosed by the questions contained in approved form of deposition of claimant. 4369. Form approved by the Secretary of the Interior, November 23, 1908. DEPAETMENT OF THE INTERIOR, HOMESTEAD-ENTRY. U. S. Land Office , No Receipt No FINAL PROOF. TESTIMONY OF CLAIMANT. Question 1. What is your full name, age, and post-office address? Answer Question 2. Are you a native-born citizen of the United States, and if so, in what State or Territory were you born? (If foreign born, see Note 1.) Answer Question 3. Are you the same person who made Homestead Entry No. , at the Land Office on the day of 19. . . ., for the , Section , Township , Range , Meridian? Answer Question 4. (a) Are you married or single? Answer (b) If married, of whom does your family consist? Answer (c) If a married woman, state whether your husband now has an unper- fected homestead entry, and during what time he has resided on this land with you? Answer Question 5. (a) When did you first establish actual residence upon this land? Answer (b) When was your house built on this land? Answer (c) Have either you or your family ever been absent from the homestead Answer since establishing residence? (d) If there has been such absence give the dates covered by each absence; and as to each absence state whether you, your family, or both, were thus absent and the reason for each such absence? Answer Question 6. Describe the land embraced in above entry by legal sub- divisions, showing fully the character of same, and kind and amount of timber, if any. Answer Acres Acres Feet Subdivision. Cultivable. Timbered. Timber. Question 7. State by subdivisions the number of acres cultivated, kind of crop planted, and amount harvested, each year. How many acres of the claim are now cleared, or broken, and under cultivation? If used for grazing only, state number and kind of stock grazed each year and by whom owned. Answer Question 8. Describe fully and in detail the amount and kind of improve- ments on each subdivision. State total value of improvements on the claim. Answer . 142 Subdivision. , Character of Improvements. Question 9. Is your present claim within the limits of an incorporated town or selected site of a city or town, or used in any way for trade or business .' Answer Question 10. Are there any indications of coal, salines, or minerals of any kind on the land? If so, describe what they are. Answer Question 11. Have you ever made any other homestead entry? If so, describe the same. Answer Have you sold, conveyed, or agreed to sell or convey any portion of the land; if so, to whom and for what purpose? Answer Question 13. Have you optioned, mortgaged, or agreed to option or mort- gage, or convey this land, or any part thereof; if so, when, to whom, and for what purpose and in what amount? Answer Question 14. Have you any personal property of any kind elsewhere than on this claim? If so, describe the same, and state where the same is kept. Answer Question 15. Describe by legal subdivisions, or by number, kind of entry, and office where made, any other entry or filing (not mineral) made by you since August 30, 1896. Answer . (Sign plainly, with full Christian name.) Note 1. If applicant is alien born, he should state the fact and file evi- dence of citizenship in due form, either a certificate of his own naturalization in a court of competent jurisdiction, or, if claiming to be a citizen by virtue of his father's naturalization and his own minority and residence in the United States at the date thereof, or, if a married woman claiming citizenship by virtue of her husband's nativity or naturalization, then record evidence of the naturalization of the father, or husband, or an affidavit as to the nativity of the latter. Note 2. The officer before whom the proof is made will see that all answers are complete and responsive to the questions. Note 3. The officer before whom the deposition is taken should call the attention of the witness to section 5392 of the Kevised Statutes (over), and state to him it is the purpose of the Government, if it be ascertained that he testifies falsely, to prosecute him to the full extent of the law. I Hereby Certify that the deponent was examined separately and apart from the other witnesses in the case; that the foregoing deposition was read to or by deponent in my presence before deponent affixed signature thereto; that deponent is to me personally known (or has been satisfactorily identified before me by ) ; that I verily believe deponent to be the (Give full name and post-office address.) identical person hereinbefore described, and that said deposition was duly sub- scribed and sworn to before me at my office, in , (Town, county, and State.) within the land district, this day of . ., 19.. (Official designation ct" officer.) FINAL AFFIDAVIT REQUIRED OF HOMESTEAD CLAIMANTS. I, , having made a Homestead Entry of the , Section , Township , Range , Meridian, subject to entry at , under section No. 2289 of the Revised Statutes of the United States, do now apply to perfect my claim thereto by virtue of section No of the Revised Statutes of the United States; and for that purpose do solemnly that I am a (Native-born or naturalized.) citizen of the United States; that I have made actual settlement upon and have cultivated and resided upon said land since the day of 19 , to the present time ; that no part of said land has been alienated, except as provided in section 2288 of the Revised Statutes; but that I am the sole bona fide owner as an actual settler; that 1 143 will bear true allegiance to the Government of the United States; and, further, that I have not heretofore perfected or abandoned an entry made under the homestead laws of the United States, except (Sign plainly with full Christian name.) Note. Every person swearing falsely to the above affidavit will be pun- ished as provided by law for such offense. (See Sec. 5392, R. S., below.) I Hereby Certify that the foregoing affidavit was read to or by affiant in nty presence before affiant affixed signature thereto; that affiant is to me personally known (or has been satisfactorily identified before me by (Give full name and post-office address.) that I verily believe affiant to be a credible person and the identical person hereinbefore described, and that said affidavit was duly subscribed and sworn to before me, at my office, in (Town.) , this day (County and State.) Of . ,19.. (Official designation of officer.) REVISED STATUTES OF THE UNITED STATES. Title LXX. CRIMES. Chap. 4. Sec. 5392. Every person who, having taken an oath before a competent tribunal, officer, or person, in any case in which a law of the United States authorizes an oath to be administered, that he will testify, declare, depose, or certify truly, or that any written testimony, declaration, deposition, or cer- tificate by him subscribed is true, willfully and contrary to such oath states or subscribes any material matter which he does not believe to be true, is guilty of perjury, and shall be punished by fine of not more than two thousand dollars, and by imprisonment, at hard labor, not more than five years; and shall, more- over, thereafter he incapable of giving testimony in any court of the United States until such time as the judgment against him is reversed. (See Sec. 1750.) Note. In addition to the above penalty, every person who knowingly or willfully in anywise procures the making or presentation of any false or fraudu- lent affidavit pertaining to any matter within the jurisdiction of the Secretary of the Interior may be punished by fine or imprisonment. REVISED STATUTES. For Sec. 2301, relative to payment and price of land, see page 529. RULES TO BE OBSERVED IN PASSING ON FINAL PROOFS. [Circular.] Department of the Interior, General Land Office, Washington, D. C., May 9,1906. Circular of July 17, 1889 (L. D., 123), is hereby revoked and the following rules substituted therefor, viz.: 1. Final proofs in all cases where the same are required by the general land laws or regulations of the Department, must be taken in accordance with the published notice; provided, however, that such testimony may be taken within ten days following the time advertised in cases where accident or unavoidable delays have prevented the applicant or his witnesses from making such proof on the day specified. Section 7 of the Act of March 2, 1889 (25 Stat., 854). 2. Where final proof or any part thereof has not been taken on the day advertised, or within ten days thereafter under the exceptions and as required in Rule 1, you will direct new advertisement to be made; and if no protest or objection is then filed the proof theretofore submitted, if in compliance with the law in other respects, may be accepted. 3. If the testimony of either claimant or witness is taken at a different place than that advertised the Commissioner may, if in his opinion same is required, cause new advertisement for the proof to be taken at such place as he may deem advisable, or if in his opinion new advertisement is unnecessary, and no protest or objection has been filed the proof theretofore submitted, if regular in all other respects, may be accepted without further testimony. 4. When a witness not named in the advertisement is substituted for an 144 advertised witness, unless two of the advertised witnesses testify, require new advertisements of the names of the witnesses who do testify at such time and place as you may direct; and if no protest or objection is then filed, the proof theretofore submitted, if satisfactory in all other respects, may be accepted. 5. Where final proof is taken before an office not named in the advertise- ment, it may be accepted if otherwise sufficient, provided the proof is taken at the time and place designated in the printed notice, or within ten days thereafter under the exceptions provided in Rule 1; and provided further, that both the officer advertised to take such proof and the officer taking same shall officially certify that no protest was at any time filed before him against the claimant's entry. 6. Evidence of declaration of intention to become a citizen of the United States or other evidence necessary to establish citizenship of foreign-born applicants should be received only when under the hand and seal of the proper officer of the court in which such papers appear of record. However, where it is shown that the judicial record has been lost or destroyed, proof of citizenship in such cases may be established under the rules governing the introduction of secondary evidence. 7. When proof is made before the register or receiver and the final cer- tificate does not bear the date of proof, the register must indorse on the back of the final certificate of entry, at the time of its issuance, a brief statement of the reason for the delay in issuance of final papers, the indorsement to be in each instance signed by the register. If the delay was caused by failure of applicant to tender the money or other consideration at the time of making proof, additional evidence must be furnished showing that the claimant had not, at date of certificate, transferred the land, which evidence may consist of his affidavit taken before some officer authorized to administer oaths. In cases where it appears that the delay in issuance of final papers was not the fault of the claimant, the proofs being otherwise regular, the Commissioner of the General Land Office may in his discretion pass same to patent. 8. When proof is made before any officer other than the register or receiver a reasonable time will be allowed for the transmission of papers to the local office, and if a longer interval is shown between date of proof and date of certificate, if the proof is otherwise sufficient and the record contains no reason for the delay, the register will indorse upon the back of the final certificate the statement required by Rule 7; and if such delay was the fault of the claimant, require the additional evidence prescribed by Rule 7. 9. Where final proof has been accepted by the local officers prior to pro- mulgation of this circular, if in other respects satisfactory except as to delay in issuance of final papers as required by Rule 7, the Commissioner of the Gen- eral Land Office may, if in his opinion the facts and circumstances so warrant, pass the cases to patent in the absence of other objection. W. A. Richards, Commissioner. Approved: E. A. Hitchcock, Secretary. HOMESTEAD COMMUTATION SECTIONS 9 AND 10, ACT MAY 29, 1908. [Circular.] Department of the Interior, General Laud Office, Washington, D. C., June 13, 1908. Registers and Receivers, United States Land Offices. , Sirs: Your attention is called to sections 9 and 10 of the Act of Congress approved May 29, 1908 (Public No. 160), which read as follows: Sec. 9. That no final certificate issued upon proof offered under the com- mutation provisions of the homestead laws prior to the passing of this Act shall be canceled solely upon the ground of insufficient residence in any case where such proof shows that the entryman had in good faith resided upon and improved the lands covered by his entry for at least eight months within the year immediately preceding the submission of such proof, and in all such cases where the final certificate has been canceled because of insufficient residence such certificate shall, upon application made therefor by the entryman, his heirs or assigns, within one year from the passage of this Act, be reinstated and confirmed if no fraud was practiced by the entryman and no valid adverse rights have attached to the land affected thereby at the date of the filing of such application. 140 Sec. 10. That no homestead entry made heretofore under the provisions of section 2 of the Act of Congress entitled "An Act for the relief of the Colo- rado Co-operative Colony, to permit homestead entries in certain cases, and for other purposes," approved June fifth, nineteen hundred, shall be canceled for the reason that the former entry made by the entryman was commuted under the provisions of an Act entitled "An Act relating to the public lanas of the United States," approved June fifteenth, eighteen hundred and eighty (Twenty- first Statutes, page two hundred and thirty seven). And all entries heretofore canceled on the ground that an entryman who commuted under the provisions of said Act of June fifteenth, eighteen hundred and eighty, is not entitled to the benefits of the Act of June fifth, nineteen hundred, shall be reinstated upon a showing by the entryman or his heirs, within one year from the approval of tliis Act, that there were no valid grounds for the cancellation of such entries except that a former entry was perfected under the Act of June fifteenth, eighteen hundred and eighty, in all cases where valid adverse rights have not attached to the lands covered by such second entries since the date of their cancellation. 2. Section 9 requires the acceptance and approval of all homestead com- mutation proofs upon which final certificates issued prior to May 29, 1908, and have not been canceled, wherein it is shown that the entryman had in good faith actually resided upon and cultivated the land covered by their entries for at least eight months during the twelve months immediately preceding the date on which the proof was offered, if there are no other good reasons to the contrary, and directs the reinstatement of canceled final certificates based upon such proofs in all cases where no fraud was practiced and no valid adverse rights have attached at the date of application for such reinstatement. 3. The residence referred to in this section need not have been continuous, and it is immaterial whether it began within six months after date of the entry, but it must in all cases be bona fide and actual and of such duration as to amount in the aggregate to eight months during the preceding twelve months. 4. In all cases where contests or protests have been initiated, or hearings or investigations ordered, under proofs and certificates affected by Sec. 9, final action on such proof and certificate will await and be controlled by the result of such contests, protests, hearing, or investigation. 5. In all cases where certificates affected by Sec. 9 have not been canceled, they will be considered and acted upon without further action by the entry- men, except in cases where entrymen are called upon to furnish supplemental proof, or to defend against protests or contests. 6. In all cases where certificates affected by Sec. 9 have been canceled because of insufficient residence, the entryman, or his heirs and assigns, must, before May 29, 1909, file with the proper register and receiver his application for reinstatement, specifically setting forth the grounds therefor, and showing that no fraud was practiced in connection with such final certificate. As soon as an application of this kind has been filed, the register and receiver will at once forward it to this office, with their report as to the status of the land affected, and their recommendation as to its allowance. This section does not authorize the reinstatement and approval of rejected final proof upon which no final certificate has issued. 7. See. 10 validates all uncanceled entries made prior to May 29, 1908, under Sec. 2, Act of June 5, 1900 (31 Stat., 267), by persons who had pur- chased under Sec. 2 of the Act of June 15, 1880 (21 Stat., 237), and author- izes the reinstatement of canceled entries of that kind in cases where valid adverse rights have not attached; but this Act will not prevent the cancella- tion of such entries on any other proper grounds. 8. Entrymen, or their heirs, seeking the reinstatement of canceled entries affected by Sec. 10, must, before May 29, 1909, file with the proper register and receiver a sworn application for such reinstatement, setting forth the fact that no valid adverse rights have attached prior to the pre- sentation of their application. As soon as an application of this kind has been filed, the register and receiver will at once forward it to this office, witli their report as to the status of the land affected and their recommendation as to its allowance. Very respectfulh, S. V. Proudfit, Approved: Acting Commissioner. Frank Pierce, Acting Secretary. 146 REGULATIONS AS CONTAINED IN CIRCULAR NO. 10 OP THE GENERAL LAND OFFICE. HOMESTEAD FINAL AND COMMUTATION PROOF. 38. Either final or commutation proof may be made at any time when it can be shown that residence and cultivation have been maintained in good faith for the required length of time, but if final proof is not made within seven years from the date of a home- stead entry the entry will be canceled unless some good excuse for the failure to make the proof within the seven years is given with satisfactory final proof as to the required residence and cultivation made after the expiration of the seven years. 39. By Whom Proof May Be Offered. Final proof must be made by the entrymen themselves, or by their widows, heirs, or devisees, and can not be made by their agents, attorneys in fact, administrators, or executors, except in the cases hereinafter men- tioned. In order to submit final five-year proof the entryman, his widow, or the heir or devisee submitting proof must be a citizen of the United States. As a general rule commutation proof may be submitted by one who has declared his or her intention to become a citizen, but on entries made for land in certain reservations opened under special Acts the person submitting commutation proof must be a citizen of the United States. An entry woman who marries after making an entry must, in submitting proof, show the citizenship of her husband, as she by her marriage takes his status in respect to citizenship. (a) If an entryman becomes insane after making his entry and establishing residence, patent will issue to the entryman on proof by his guardian or legal representative that the entryman had com- plied with the law up to the time his insanity began. In such a case if the entryman is an alien and has not been fully naturalized evidence of his declaration of intention to become a citizen is sufficient. (b) Where entries have been made for minor orphan children of soldiers and sailors, proof may be offered by their guardian, if any, if the children are still minors at the time the proof should be made. (c) When an entryman has abandoned the land covered by his entry and deserted his wife, she may make final or commutation proof as his agent, or, if his wife be dead and the entryman has deserted his minor children, they may make the same proof as his agent, and patent will issue in the name of the entryman. (d) When an entryman dies leaving children, all of whom are minors, and both parents are dead, the executor or administrator of the entryman, or the guardian of the children, may, at any time within two years after the death of the surviving parent, sell the land for the benefit of the children by proper proceedings in the proper local court, and patent will issue to the purchaser ; but if the land is not so sold, patent will issue to the minors upon proof of death, heirship, and minority being made by such administrator or guardian. 40. Ho\v Proofs May Be Made. Final or commutation proofs may be made before any of the officers mentioned in paragraph 16 as being authorized to administer oaths to applicants. 147 Any person desiring to make homestead proof should first for- ward a written notice of his desire to the Register and Receiver of the Land Office, giving his postoffice address, the number of his entry, the name and official title of the officer before whom he desires to make proof, the place at which the proof is made, and the name and postoffice addresses of at least four of his neighbors who can testify from their own knowledge as to facts which will show that he has in good faith complied with all the requirements of the law. 41. Publication Fees. Applicants shall hereafter be required to make their own contracts for publishing notice of intention to make proof, and they shall make payment therefor directly to the publishers, the newspaper being designated and the notice prepared by the Register. 42. Duty of Officers Before Whom Proofs Are Made. On receipt of the notice mentioned in the preceding paragraph, the Register will issue a notice naming the time, place, and officer before whom the proof is to be made and cause the same to be published once a week for five consecutive weeks in a newspaper of established character and general circulation published nearest the land, and also post a copy of the notice in a conspicuous place in his office. On the day named in the notice the entryman must appear before the officer designated to take proof with at least two of the wit- nesses named in the notice ; but if for any reason the entryman and his witnesses are unable to appear on the date named, the officer should continue the case from day to day until the expiration of ten days, and the proof may be taken on any day within that time when the entryman and his witnesses appear, but they should, if it is at all possible to do so, appear on the day mentioned in the notice. Entrymen are advised that they should, whenever it is possible to do so, offer their proofs before the Register or Receiver, as it may be found necessary to refer all proofs made before other officers to a special agent for investigation and report before patent can issue, while, if the proofs are made before the Register or Receiver there is less likelihood of this being done, and there is less probability of the proofs being incorrectly taken. By making proof before the Register or Receiver the entrymen will also save the fees which they are required to pay other officers, as they will be required under the law to pay the Register and Receiver the same amount of fees in each case, regardless of the fact that the proof may have been taken before some other officer. Entrymen are cautioned against improvidently and improperly commuting their entries, and are warned that any false statement made in either their commutation or final proof may result in their indictment and punishment for the crime of perjury. 43. Fees and Commissions. "When a homesteader applies to make entry he must pay in cash to the Receiver a fee of $5 if his entry is for 80 acres or less, or $10 if he enters more than 80 acres. And in addition to this fee he must pay, both at the time he makes entry and final proof, a commission of $1 for each 40-acre tract, entered outside of the limits of a railroad grant and $2 for each 40-acre tract entered within such limits. Fees under the Enlarged Homestead Act are the same as above, but the commissions are based 148 upon the area of the land embraced in the entry (see par. 48). On all final proofs made before either the Register or Receiver, or before any other officer authorized to take proofs, the Register and Receiver are entitled to receive 15 cents for each 100 words reduced to writing, and no proof can be accepted or approved until all fees have been paid. In all cases where lands are entered under the homestead laws in Arizona, California, Colorado, Idaho, Montana, Nevada, New Mexico, Oregon, Utah, Washington and Wyoming, the commission due to the Register and Receiver on entries and final proofs, and the testimony fees under final proofs, are 50 per cent more than those above specified, but the entry fee of $5 or $10, as the case may be, remains the same in all the States. United States commissioners. United States court commissioners, judges, and clerks are not entitled to receive a greater sum than 25 cents for each oath administered by them, except that they are entitled to receive $1 for administering the oath to each entryman and each final proof witness to final proof testimony, w r hich has been reduced to writing by them. 44. The alienation of all or any part of the land embraced in a homestead prior to making proof, except for the public purposes mentioned in section 2288, Revised Statutes (see Appendix No. 1), will prevent the entryman from making satisfactory proof, since he is required to swear that he has not alienated any part of the land except for the purposes mentioned in section 2288, Revised Statutes. A mortgage by the entryman prior to final proof for the purpose of securing money for improvements, or for any other purpose not inconsistent with good faith, is not considered such an alienation of the land as will prevent him from submitting satisfactory proof. In such a case, however, should the entry be canceled for any reason prior to patent, the mortgagee would have no claim on the land or against the United States for the money loaned. Alienation After Proof and Before Patent. The right of a home- stead entryman to patent is not defeated by the alienation of all or a part of the land embraced in his entry after the submission of final proof and prior to patent, provided the proof submitted is sat- isfactory. Such an alienation is, however, at the risk of the entry- man, for if the reviewing officers of the Land Department subse- quently find the final proof so unsatisfactory that it must be wholly rejected and new proof required, the entryman can not then truth- fully make the nonalienation affidavit required by section 2291, Revised Statutes, and his entry must in consequence be canceled. The purchaser takes no better title than the entryman had, and if the entry is canceled purchaser's title must necessarily fail. 45. Relinquishments. A homestead entryman, or in case of his death, his statutory successor, as explained in paragraph 22, may file a written relinquishment of his entry, and on the filing of such relinquishment in the local land office the land formerly covered by the entry becomes at once subject to entry by the first qualified applicant. Relinquishments run to the United States alone, and no person obtains any right to the land by the mere purchase of a relinquish- ment of a filing or entry. Entries made for the purpose of holding the land for specula- 149 lion and sale of the relinquishments are illegal and fraudulent. Every effort will be made to prevent such frauds and to detect and punish the perpetrators. Purchasers of relinquishments of fraudulent filings or entries should understand that they purchase at their own risk so far as the United States is concerned, and they must seek their own reme- dies under local laws against those who by imposing such relin- quishments upon them have obtained their money without valuable consideration. The terms "arid" or "nonirri gable" land, as used in these Acts, are construed to mean land which, as a rule, lacks sufficient rainfall to produce agricultural crops without the necessity of resorting to unusual methods of cultivation, such as the system commonly known as "dry farming," and for which there is no kno\vn source of water supply from which such land may be successfully irrigated at a reasonable cost. Therefore lands containing merchantable timber, mineral lands, and lands within a reclamation project, or lands which may be irrigated at a reasonable cost from any known source of water supply may not be entered under these Acts. Minor portions of a legal subdivision susceptible of irrigation from natural sources, as, for instance, a spring, will not exclude such subdivision from entry under these Acts, provided, however, that no one entry shall embrace in the aggregate more than 40 acres of such irrigable lands. 47. Designation of Lands. From time to time lists designating the lands which are subject to entry under these Acts are sent to the Kegisters and Receivers in the States affected, and they are instructed immediately upon the receipt of such lists to note the same upon their tract books. In the order designating land a date is fixed on which such designation will become effective. Until such date no applications to enter can be received and no entries allowed under these Acts, but on or after the date fixed it is com- petent for the Registers and Receivers to dispose of applications for land designated under the provisions of these Acts, in like manner as other applications for public lands. The fact that lands have been designated as subject to entry is not conclusive as to the character of such lands, and should it after- wards develop that the land is not of the character contemplated by the above Acts the designation may be canceled ; but where an entry is made in good faith under the provisions of these Acts, such designation will not thereafter be modified to the injury of anyone who, in good faith, has acted upon such designation. Each entry- man must furnish affidavit as required by section 2 of the Acts. 48. Compactness Fees. Lands entered under the Enlarged Homestead Acts must be in a reasonably compact form and in no event exceed I 1 /? miles in length. The Acts provide that the fees shall be the same as those now required to be paid under the homestead laws; therefore, while the fees may not in any one case exceed the maximum fee of $10 required under the general homestead law r , the commissions will be determined by the area of the land embraced in the entry. SETTING OF FINAL PROOFS. When hearings on applications to make final proof have been 150 set, a notice by postal card, containing the following, will be mailed to the entryman, to-wit : 4192 DEPARTMENT OF THE IXTEKIOB, United States Land Office. (Place.) (Date.) Final proof on your is set before at (Kind of entry-) on Notice will be published in the (Newspaper.) Register. Important Notice. Persons submitting commutation or final five-year proof are warned against discontinuing their residence upon the homestead before the proof is found satisfactory by the Land Department, as an adverse claim may arise or sufficient of the statutory period of seven years may not remain within which to make the showing required for new proof. Alienation of the land will also defeat the right to submit new proof and will forfeit the entry if proof is finally rejected. INSTRUCTIONS RELATIVE TO PUBLICATION OF FINAL-PROOF NO- TICES AND CONCERNING THE DISCRETIONARY AUTHORITY OF REGISTERS IN THE SELECTION OF NEWSPAPERS FOR THAT PUR- POSE. Department of the Interior, General Land Office, Washington, D. C., August 11, 1909. Registers and Receivers of United States District Land Offices. Sirs: This office is in daily receipt of complaints from editors and publishers of newspapers to the effect that their publications are not accorded the patronage which should be bestowed upon them, in accordance with the law and regulations governing the publication of notices of intended final proofs on entries of public lands. The object of the law requiring publication of such notices is to bring to the knowledge and attention of all persons who are or who might be interested in the lands described therein, or who have information concerning the illegality or invalidity of the asserted claims thereto, the fact that it is proposed to establish and perfect such claims, to the end that they may interpose any objection they may have, or communicate information possessed by them to the officers of the Land Department. It is unnecessary to state that this object can not be secured by a notice published in a paper which has no meritorious circulation among the people resident in the locality in which the affected land is situated, and that inattention to or disregard of their duty in this behalf on the part of Registers will result in the total subversion of the law and the defeat of its purpose and intent. To the end, therefore, that you may be fully instructed concerning your official obligation in the premises, and that you may be urged to an alert and diligent performance of the duty which the law imposes upon you, your attention is directed to the several rules now to be stated and which should govern and control you in the discharge of your official obligation : First. A notice of intended final proof must be published in a newspaper of established character and of general circulation in the vicinity of the land affected thereby, such paper having a fixed and well-known place of publication. No newspaper shall be deemed 151 a qualified medium of notice unless it shall have been continuously published during an unbroken period of six months immediately preceding the publication of the notice, nor unless it shall have applied for and been granted the privilege of transportation in and by the United States mails at the rate provided by law for second- class matter (sees. 427 to 437, inclusive, Postal Laws and Regula- tions), a privilege available to all newspapers having a legitimate list of subscribers and a known place of publication. Second. The notice must in all cases be published in the news- paper which may be printed and issued at a place nearest to the lands which the notice affects. By the word "nearest" as here used it is not intended that geographical proximity shall be meas- ured on an air line drawn between the land and the place of publi- cation, but by the length of the shortest and principally traveled thoroughfare between such places, being the highway ordinarily used and employed for travel by vehicles of any kind. But this qualification shall not be intended as authorizing any manifest per- version of the spirit of the rule, but simply to dispense with any. strict rule based on geographical distance. Third. It is not necessary that the newspaper denominated as the medium of such notice shall be published in the same county as that in which the land lies, or even in the same land district. *0n the contrary, a newspaper published in an adjoining county, if its place of publication is nearer to the land than that of any other newspaper, must be designated as the agency of publication, if it is also qualified by reason of its general circulation in the vicinity of the affected lands. Fourth. The law invests Registers with discretion in the selec- tion of newspapers to be the media of notice in such cases as are here referred to, but that discretion is official in character, and not a purely personal and arbitrary power to be exercised without regard for the object of the law by which it is conferred. It fol- lows that a Register's action in the exercise of such discretion is subject to review by this office in any case where it is sufficiently alleged that the discretion has been abused, meaning thereby that it has been exercised in a manner perversive of the object of the law in requiring such notices to be published. This power of review will ordinarily be exercised and made effective in a proper case by holding the final proof to have been preceded by insufficient notice ; but it may be resorted to and exercised in any case in which it may be shown that a Register is persistently designating a mani- festly inefficient medium of notice, by forbidding the further pub- lication of notices in such a newspaper until it shall have acquired and sufficiently established its possession of the requisite qualifica- tions. In other words, where it has once been determined that a newspaper is not a competent medium of notice, it is within the power of this office to forbid the continued selection of that news- paper as the means of publication without awaiting repeated abuses of discretion on the part of a Register and a determination in each separate instance that the notice was ineffectually published. This course of action will, therefore, be pursued whenever it is shown that a Register is bestowing his patronage upon an alleged news- paper which is not entitled to that character, being merely a private advertising agency or published for some special purpose and not 152 as a general disseminator of news, or where such paper has no actual bona fide or reasonably meritorious circulation, or is not in fact published at its pretended place of publication, but at some other place. Fifth. Where a Register acts in the reasonable and not mani- festly unfair and improper exercise of his discretion his decision will not be interfered with or disturbed by this office. The Depart- ment can not and will not undertake to weigh and nicely calculate the relative efficiency of two or more newspapers published in the same place and alike possessing and enjoying an established char- acter and general circulation; nor will it, as between two papers published at different places, permit any slight and unimportant advantage in the matter of geographical proximity, period of pub- lication, or extent of circulation, possessed by one of such papers over the other, to serve as a sufficient reason for disapproval of the Register's conclusion as to which one of such newspapers should be designated as the means of publication. Sixth. It is earnestly desired that you shall severally be at all times careful in your observance of and adherence to the rules which have been here stated and prescribed for your governance, to the end that the now numerous and urgent complaints of alleged discrimination, and charges to the effect that the object of the law is not observed in the choice of newspapers for the publication of final-proof notices, may be at least greatly diminished in number, as well as to the further end that such as may be received shall be without foundation of fact or in law. Seventh. Persons seeking to establish their right to a legal title to any public lands are not authorized to interfere with the discretion of the Register in the choice of a newspaper in which to publish notice of their claims; nor will any designation of a news- paper made by a Register, in the reasonable exercise of that discre- tion, be disturbed on the ground that the claimant recommended another newspaper. All other conditions being equal, it will be entirely proper to accord favorable consideration to a claimant's nomination of a newspaper, though acceptance of such a nomina- tion will not be enjoined upon you. Eighth. None of the rules herein stated respecting the designa- tion of the newspaper are intended to apply to, or govern, publica- tion of notice concerning proof proposed to be offered in support of an application for the purchase of lands chiefly valuable for their timber or stone, under the Act of Congress of June 3, 1878 (20 Stats., 89), as extended by the Act of Congress of August 4, 1892 (27 Stats., 348), nor to the purchase of Alaskan coal lands under the Act of Congress of April 28, 1904 (33 Stats., 525). Publication of such notices must be procured by the applicants, in newspapers selected by them, but this privilege does not exempt them from the obligation to select a newspaper published nearest to the lands to which the application relates, and such paper must be in all other respects a competent medium of notice, in accordance with the principles which have been stated. You will give to all appli- cants under this Act due counsel and instruction concerning the duty imposed upon them in respect of publication of notice, to the end that they may not ignorantly err in the choice of newspapers through which to communicate such notice. 153 PROCEDURE IN CASKS OF COMPLAINTS. Ninth. No appeal will lie from the action of the Register in refusing to name any particular newspaper as an agency for the publication of notices concerning claims to public lands. But any editor or proprietor of a newspaper who believes and desires to charge that a notice of proof in support of any claim to public land has been published in a paper disqualified by the rules and prin- ciples herein stated, to serve as the medium of such notice, may file in the district land office from which such notice emanated a written and verified protest against the acceptance of the proof submitted in accordance with such notice. Such protest should set forth all material and essential facts within the knowledge of the protestant, or of which he has reliable information and which he believes to be true, and which, if duly established by proof, would require a determination that the newspaper in which the notice was published was and is not a reputable and established publica- tion, printed, in good faith, for the diffusion of local and general news; or that it is and was not the paper published nearest to the land affected by said notice, and that there is another newspaper published at a place nearer to said lands, equally well qualified in all respects to convey notice of the claim thereto asserted; or any other cause of disqualification expressed and defined in and by the foregoing several rules. Tenth. Any such protest must be accompanied by copies of at least three successive editions of the paper against whose efficiency as a means of notice the protest is directed, and by as many like copies of the paper published by protestant, and alleged to have been a more efficient agency of notice than was the paper actually chosen. It should, in addition to other facts hereby made essential, disclose the relative number of actual paying subscribers support- ing the said two newspapers; the number of papers actually dis- tributed in the county in which said papers are published and in the county in which the land is- situated ; and the number of papers mailed to bona fide subscribers at the postoffice nearest to the land to which such notice relates. It should state the length of time dur- ing which each of said newspapers has been actually and contin- uously published, immediately preceding the date of the protest ; and, if either of said papers has been denied, or has never applied for, entry as second-class matter in the postoffice at the place of publication, that fact should be stated. Eleventh. Where any protest has been filed in the manner herein prescribed it shall be the duty of the Register and Receiver to immediately consider same and to proceed thereon as in other cases of protests against final proofs. If they should conclude that the facts stated in the protest are insufficient to warrant an order for a hearing, they will render decision to that effect and duly notify the protestant thereof, at the same time advising him of his right to prosecute an appeal to this office, in the manner and within the time prescribed by the rules of practice. After the expiration of the period during which an appeal may be prosecuted, they will, if no such appeal be filed, forward the protest and accom- panying exhibits to this office, with their decision thereon, as in cases of unappealed contests, together with a separate report by the Register concerning the facts within his knowledge and bear- 154 ing, in a material manner, on the merits of the question presented by the protest. Twelfth. In all cases where no appeal is prosecuted from a decision by the Register and Receiver dismissing a protest, that decision T ,vill be considered final as to the facts; and acquiescence therein by this office will be refused only when it is manifest that it was error to determine that no proper ground of protest was sufficiently alleged. Thirteenth. The law imposes upon Registers the duty of pro- curing the publication of proper final-proof notices, and charges the claimant with no obligation in that behalf, except that he shall bear and pay the cost of such publication. Registers should accord- ingly exercise the utmost care in the examination of such notices and in the comparison thereof with the records of their offices, to the end that they may not go to the printer containing any erroneous description of the entered land, or designating an officer not author- ized to receive the proof, or that they shall not be for any other reason insufficient. It is equally important that a notice correct in all of these particulars shall not be published in a newspaper mani- festly disqualified as a means of publication and clearly incapable of bringing the notice to the attention of the people dwelling in the vicinity of the lands to which it relates. Neglect of duty above defined, resulting in a requirement of republication, should not visit its penalty upon the claimant. In all such cases, therefore, the Register by whom the publication was procured will be required to effect the necessary republication at his own proper expense. If an error is committed by the printer of the* paper in which the notice appears, the Register may require such printer to correct his error by publishing the notice anew for the necessary length of time, and for his refusal to do so may decline to designate his said paper as an agency of notice in cases thereafter arising. LAWS AND REGULATIONS. For your more complete instruction concerning the subject- matter of these rules, and as a means of affording a ready and con- venient reference to the several laws and regulations providing for and requiring publication of notice in relation to entries of and claims to public lands, those laws and regulations are here assembled. A careful examination thereof will familiarize you with the language in which they express their requirements and indicate to you their evident purpose. Homestead and preemption entries. (1) Act of Congress of March 3, 1879 (20 Stat., 472). Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That before final proof shall be submitted by any person claiming to enter agricultural lands under the laws providing for preemption or homestead entries, such person shall file with the register of the proper land office a notice of his or her intention to make such proof, stating therein the description of the lands to be entered, and the names of the witnesses by whom the necessary facts will be established. Upon the filing of such notice, the register shall publish a notice that such application has been made, once a week for the period of thirty days, in a newspaper to be by him designated as published nearest to such land, and he shall also post such notice in some conspicuous place in his office for 135 the same period. Such notice shall contain the names of the witnesses as stated in the application. At the expiration of said period of thirty days, the claimant shall be entitled to make proof in the manner heretofore provided by law. The- Secretary of the Interior shall make all necessary rules for giving effect to the foregoing provisions. (2) Circular of April 10, 1909, paragraphs 40, 41, and 42, continuing in force the principle of a requirement announced by earlier circulars. 40. How proofs may be made. Final or commutation proofs may be made before any of the officers mentioned in paragraph 16, as being authorized to administer oaths to applicants. Any person desiring to make homestead proof should first forward a written notice of his desire to the register and receiver of the land office, giving his post-office address, the number of his entry, the name and official title of the officer before whom he desires to make proof, the place at which the proof is to be made, and the name and post-office addresses of at least four of his neighbors who can testify from their own knowledge as to facts which will show that he has in good faith complied with all the requirements of the law. 41. Publication fees. Applicants shall hereafter be required to make their own contracts for publishing notice of intention to make proof, and they shall make payment therefor directly to the publisher, the newspaper being desig- nated and the notice prepared by the register. 42. Duty of officers before whom proofs are made. On receipt of the notice mentioned in the preceding paragraph, the register will issue a notice naming the time, place, and officer before whom the proof is to be made and cause the same to be published once a week for five consecutive weeks in a newspaper of established character and general circulation published nearest the land, and also post a copy of the notice in a conspicuous place in his office. * * * Desert-land entries. (1) Circular of June 27, 1887 (o L. D., 708), paragraph 13. 13. Before final proof shall hereafter be submitted by any person claiming to enter lands under the desert-land act, such person will be required to file a notice of intention to make such proof, which shall be published in the same manner as required in homestead and preemption cases. (2) Act of Congress of March 11, 1902 (32 Stat., 63), giving implied statu- tory sanction to above-quoted circular requirement. That hereafter all affidavits, proofs, and oaths of any kind whatsoever required to be made by applicants and entrymen under the homestead, pre- emption, timber-culture, desert-land, and timber and stone acts, may, in addi- tion to those now authorized to take such affidavits, proofs, and oaths, be made before any United States commissioner or commissioner of the court exercising federal jurisdiction in the Territory or before the judge or clerk of any court of record in the land district in which the lands are situated: Provided, That in case the affidavits, proofs, and oaths hereinbefore men- tioned be taken out of the county in which the land is located the applicant must show by affidavit, satisfactory to the Commissioner of the General Land Office, that it was taken before the nearest or most accessible officer qualified to take said affidavits, proofs, and oaths in the land districts in which the lands applied for are located; but such showing by affidavit need not be made in making final proof, if the proof be taken in the town or city where the newspaper is published in which the final proof notice is printed. * * * (3) Circular of November 30, 1908 (37 L. D., 312), paragraphs 20 and 21, repeating requirement of publication. 20. The entryman, or his assignee, if the entry has been assigned, is ordinarily allowed four years from the date of the entry in which to complete the reclamation of the land, and he is entitled to make final proof and receive patent as soon as he has expended the sum of $3 an acre in improving and reclaiming the land, and has reclaimed all of the irrigable land embraced in his entry, and has actually cultivated one-eighth of the entire area of the land entered. When an entryman has reclaimed the land and is ready to make final proof he should apply to the register and receiver for a notice of intention to make such proof. This notice must contain a complete description of the land and must describe the entry by giving the number thereof and the name of the entryman. If the proof is made by an assignee, his name as well as that of the original entryman should be stated. It must also show when, where, and before whom the proof is to be made. Four wit- 156 nesses may be named in this notice, two of whom must be used in making the proof. 21. This notice must be published once a week for five successive weeks in a newspaper of established character and general circulation published nearest the land, and it must also be posted in a conspicuous place in the local land office for the same period of time. The date fixed for the taking of the proof must be at least thirty days after the date of first publication. Proof of publication must be made by the affidavit of the publisher of the newspaper or by some one authorized to act for him. The register will certify to the posting of the notice in the local office. Timber and stone cash entries. (1) Act of Congress of June 3, 1878 (20 Stat., 89), Sec. 3. Sec. 3. That upon the filing of said statement, as provided in the second section of this act, the register of the land office shall post a notice of such application, embracing a description of the land by legal subdivisions, in his office, for a period of sixty days, and shall furnish the applicant a copy of the same for publication, at the expense of such applicant, in a newspaper published nearest the location of the premises, for a like period of time; and after the expiration of said sixty days, if no adverse claim shall have been filed, the person desiring to purchase shall furnish to the register of the land office satisfactory evidence, first, that said notice of the application prepared by the register as aforesaid was duly published in a newspaper as herein required; secondly, that the land is of the character contemplated in this Act, unoccupied and without improvements, other than those excepted, either mining or agricultural, and that it apparently contains no valuable deposits of gold, silver, cinnabar, copper, or coal; and upon payment to the proper officer of the purchase money of said land, together with the fees of the register and the receiver, as provided for in case of mining claims in the twelfth section of the Act approved May tenth, eighteen hundred and seventy-two, the applicant may be permitted to enter said tract, and, on the transmission to the General Land Office of the papers and testimony in the case, a patent shall issue thereon: Provided, That any person having a valid claim to any portion of the land may object, in writing, to the issuance of a patent to lands so held by him, stating the nature of his claim thereto; and evidence shall be taken, and the merits of said objection shall be determined by the officers of the land office, subject to appeal, as in other land cases. Effect shall be given to the foregoing provisions of this Act by regulations to be prescribed by the Commissioner of the General Land Office. (2) Circular of November 30, 1908 (37 L. D., 289), paragraph 25, express- ing the requirement imposed by Sec. 3 of the above-mentioned Act. (Note. It will be observed that an applicant for the purchase of lands chiefly valuable for timber and stone is required to procure publication of notice of his application in a newspaper published nearest to the lands which he seeks to purchase. In such cases the register does not designate the news- paper; but it is the duty of the register and receiver, nevertheless, to enforce the requirement that such a notice shall be published in the paper nearest to the land, and they will reject any proof which is not preceded by notice published in the papers so qualified.) 25. After the appraisement or reappraisement and deposit of purchase money and fee have been made the register will fix a time and place for the offering of final proof, and name the officer before whom it shall be offered, and post a notice thereof in the land office and deliver a copy of the notice to the applicant, to be by him and at his expense published in the newspaper of accredited standing and general circulation published nearest the land applied for. This notice must be continuously published in the paper for sixty days prior to the date named therein as the day upon which final proof must be offered. Carey act selections. (1) Act of Congress of August 18, 1894 (28 Stat., 372, 422), commonly known as the "Carey Act." (Sec. 2.) * * * As fast as any State may furnish satisfactory proof, according to such rules and regulations as may be prescribed by the Secretary of the Interior, that any of said lands are irrigated, reclaimed, and occupied by actual settlers, patents shall be issued to the State or its assigns for said lands so reclaimed and settled: Provided, That said States shall not sell or dispose of more than one hundred and sixty acres of said lands to any one person, 157 and any surplus of money derived by any State from the sale of said lands in excess of the cost of their reclamation, shall be held as a trust fund for and be applied to the reclamation of other desert lands in such State. That to enable the Secretary of the Interior to examine any of the lands that may be selected under the provisions of this section, there is hereby appropriated, out of any moneys in the Treasury not otherwise appropriated, one thousand dollars. (2) Circular of April 9, 1909, renewing and repeating provisions of pre- vious circulars (paragraph 15). 15. When said list is filed in the local land office, there shall also be filed by the State a notice, in duplicate, prepared for the signature of the register and receiver, describing the land by sections, and portions of sections, where less than a section is designated (Form 8, p. 15). This notice shall be published at the expense of the State once a week in each of nine consecutive weeks, in a newspaper of established character and general circulation, to be designated by the register as published nearest the land. One copy of said notice shall be posted in a conspicuous place in the local office for at least sixty days during the period of publication. Grants to States and Territories for educational purposes. (1) Circular of April 25, 1907 (35 L. D., 537), paragraphs 9, 10, and 11. 9. Notice of selection of all lands must be given by publication once a week for five successive weeks in a newspaper of general circulation in the county where the lands are located, the paper to be designated by the register. 10. Notice for publication will be prepared by the register at the time of the acceptance of the selections, and will be transmitted by registered mail to the proper State or Territorial official for publication in the paper or papers designated, and a copy of such notice shall also be posted by the register in a conspicuous place in his office, and remain so posted until the expiration of time allowed for the submission of proof of publication. To save expense, the register may embrace two or more lists in one pub- lication when it can be done consistently with the requirement of publication in a newspaper of general circulation in the county where the land is situated. The published notice will embrace only the selected lands described by the largest legal subdivisions embraced in the separate lists, care being taken to avoid repetition of numbers of sections, townships, and ranges. 11. Proof of publication will be the affidavit of the publisher or foreman of the newspaper employed, that the notice (a copy of which must be annexed to the affidavit) was published in said newspaper once a week for five suc- cessive weeks. Such affidavit must show that the notice was published in the regular and entire issue of the paper, and was published in the newspaper proper and not in a supplement. The proof of publication of notice must be filed with the register within ninety days after receipt of notice for publication, and will be forwarded by the register to the General Land Office with a report as to whether protest or contest has been filed against any selection, and if protest or contest is filed, the same shall accompany the report. Failure by the State or Territory to furnish proof of publication within the time limited will be cause for the rejection of the selection, upon report of such failure by the register, accompanied with evidence of service of notice prescribed in Eule 10. * * Isolated tracts of public lands. (1) Section 2455, U. S. Revised Statutes, as amended by the Act of Congress of June 27, 1906 (34 Stat., 517) again amended. (See Isolated Tracts.) (2) Circular of July 18, 1906 (35 L. D., 44), paragraph 7. 7. When lands are ordered to be exposed at public sale, the register ami receiver will cause a notice to be published once a week for five consecutive weeks (or for thirty consecutive days if a daily paper), immediately preceding date of sale, in a newspaper to be designated by the register as published nearest the land described in the application, using the form hereinafter given. The register will also cause a similar notice to be posted in the local land office, such notice to remain so posted during the entire period of pub- lication. The applicant must furnish proof that publication was duly made. Scrip, military bounty land warrants, soldiers' additional homestead entries, forest reserve and other lieu selections and locations. (1) Circular of February 21, 1908 (36 L. D., 278), paragraphs 2 and 3. 2. You will require the locator or selector, within twenty days from the filing of his location or selection, to begin publication of notice thereof, at 158 his own expense, in a newspaper to be designated by the register as of general circulation in the vicinity of the land, and to be the nearest thereto. Such publication must cover a period of thirty days, during which time a similar notice of the location or selection must be posted in the local land office and upon the lands included in the location or selection, and upon each and every noncontiguous tract thereof. 3. The notice must describe the land located or selected, give the date of location or selection, and state that the purpose thereof is to allow all persons claiming the land adversely, or desiring to show it to be mineral in character, an opportunity to file objection to such location or selection with the local officers for the land district in which the land is situate, and to establish their interest therein, or the mineral character thereof. Mineral lands and mining resources. (1) Section 2325, U. S. Eevised Statutes. (See page 575.) (2) Mining Kegulations of March 29, 1909 (37 L. D., 728), rules 45, 46, and 47. 45. Upon the receipt of these papers, if no reason appears for rejecting the application, the register will, at the expense of the claimant (who must furnish the agreement of the publisher to hold applicant for patent alone responsible for charges of publication), publish a notice of such application for the period of sixty days in a newspaper published nearest to the claim, and will post a copy of such notice in his office for the same period. When the notice is published in a weekly newspaper, nine consecutive insertions are necessary; when in a daily newspaper, the notice must appear in each issue for sixty-one consecutive issues. In both cases the first day of issue must be excluded in estimating the period of sixty days. 46. The notices so published and posted must embrace all the data given in the notice posted upon the claim. In addition to such data the published notice must further indicate the locus of the claim by giving the connecting line, as shown by the field notes and plat, between a corner of the claim and a United States mineral monument or a corner of the public survey, and thence the boundaries of the claim by courses and distances. 47. The register shall publish the notice of application for patent in a paper of established character and general circulation, to be by him designated as being the newspaper published nearest the land. Coal lands. (1) Section 2325 U. S. Eevised Statutes. (See said section quoted above.) (2) Circular of April 12, 1907 (35 L. D., 665), reprinted July 11, 1908, paragraphs 17 and 18. 17. Upon the filing of an application to purchase coal lands under the provisions of paragraphs 10 or 14, the applicant will be required, at his own expense, to publish a notice of said application in a newspaper nearest the lands, to be designated by the register, for a period of thirty days, during which time a similar notice must be posted in the local land office and in a conspicuous place on the land. The notice should describe the land applied for and state that the purpose thereof is to allow all persons claiming the land applied for, or desiring to show that the applicant 's coal entry should not be allowed for any reason, an opportunity to file objections with the local land officers. Publication must be made sufficiently in advance to permit entry within the year specified by the statute. 18. After the thirty days' period of newspaper publication has expired, the claimant will furnish from the office of publication a sworn statement (including an attached copy of the published notice) that the notice was published for the required period, giving the first and last date of such pub- lication, and his own affidavit, or that of some credible person having personal knowledge of the fact, showing that the notice aforesaid remained conspic- uously posted upon the land sought to be patented during said thirty days' publication, giving the dates. The register shall certify to the fact that the notice was posted in his office for the full period of thirty days, the certificate to state distinctly when such posting was done and how long continued, giving the dates. In no case shall entry be allowed until the proofs specified have been filed. * * * 159 Exchange of public lands for lands in private ownership within the limits of any Indian reservation created by executive order. (1) Act of Congress of April 21, 1904 (33 Stat., 211). That any private land over which an Indian reservation has been extended by executive order, may be exchanged at the discretion of the Secretary of the Interior and at the expense of the owner thereof, and under such rules and regulations as may be prescribed by the Secretary of the Interior, for vacant, nonmineral, nontimbered, surveyed public lands of equal area and value and situated in the same State or Territory. (2) Circular of March 3, 1909 (37 L. D., 537), paragraphs 11 and 12. 11. In all cases you will require the applicant, within twenty days from the filing of his application, to begin publication of notice thereof at his own expense in a newspaper to be designated by the register as of general circula- tion in the vicinity of the land and published nearest thereto. Such pub- lication must cover a period of thirty days, during which time a similar notice of the application must be posted in the local land office and upon each and every noncontiguous tract included in the application. 12. The notice should describe the land applied for and give the date of application, and state that the purpose thereof is to allow all persons claiming the land under the mining or other laws, desiring to show it to be mineral in character or adversely occupied, an opportunity to file objection to such application with the local officers of the land district in which the land is situated and to establish their interest therein or the mineral character thereof. Alaskan coal lands. (1) Act of Congress of April 28, 1904 (33 Stat., 525), Sec. 2. (See pae"? 289.) (2) Circular of July 18, 1904 (33 L. D., 114). Upon the presentation of an application for patent, as provided by Sec. 2, if no reason appears for rejecting the application, the same will be received by the register and receiver and the claimant required to publish a notice of such application for the period of sixty days in a newspaper in the district of Alaska published nearest the location of the particular lands, and the register will post a copy of such notice in his office for the same period. When the notice is published in a weekly newspaper, nine consecutive insertions are necessary. When in a daily newspaper, the notice must appear in each issue for 61 consecutive issues. In both cases the first day of issue must be excluded in estimating the period of sixty days. The notice so published and posted must embrace all the data given in the notice posted upon the claim. In addition to such data, the published notice must further indicate the locus of the claim by giving the connecting line as shown by the field notes and plat between a corner of the claim and a United States mineral monument or a corner of the public survey, if there is one, and fix the boundaries of the claim bv courses and distances. Very respectfully, S. V. Proudfit, Approved August 11, 1909. Acting Commissioner. Jesse E. Wilson, Acting Secretary. NOTATION OF EIGHTS OF WAY ON ENTRY PAPEES. Instructions. Department of the Interior, General Land Office, Washington, February 2, 1912. Eegisters and Receivers, United States Land Offices. Sirs: Some misapprehension having arisen as to the proper construction of departmental circulars of November 3, 1909 (38 L. D., 284), and January 19, 1910 (38 L. D., 399), governing notation of rights of way on entry papers, you are now instructed that such notations should be made only where your records show that the land involved, or some part of it, is covered by an approved application for right of way. In this connection attention is directed to the decision of the United States Supreme Court in the case of Minneapolis, St. Paul & Sault Sainte Marie Eailway Company v. Doughty (208 U. S., 251). Applicants to enter public lands that are affected by a mere pending applica- tion for right of way, should be verbally informed thereof, and given all necessary information as to the character and extent of the project embraced by the right-of-way application; and, further, that they must take the land 160 subject to whatever right may have attached thereto under the right-of-way application, and at the full area of the subdivisions entered, irrespective of the questions of priority or damages, these being questions for the courts to determine. Very respectfully, Fred Dennett, Approved: Commissioner. Samuel Adams, First Assistant Secretary. DIGEST OF DECISIONS OF THE DEPARTMENT ON COMMU- TATION AND FINAL PROOFS IN HOMESTEAD CASES. Notice: Final proof submitted on indefinite notice rmist be republished. Kemp's case, 9 L. D., 439. Lands must be correctly described or republication will be ordered. Adams' case, 6 L. D., 705. Ulrich Fuchser, 7 L. D., 467. Clark's case, 7 L. D., 485. Sarah J. Tate, 10 L. D., 469. Names of witnesses should be properly given and must be correctly printed. Mistakes arising in such matters will call for republication. Amos E. Smith, 8 L. D., 24. Cultivation: Where commutation proofs fail to disclose requirements of law as regards residence and cultivation new proof may be submitted at any time within the lifetime of the entry where no adverse claim intervenes. Vandevoort's case, 7 L. D., 86. Every fact necessary and essential to entitle claimant to make final proof must appear affirmatively from the proof. U. S. v. Skahen, 6 L. D., 120. Parks' case, 6 L. D., 549. Garlics' case, 6 L. D., 310. "Mere pretense of cultivation does not satisfy the requirements of the homestead law. A proof which fails to show bona fide compliance with the law in the matter of cultivation must be rejected." Ingelev J. Clomset, 36 L. D., 255. "Boxing and chipping trees for turpentine on unperfected homestead entries constitutes trespass and cannot in any sense be considered as cultiva- tion within the spirit of the homestead law." Robert L. McKenzie, 36 L. D., 302. "Using the 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." For cultivation required under the Enlarged Homestead Act and under the Three Year Homestead Act, see title, "Enlarged Homestead" and "Three Year Homestead. ' ' Residence: ' ' Temporary absences of a homestead entryman from his claim, when necessary to procure a livelihood, may be excused, where it clearly appears that actual residence is being maintained in good faith; but failure to main- tain residence cannot be excused on the ground that the entryman cannot make a living on the land." Smith v. Hustead, 35 L. D., 376. Leave of absence does not cure defect in residence not established at the time leave was granted. Matics v. Gillidett, 35 L. D., 353. Extension of time in which to establish residence cannot be granted. Cummings v. Clark, 35 L. D., 373. "An extension of time beyond the six-month period accorded by statute within which to establish residence upon a homestead claim will not be allowed on the ground of climatic conditions unless it appear that the same conditions also prevailed and prevented the establishment of residence during that period." Vening v. Colwell, 35 L. D., 356. "Under the provisions of the Act of March 3, 1881, the Commissioner of the General Land Office ma*y, in his discretion, allow a homestead entryman 161 twelve months from the date of his entry within which to commence residence upon the land, where it is satisfactorily shown that on account of climatic conditions it is impossible to commence residence within six months; but in such cases the entryman may be credited with constructive residence for a period of six months only, and actual residence for the remainder of the said period of five years must be made and shown as in ordinary homestead cases.'' Allen Clark, 35 L. D., 317. "Two periods of bona fide residence, separated by leave of absence regu- larly procured, without fraud, may be added together to make up the neces- sary fourteen months as a basis for commutation." This opinion modified the one in the case of Esberne K. Muller, 39 L. D., 72. Sherman Shouse, L. D., 456. "Credit for residence will not be allowed during the time the land is not subject to entrv by the person maintaining residence." 39 L. D., 230. "A homestead entryman is entitled to the exclusive possession and enjoy- ment of the lands embraced in his entry, and where he in good faith builds his house upon the land with a view to establishing residence and complying with the law, but is prevented by the threats of a rival claimant from estab- lishing residence on the particular portion of the land selected by him for tlint purpose, it is not incumbent upon him to establish his residence upon another portion of the land, and he will not be held in default for failure to do so." Cannon v. Johnson, 34 D. D., 348. "An entryman 's absences from the land covered by his entry are excusa- ble when due to duress arising from threats of personal violence of such character as to lead the entryman to believe that he could not remain on the land except at the risk of his life." Vaughn et al. v. Gammen, 27 L. D., 438. Official employment will not excuse failure to establish residence, and cultivation and improvements must be continued. Dalquist, 34 L. D., 396. Commutation proof upon an entry made prior to November 1, 1907, sub- mitted immediately after the expiration of the fourteen months from date of entry showing that residence was not established until just before the expira- tion of six months and thaj; the entryman was absent an intermediate period of two months during the requisite eight months will not be accepted as sufficient. Mary E. Elson, 38 L. D., 541. A second homestead entry made under the Act of April 28, 1904, which forbids commutation of entries made thereunder, may 'be perfected under the Act of February 8, 1908, which permits commutation. William E.' Burkholder, 37 L. D., 660. A homestead entry made with no intention of establishing a permanent bona fide home upon the land, but merely with a view to submitting a show- ing sufficient to support commutation must be canceled, notwithstanding the proof offered shows full technical compliance with respect to inhabitancy of the land for the period ordinarily required in commutation cases. Gilbert Satrang, 37 L. D., 683. A contract made by a homesteader through which he secures the cultivation of the land by a party who lives on the land with him for such purpose, and is paid for such service out of the crops so raised, is not inconsistent with the maintenance of residence. Hary v. Gaumnitz, 22 L. D., 298. The validity of residence is not affected by the fact that the wife refuses to live on the land. Scott v. Carpenter, 17 L. D., 337. The fact that the homesteader's wife does not reside with him on the land covered by his entry but lives apart from him, and at her former place of* residence, does not prevent him from establishing and maintaining the requisite residence on his homestead claim. Munson v. dishing, 21 L. D., 113. Occupation of land through a tenant is not the maintenance or establish- ment of residence requisite under the public land law. Fleming v. Thompson, 17 L. D., 561. Eesidence is not acquired by going upon and visiting the land solely for the purpose of complying with the letter of the law. The acts of going upon 162 the land, and the occupancy thereof must concur with the intent to make it a permanent home to the exclusion of one elsewhere. Ferslot v. Crury, 26 L. D., 1<>~>. Mistakes such as location of the land outside of the claim or location of the house upon the land, or that the improvements are within the enclosure of another do not impeach the good faith of the entryman. "A husband and wife, living as one family, cannot maintain separate residences at the same time and in the same house, so that each by virtue of said residence may perfect an entrv under the homestead law." L. A. Tavener, !) L. D., 426. "Husband and wife, while living together in such relation, cannot main- tain separate residences at the same time in a house built across the line between two settlement claims, so that each can secure a claim by virtue of such residence." Thomas E. Henderson, 10 L. D., 566. John O. and Minerva C. Garner, 11 L. D., 207. Stella G. Robinson, 12 L. D., 443. William A. Parker, 13 L. D., 734. The failure of a homesteader to maintain residence will be excused, where by intimidation and armed violence he is driven from the land and by such means prevented from return thereof. Eeed v. Heirs of Plummer, 12 L. D., 512. The continuity of a homesteader's residence is not affected by temporary absence resulting from illness and the necessity of earning money for the maintenance of the claim and personal support. 28 L. D., 503. Engagement in public service will not be construed into an abandonment so long as such efforts are made to maintain improvements as manifest good faith. Tomlinson v. Soderlund, 21 L. D., 155. "In the case of a homesteader who holds an appointment as postmaster, the Department will not, in passing upon the compliance with law in the matter of residence, undertake to determine whether such residence is com- patible with the statutory requirement that 'every postmaster shall reside within the delivery of the office to which he is appointed. ' ' ' Overruling Hansbrugh case, 5 L. !>., 155. For regulations concerning residence of postmasters and other officials holding public office see page 44, title ' ' Leave of Absence. ' ' JUDICIAL RESTRAINT : A plea of "judicial restraint" will not be accepted as a sufficient defence, a charge of non-compliance with the law in the matter of residence and cultivation if the homesteader has not established residence and otherwise complied with the law prior to the time when he was placed under such restraint. Judicial restraint such as conviction and sentence to the penitentiary for life will excuse residence from the land. Anderson v. Anderson, 5 L. D., 6. "A charge that the settler has changed his residence is not sustained by evidence which shows that the alleged absence was the result of judicial compulsion. ' ' Cane et al. v. Devine, 7 L. D., 532. See also Bohall v. Dilla, 114 U. S., 49. "After residence is once established the continuity thereof is not broken by absence from the land caused by judicial restraint." 10 L. D., 551. A homestead entry canceled for failure to make final proof within the statutory period, such failure being due to the entryman 's arrest and convic- tion on a criminal charge, cannot be reinstated in the presence of an inter- vening adverse claim. Ayers v. Brownlee, 15 L. D., 550. A charge of abandonment resulting from judicial restraint must result in dismissal of contest. Beadhead v. Hauenstine, 15 L. D., 554. Absence in prison under judicial restraint will riot be considered residence toward making up the period of eight months required by Sec. 9 of the Act Of May 29, 1908. 163 E. N. McGJothian, 36 L. D., 502. "The distinction between commutation and final proof in relation to the element of time within which full compliance with law may be shown demands a higher proof of good faith on the part of an entryman who elects to com- plete his entry and acquire title within the limited period allowed by com- mutation than is required in the case of ordinary proof after five years' compliance with the law. ' ' "A homestead entryman by his election to commute assumes the burden of showing full compliance with law in the matters of residence, improvement, and cultivation, and the proof will not be accepted by the land department unless it shows the substantially continuous presence of the claimant upon the land for the required period." See case of Fred Lidgett, 35 L. D., 371. Under instructions from the Department dated September 24, 1910 (39 L. D., 230), it was held that (syllabus): "Credit for residence will not be allowed during the time the land is not subject to entry by the person maintaining residence." The above instructions were modified by the Department under date of May 17, 1911, in the ex parte homestead case of Martha Sullivan, formerly Martha Feigum (unpublished), Lemmon series 020673, wherein it was held that the instructions of September 24, 1910, should not be considered retroactive so as to defeat proof which was offered and accepted in accordance with the practice theretofore prevailing. The instructions in question were further modified by the Department under date of August 7, 1911, in a letter to this office, wherein it is held that a contestant who established his residence and also filed his contest prior to September 24, 1910, and maintained his residence, may receive credit for the time he resided upon the land before the cancellation of the entry which he contested. You will exercise care in adjudicating claims that are governed by the above instructions. The foregoing is from circular No. 47, dated August 21, 1911. Every fact necessary and essential to entitle claimant to make final proof must appear affirmatively from the proof. U. S. v. Skahen, 6 L. D., 120. Parks' case, 6 L. D., 549. Garlics' case, 6 L. D., 310. IMPROVEMENTS: The Land Department has no jurisdiction over disputes between settlers concerning their claims against each other on account of alleged improve- ments. See case of Winn v. Saunders et al., 20 L. D., 3. Eights as to the ownership or possession of improvements placed on public lands without authority of law, are not determined by a judgment of the Department sustaining the validity of an entry of said land. Wheeler v. Eogers, 28 L. D., 250. The words "cultivation" and "improvement" used synonymously by the Department in considering cash entries. Adelphi Allen, 6 L. D., 420. CONTESTS. 1. Grounds of contest. 2. Contestant. 3. Homestead Entries. 4. Desert Entries. 5. Reclamation Homesteads. 6. Three-Year Homestead. 7. Preference Right of Entry. 8. Rules of Practice. 9. Relinquishments. 1. Contests may be initiated against an entry for any cause which affects the validity of the same. It may be brought upon 164 any ground which would disclose the disqualification of the entry- man. It is impossible to give the grounds of contests in detail. The most prolific ground of contest is that of failure to establish and maintain residence on the land as required by law; failure to improve and cultivate the same as required by law, and abandon- ment for a period of more than six months. 2. Contestant (See Rules of Practice.) 3. Homestead Entries. (See paragraph 1. See Homestead Entries, Proofs, Reclamation, and Rules of Practice.) 4. Desert entries may be contested for failure to comply with the law applicable to the same, or failure to make annual or final proof within the time allowed by law, or for any cause which would affect the validity of the entry, or disqualify the entryman. ' 5. Reclamation Homesteads. (See Reclamation of Arid Lands.) 6. Three-Year Homestead Law. This law is a new one, and while the law in force regarding contests against this entry so far as they may be applicable will control, yet doubtless many new questions will arise affecting the right to perfect the same. We have compiled all regulations and instructions so far issued, and they will be found by consulting the title "Three-Year Homestead Law." 7. Preference Right of Entry. (See also Rules of Practice.) [Circular.] REGULATIONS. Department of the Interior, General Land Office, Washington, I>. C., September 15, 1910. Registers and Receivers, United States Land Offices. Gentlemen: In accordance with departmental instructions contained in the decisions in the cases of Crook v. Carroll (37 L. D., 513), James v. Stanley (37 L. D., 560), and William J. Stock v. Oscar E. Herman and James Gibson (39 L. D., ), the following regulations are issued for your guidance: (a) 1. In order to entitle a contestant to the preference right of entry conferred by Sec. 2 of the Act of May 14, 1880 (21 Stat., 140), it must appear not only that he has contested the entry and paid the land office fees in that behalf, but that he has actually procured the cancellation of the entry. (b) 2. Where a good and sufficient affidavit of contest has been filed against an entry and no notice of contest has issued on such affidavit, or, if issued, there is no evidence of service of such notice upon the contestee, if the entry under attack should be relinquished, you will, as heretofore, immediately note the cancellation of the entry upon the records of your office. In such cases for purposes of administration a presumption will obtain that the contest induced the relinquishment and no other entry of the land will be allowed until the following proceedings are had. If the relinquishment is filed by a person other than the contestant, you will at once notify the con- testant thereof that he may take appropriate steps to make the entry if desired. To that end you will suspend all applications filed by others than the contestant within the period awarded successful contestants to make entry; should the contestant during this period present application, in the absence of other intervening application, his entry will at once be allowed, but if an inter- mediate application has been filed by another, you will at once notify such inter- vening applicant of the claimed rights of the contestant and that it will be necessary for him, the intervening claimant, to show, if he desires, that the relinquishment was not the result of the contest, and that in the event he, within twenty days from the receipt of such notice, apply for a hearing for that purpose, the same will be ordered with at least thirty days' notice to all inter- ested parties, otherwise the intermediate application will be rejected and con- testant 's application allowed. At said hearing it shall be competent for the con- testant to show that the former entryman or some one in privity with him in 165 the sale or purchase of the relinquishment had knowledge of the filing of the affidavit of contest, in rebuttal of any showing made by the applicant. If it satisfactorily appear from the testimony that the relinquishment was not the result of the contest, the intermediate applicant will prevail, otherwise the application of contestant will be allowed as in the exercise of a preference right. (c) 3. Where it appears of record that the defendant has been served with notice of contest personally or by publication, it will be conclusively presumed as a matter of law and fact that the relinquishment was the result of the contest and the contestant will be awarded the preference right of entry without necessity for a hearing. (d) 4. Where, prior to hearing in a contest, a junior contest is filed, alleging a valid ground for the cancellation of the entry and, in addition thereto, the collusive nature of the prior contest, the junior contestant may, if the entryman has been served with notice of the prior contest, intervene at the hearing and submit testimony in support of his charges. Should the junior contestant elect to offer testimony in support of his charge of collusion only, he will not gain a preference right of entry, if such charge be estab- lished. If, at the time of the filing of the junior contest, notice is not issued on the prior contest, you will issue such notice and at the same time notice on the junior contest; the latter notice must recite all the charges contained in the affidavit and state, in addition, that the junior contestant will be allowed to appear at the time set for taking testimony in the prior contest and offer evidence in support of his charges. The junior contestant will be required to serve notice on both the prior contestant and the entryman. (e) 5. If, before the case proceeds to a hearing, the entryman 's relin- quishment be filed, both contestants must be notified of the cancellation of the entry and of their right to apply to enter the land within thirty days after the receipt of such notice. Should both apply within such period, you will set a day for hearing, of which each shall have at least thirty days' notice, at which the junior contestant will be allowed to prove his charge of collusion and so defeat the claimed preference right of the prior contestant. An application to enter by a party other than either of the contestants, presented within the preference right period, must be suspended to await the action of the contestants in asserting their preference rights. (f) 6. Where a junior contest charging collusion is not filed until after the prior contest has proceeded to a hearing, it will be suspended, pending the closing of the latter case, and must wholly fail if the entry be canceled as the result of the prior contest. This, however, will not prevent the junior contestant from attacking the application of the successful contestant to make entry, upon the ground of collusion or for any other valid cause, should the latter attempt to exercise the preferred right of entry, nor, should the prior contest result in favor of the entryman, will the junior contestant be precluded from prosecuting his case if his affidavit, in addition to the charge of collusion, states a sufficient ground for the cancellation of the entry other than the charge involved in the trial of the prior contest. (g) 7. These regulations are in lieu of departmental regulations of June 1, 1909 (38 L. D., 23). Eespectfully, September 15, 1910. Fred Dennett, Approved: Commissioner. Frank Pierce, Acting Secretary. 8. Rules of Practice. All notice of contest must be prepared by the contestant or his attorney. The Land Office officials will not take the time to prepare notices of contest. There is a regula- tion of the Department to the effect that the Register and Receiver are not required to make up affidavits of contests. We do not give the circular here because it is impossible to publish all such matters. I desire to give the more important features of the regulations. We must make the work as brief as possible consistent with its purpose, so it may be contained in one volume. (See Rules of Practice.) 9. Relinquishments. (See Relinquishments.) 166 UNITED STATES COMMISSIONERS AND OTHER OFFICERS PREPARING PAPERS IN CONNECTION WITH APPLICA- TIONS AND FINAL PROOFS IN MATTERS INVOLVING PUBLIC LAND. Suggestions. We have considered it advisable to give a few suggestions to U. S. Commissioners and others preparing papers in connection with public land. These suggestions are not intended for Registers and Receivers of local land offices. We have compiled a few important laws and departmental regulations under this chapter. It is quite impossible to give them all in detail. What we may suggest will be based upon some law, rule or regulation of the Department, or experience while in the practice. Care should be exercised to the end that your charges should not be in excess of the fees allowed by law, schedule of which will be found elsewhere. It is a violation of law to impose excess charges, and no doubt persistence in this matter will result in prosecution or removal. Care should be taken to examine the instruments before deliver- ing the same to the party or sending it to the Land Office to see that the same has been properly signed, the jurats completed, and the seal attached. The testimony of witnesses and claimant in final proofs must not be taken within the hearing of the other. Attorneys are not permitted to take any part in the examination of a witness making final proof, except in cases of a protest, where the protestant claims the right to question the entryman regarding the truth of his state- ments relative to his residence. It has been observed that persons who have been appointed to positions of U. S. Commissioners, Judges and Clerks of Courts and others taking acknowledgments in public land matters, without previous experience, are lost to know just what to do, how to do it, and particularly just what papers to transmit to the Land Office in a given matter. For this reason we have arranged a key which will be found very helpful in such matters. The index to forms should be consulted to determine the kind of application to prepare. If it is a second entry, special affidavit must accompany the same showing qualification. By consulting the title treating the character of the entry to be made you will find a statement showing what the application should contain. For example : Suppose you are about to prepare an application for a second homestead entry under the Act of February 3, 1911. You will consult the chapter on Second Homestead Entries. You will find that such application must be corroborated. You will find a refer- ence to form used, either approved, or one which will show a sub- stantial compliance so far as the law may relate. If the application is one under the equitable rule, consult that chapter the same as you did the first, and this will give you the mode of procedure, and will inform you as to what papers must go to the Land Office. Applications of this character not accompanied by the special affi- davits will result in a suspension by the Register and Receiver, but 167 in such event a reasonable length of time is usually allowed in which to file the same. In all applications for public lands, if the party is not a native born citizen of the United States, evidence of citizenship must accompany the same. Applications made subject to the Act of June 22, 1910, should contain the following notation : Application made in accordance with and subject to the pro- visions and reservations of the Act of June 22, 1910 (36 Stat., 583). In cases of final proof, and in cases where hearing has been set before some qualified officer within the district, by the Register and Receiver, it is the duty of such officer to transmit the record, together with the fees due the Land Office. There is no obligation on the part of the officer to transmit applications to the Land Office, although this has become the practice. When doing so the proper and necessary fees and commissions or payment money must accom- pany the application. The officer's duty ends with the acknowl- edgment. Money. Only currency or postoffice money order will be accepted by the Receiver of the District Land Office. Checks and drafts will not be accepted. It is contrary to regulations to do so, and delay will be avoided by following this rule strictly. Applications unac- companied with the necessary money will be rejected, and the land applied for will not be segregated. Papers and Arrangement Thereof. In preparing and transmitting contest records the following rules must be observed : [Circular No. 48.] PREPARATION OF TRANSCRIPT OF TESTIMONY. Department of the Interior, General Land Office, Washington, D. C., August 19, 1911. Kegisters and Keeeivers, United States Land Offices. Gentlemen: To avoid the transmission here of incomplete records in contest cases, you will prepare, or cause to be prepared, the transcripts of testimony in litigated matters to show 1. The names of the parties, date and place of hearing, and name of the officer taking the testimony. 2. The appearance made by either party, whether general or special, and, if represented by an attorney or agent, the post-office address of such repre- sentative. 3. The names of the various witnesses called and sworn, by whom called, and the name of the attorney or person conducting the examination both in chief and otherwise. 4. If any motions or objections are made they should be fully transcribed, giving the name of the party making the same; and the ruling thereon, if any, should be carefully noted. 5. When either party rests his case, such fact should be noted. Any adjournments in the taking of testimony should also be noted. 6. A complete index should accompany each record. The contest clerk should be carefully instructed in order that records may show just what proceedings were had at the hearing. Very respectfully, Fred Dennett, Commissioner, 168 Matters to Observe in Preparing and Transmitting Applications to Land Office. 1. Is the land vacant, and subject to the application about to be presented? 2. Is the land withdrawn for irrigation or reservoir purposes, or is it subject to the Act of June 22, 1910? If subject to the last mentioned Act, was settlement made thereon by applicant prior to such date? 3. If the application is made subject to the Act of June 22, 1910, have the proper notations been noted on the application before transmission? (See suggestions this title.) 4. Has the land been classified ? 5. Is the applicant qualified to make entry of the land, and have his qualifications been fully shown? Having determined the character of application, observe the following items: (a) Is the applicant a citizen? If not, evidence of citizenship should accompany the application, or it will be suspended for such evidence when it reaches the Land Office. (b) How much money should accompany the application? Consult table of fees and commissions for the State in which land is located. Pages to . (c) Money order should be obtained in the name of the remit- ter in favor of , Receiver U. S. Land Office at , State of . (d) Are special affidavits required ? If so, the applicant should make an effort to send them with the papers. When, however, this is impossible because of failure to secure witnesses, or record facts, they should follow within thirty days. (e) Is the application for lands w r ithin a reclamation project under the Act of June 17, 1902? If so, he should present applica- tion in accordance with official orders relating to such project. Generally Form 4-007 is used with form of water right A4-021, except in cases of assignment of water right by previous entry man, in which case Form Al-4-021a is used with 4-007. The above rules should be followed in the following cases: Applications for Isolated tracts, Timber and Stone, Declaratory Statements, Coal purchase, and in fact all applications for public lands. Desert Entries. 1. All the above items should be observed, with these added : 2. Is the applicant a citizen of the State in which the land is located? If not, he is disqualified from making desert land entry. 3. TW T O witnesses must be furnished. (See form 4-274 for information which witness should possess.) 4. Map, plat or diagram showing plan of irrigation should accompany the application. It should be verified. (See form page .) 5. Twenty-five cents per acre for the land applied for. Proofs. We submit a key showing the papers that should accompany final proof papers. It is quite impossible to give every paper nec- essary, as it frequently occurs when special papers and affidavits 169 must be furnished. However, speaking generally, we believe that if this key is followed in most cases at least the proof will be complete. 1. Deposition of claimant. 2. Deposition of two witnesses. 3. If naturalized, evidence of citizenship or affidavit that such evidence was furnished at time of filing. 4. Non-alienation affidavit. 5. Affidavit of publisher showing legal publication. 6. If proof not submitted on the day advertised, affidavit stat- ing reasons therefor. Proof must be submitted within 10 days of the day advertised. (See proofs .) 7. Affidavit correcting spelling names of witnesses, in case any are erroneously spelled, showing the name advertised and the wit- ness to be one and the same person. 8. Special affidavit that may be required by the nature of the proof. 9. While the filing papers are not required, they often serve to aid the Land Office in checking the entries, and the practice seems to be to forward them with the final proof. 10. Reports field division, application to make, will be supplied by the Land Office. 11. Money order for testimony-fees at rate prevailing in dis- trict. (See Schedule.) Desert Proofs. Yearly: Affidavit of claimant and two witnesses. (See Form \ Third Year: Affidavit of claimant and two witnesses as above, with the following added: Map, plat, or diagram, showing the system of irrigation, the character of the reclamation, and the extent thereof. Map must be verified, showing that the plan of irrigation submitted has reclaimed the land from desert to agricul- tural in character. Desert Final Proof. (1) Deposition of applicant. (2) Deposition of two witnesses. (3) Map, verified, showing land reclaimed, showing character of land not capable of being irrigated from system of irrigation. (4) Affidavit of publisher. (5) Evidence of citizenship. (6) Evidence showing title to sufficient water supply to per- manently irrigate the land. (7) One dollar per acre for land embraced in entry. See Water Rights Adjudication. In isolated tracts, timber and stone, coal, oil, gas, petroleum, mineral, parks and townsites, proofs are made before the Register and Receiver. The papers necessary to accompany the same will be found with the regulations covering each subject. Contests. Contests should not be transmitted to the Land Office unless the notices of contests are prepared so that all there is to do will be to have the signature of the Register or Receiver attached. 170 See Rules of Practice. See Contestant. In administering an oath to a witness call his attention to the purport of section 5392 of the Revised Statutes, advising him that in the event he should swear or declare or depose falsely in the matter the Government will prosecute him to the full extent of the law. Don't undertake to couple the position of U. S. Commission with that of a locator, nor undertake to act in the capacity of attorney for anyone in a proceeding which may be pending or which may be set for hearing before you. Forward papers immediately to the local land office for your district. Be careful that papers are forwarded to the proper office, as neglect in this respect will occasion delay, which may result in a loss of the land applied for. While the local land office will accommodate you with a few blanks in given cases, you should not ask them to furnish you with supplies. This they are not permitted to do. You should provide yourself \vith supplies, and they should be in form prescribed by regulations. We have included a list of some of the most impor- tant forms deemed necessary for use outside of local land offices. Many of these are approved forms, while others are intended to present a substantial compliance with law concerning which no form has been approved. In using the forms for typewriting pur- poses, you should be careful to follow the notes, so that all the material matters may appear on the form. These notes have been used so as to avoid a duplication of publication of such matters. Study official circulars and regulations published herein cover- ing the kmd of entry or proof under consideration. CLAIMS PRIVATE. Congress having confirmed and directed a survey of a private land grant, it is not within the province of the Land Department to question its integrity and validity. If there is a doubt as to the translation of the original title papers relating to a private land grant, the Land Department must be guided by the translation which the Government gave to the Surveyor General and the course of the proceedings leading up to the confirmation of the grant. Where conflicting land grants have been confirmed by Congress, each without any reference to the other, it is the duty of the Land Department to follow the confirmation of the survey and patent of each grant, leaving to the judicial tribunal the determination of all matters of priority and superiority that originate in the way of conflict where the confirmatory Act provides that the survey of the private land grant "shall conform to and be connected with the public survey of the United States so far as the same can be done consistently with land marks and boundary specifications in the grant" and on account of the absence of public survey in the vicinity of the land it appears to be impracticable to make a survey conform to and be connected with the public surveys, the same will not be required. The cost of survey of private land claims shall be paid by the claimant after the completion of the survey and prior to the issuance of patent. 171 The Land Company of New Mexico, Limited, et al., 31 L. D. 202. For further information upon the subject consult Instructions of July 24, 1901, 31 L. D., 45. Also table of Circulars, Instructions, and Kegula- tions. Edgar, Trustee of the Koman Catholic Chruch v. Delback, 31 L. D., 39; 31 L. D., 332; 31 L. D., 344; 31 L. D., 346; 37 L. D., 65; 37 L. D., 285- 37 L. D., 480; 37 L. D., 509; 37 L. !>., 536; 32 L. D., 11; 32 L. D., 83; 32 L. D., 286; 32 L. D., 287; 32 L. D., 370; 32 L. D., 492; 34 L. D., 67; 34 L. D. 136; 34 L. D., 144; 34 L. D., 242; 34 L. D., 276; 34 L. D., 506; 35 L. D., 93; 35 L. D., 123; 35 L. D., 258; 35 L. D., 602. Chap. 212. An Act to amend an Act entitled "An Act to establish a court of private land claims and to provide for the settlement of private land claims in certain States and Territories," approved March third, eighteen hundred and ninety-one, and the Acts amendatory thereto, approved Feb- ruary twenty-first, eighteen hundred and ninety-three, and June twenty-seventh, eighteen hundred and ninety-eight. Approved February 26, 1909. 60 Congress, Public No. 277, Page 655. CONFLICTING CLAIMS ADJUSTMENT. Regulations under Act of July 1, 1898, 30 Stat., 597, 620, to facilitate the adjustment of conflicting claims to lands within the limits of the grant to the Northern Pacific Eailroad Company, Approved February 14, 1899, were sup- plemented with regulations of June 15, 1901, 30 L. D., 620. ADJOINING FARM HOMESTEADS. A person possessing the requisite qualifications under the homestead law (not having exhausted his right by previous entry thereunder), owning and residing on land not amounting in quantity to a quarter section, may enter other land lying contiguous to his own to an amount which shall not, with the land already owned by him, exceed in the aggregate 160 acres. For instance, if he has purchased or obtained from the Government (not under the homestead law) or from any other party 40 acres of land, he can, under the provisions of the homestead law, enter 120 acres adjoining; if he is the owner of 80 acres he can enter another 80 acres; if he is the owner of 120 acres he can enter 40 acres additional (Sec. 2289, Eev. Stat.). The party must fulfill the requirements of the homestead law as to residence and culti- vation, but will not be required to remove from the land which he originally owned in order to reside upon and cultivate that which he thus acquires under the homestead law, since the whole 160 acres are considered as consti- tuting one farm or body of land, residence of and cultivation of a portion of which is equivalent to residence upon and cultivation of the whole, except that patent for the adjoining homestead will not be issued until five years from date of entry thereof. Adjoining farm entries under Sec. 2289 of the Kevised Statutes are not to be confounded with additional entries under other statutes. GENERAL COAL-LAND LAWS AND REGULATIONS THEREUNDER. 1. Sale of coal lands. 2. Entry of coal lands. 3. Entry by individuals. 4. Entry by an association. 5. Number of entries allowed one person or association. 6. Information furnished. 7. Preference right of entry. 8. Authority of local officers to order hearing after entry has been allowed. 9. Authority of local officers to order hearing prior to allowance of entry. 10. Application to purchase otherwise than by preference right. 11. Declaratory statement for preservation of preference right of entry. 12. Time allowed for making final proof and payment. 13. Sixty days and one year limitation. 14. Affidavit for purchase in exercise of preference right. 15. Affidavit for purchase and entry by an association. 16. Verification of applications, declaratory statements, and affidavits. 17. Publication of application. 18. Proof of publication. 172 19. Form of notice for publication. 20. Payment. 21. Delivery of patent. 22. Adverse rights. 23. Application for survey. 24. Rules of practice. 25. Reports of local officers. Coal lands in Alaska. Circular September 7, 1909. Miscellaneous regulations. (See pages 307, 187.) GENERAL LAND OFFICE CIRCULARS, WITH AMENDMENTS AND SUPPLEMENTS CONCERNING COAL-LAND LAWS AND BEGULATIONS THEREUNDER. Department of the Interior, General Land Office, Washington, D. C., April 12, 1907. The following coal-land laws relating to the public-land States and Territories and to the district of Alaska, together with the rules and regulations as now applicable, are herewith published for the instruction of the local land officers and the information of intending applicants. All rules and regulations heretofore issued under said laws are hereby abrogated. (See Isolated Tracts.) PART I. TITLE XXXII, CHAPTER Six. MINERAL LANDS AND MINING RESOURCES. Sec. 2347. Every person above the age of twenty-one years, who Entry of coal lands.is a citizen of the United States, or who has declared l79 M s rc i' y 18 !?' p'ki s intention to become such, or any association of COT. ' 'persons severally qualified as above, shall, upon application to the Register of the proper land office, have the right to enter, by legal subdivisions, any quantity of vacant coal lands of the United States not otherwise appropriated or reserved by com- petent authority not exceeding one hundred and sixty acres to such individual person, or three hundred and twenty acres to such association, upon payment to the Receiver of not less than ten dollars per acre for such lands where the same shall be situated more than fifteen miles from any completed railroad, and not less than twenty dollars per acre for such lands as shall be within fifteen miles of such road. Sec. 2348. Any person or association of persons severally quali- fied, as above provided, who have opened and P I>ove( i' or sna ^ hereafter open and improve, any coal mine or mines upon the public lands, and shall be in actual possession of the same, shall be entitled to a prefer- ence right of entry, under the preceding section, of the mines so opened and improved : Provided, That when any association of not less than four persons, severally qualified as above provided, shall have expended not less than five thousand dollars in working and improving any such mine or mines, such association may enter not exceeding six hundred and forty acres, including such mining improvements. 173 Sec. 2349. All claims under the preceding section must be pre- sented to the Register of the proper land district within sixty days after the date of actual posses- sion and the commencement of improvements the land, by the filing of a declaratory statement therefor; but when the township plat is not on file at the date of such improvement, filing must be made within sixty days from the receipt of such plat at the district office; and where the improve- ments shall have been made prior to the expiration of three months from the third day of March, eighteen hundred and seventy-three, sixty days from the expiration of such three months shall be allowed for the filing of a declaratory statement, and no sale under the provisions of this section shall be allowed until the expiration of six months from the third day of March, eighteen hundred and seventy-three. Sec. 2350. The three preceding sections shall be held to author- ize only one entry by the same person or association of persons; and no association of persons any me ber of which shall have taken the benefit of such sections, either as an individual or as a member of any other asso- ciation, shall enter or hold any other lands under the provisions thereof; and no member of any association which shall have taken the benefit of such sections shall enter or hold any other lands under their provisions ; and all persons claiming under section twenty- three hundred and forty-eight shall be required to prove their respective rights and pay for the lands filed upon within one year from the time prescribed for filing their respective claims; and upon failure to file the proper notice, or to pay for the land within the required period, the same shall be subject to entry by any other qualified applicant. Sec. 2351. In case of conflicting claims upon coal-lands where the improvements shall be commenced, after the third day of March, eighteen hundred and seventy- [b ^ G s ict ^ s clalm> three, priority of possession and improvement, fol- lowed by proper filing and continued good faith, shall determine the preference-right to purchase. And also where improvements have already been made prior to the third day of March, eighteen hun- dred and seventy-three, division of the land claimed may be made by legal subdivisions, to include, as near as may be, the valuable improvements of the respective parties. The Commissioner of the General Land Office is authorized to issue all needful rules and regulations for carrying into effect the provisions of this and the four preceding sections. Sec. 2352. Nothing in the five preceding sections shall be con- strued to destroy or impair any rights which may have attached prior to the third day of March, /jjj***^ 8 . reserved eighteen hundred and seventy-three, or to authorize the sale of lands valuable for mines of gold, silver, or copper. RULES AND REGULATIONS. 1. The sale of coal lands is provided for (a) By ordinary cash entry under section 2347; (b) By cash entry under a preference right to purchase acquired by compliance with the provisions of section 2348. 2. Coal lands may be entered only after survey and by legal 174 subdivisions. The lands must be vacant and unappropriated and must contain workable deposits of coal and must not be valuable for mines of gold, silver, or copper. Lands containing lignites are included under the term "coal lands." 3. Entry by an individual may be made only by a person above the age of 21 years who is a citizen of the United States or has declared his intention to become such, and shall not embrace more than 160 acres. Entry by an association of persons may embrace 320 acres, but each person composing the association must be quali- fied as in the case of an individual entryman. A corporation is held to be an association under the provisions of the coal-land law. 4. "When an association of not less than four persons, severally qualified as required in the case of an individual entryman, shall have expended not less than $5,000 in working and improving a mine or mines of coal upon the public lands, such association may enter not exceeding 640 acres, including such mining improvements. 5. But one entry of coal lands by any person or association of persons is allowed by the law. No person who, and no association any member of which, either as an individual or as a member of an association, shall have had the benefits of the law may enter or hold any other coal lands thereunder. The right so to enter or hold is exhausted whether an entry embraces in any instance the maximum area allowed by the law or less ; also by the acquisition of a prefer- ence right of entry unless sufficient cause for the abandonment thereof is shown. Assignment of a preference right of entry under section 2348, Revised Statutes, will not hereafter be recognized. 6. Information will be furnished registers and receivers by the Commissioner of the General Land Office of the price at which all coal lands in their respective districts will be offered. The local land officers will from time to time be furnished with schedules and maps (1) showing lands known to lie without ascertained coal areas and open to entry under the general land laws, according to the character of each particular tract; (2) showing lands known to contain workable deposits of coal, whereon prices will be fixed upon information derived from field examination; and (3) showing lands containing coal of such character as may, from their location at a distance from transportation lines, be sold at the minimum price fixed by the statute as hereinafter stated. Local land officers will allow coal entries for lands in the first and third classes at the minimum price fixed by the statute, and for those in the second class at the prices stated in the schedules and maps furnished them. Lands listed in classes 2 and 3 are sub- ject to entry under the coal-land laws only, unless shown by the applicant to be of such character as to be subject to entry under some other law. For those lands listed as of the first and third classes (when entered under the coal-land laws) the price is not less than $10 per acre when situated more than 15 miles from a completed railroad and $20 when situated within 15 miles of a com- pleted railroad; and where the lands lie partly without such limit, the higher price must be paid for each smallest legal subdivision the greater part of which lies within 15 miles of such railroad. The term "completed railroad" is construed to mean a railroad actually constructed, equipped, and operating at the date of entry. The distance is to be calculated from the point on such railroad 175 nearest the lands applied for, and the facts in each case must be shown by the affidavit of the applicant, corroborated by the affidavit of some disii;te:< led credible person having actual knowledge thereof. 7. A preference right of entry accrues only where a person or association of persons, severally qualified, have opened and improved a coal mine or mines upon the public lands and shall be in actual possession thereof and not by the filing of a declaratory statement. A perfunctory compliance with the law in this respect will not suffice, but a mine or mines of coal must be in fact opened and improved on the land claimed. There is no authority under which a coal mine upon public lands, entry not having been made, may be worked and operated for profit and sale of the coal, or beyond the opening and improving of the mine as a condition precedent to a preference right under section 2348 of the Revised Statutes. To preserve a preference right of entry specified in the statute the person or association of persons having acquired the same must present to the register of the proper land district, within sixty days from the date of actual possession and commencement of improvements upon the land, a declaratory statement therefor in all cases where the township plat has been filed. When the township plat is not on file at the date of such improvement, such declaratory statement must be presented within sixty days from the receipt of such plat at the district land office. 8. After entry has been allowed the local officers have no authority to order a hearing or make further determination with respect to it, except upon instructions from the General Land Office. They will, however, receive all protests against it and promptly for- ward them, together with a statement of the facts shown by their records, for consideration and action. 9. Prior to entry it is competent for the local officers to order a hearing on sufficient grounds set forth under oath by any protestant. 10. When it is sought to purchase otherwise than in the exer- cise of a preference right the party will himself make oath to the following application, which must be presented to the register : I, , hereby apply, under the provisions of the Ee- vised Statutes of the United States, relating to the sale of coal lands of the United States, to purchase the - - quarter of section , in township - - of range , in the district of lands subject to sale at the land office at - , and containing acres; and I solemnly swear that no portion of said tract is in the possession of any other party or parties who has or have commenced improve- ments thereon for the development of coal; that I am twenty-one years of age; a citizen of the United States (or have declared my intention to become a citizen of the United States), jind have never held, except or purchased any lands under said act, either as an individual or as a member of an association ; that I make this application in good faith for my own benefit, and not, directly or indirectly, in whole or in part, in behalf of any other person or persons whomsoever; and I do further swear that I am well ac- quainted with the character of said described land, and with each and every legal subdivision thereof; that my knowledge of said land is such as to enable me to testify understandingly with regard thereto; that said land contains workable deposits of coal; that there is not to my knowledge within the limits thereof any valuable vein or lode of quartz or other rock in place bearing gold, silver, or copper, and that there is not within the limits of said land, to my knowledge, any valuable deposit of gold, silver, or copper. So help me God. 11. Where a preference right of entry is sought to be preserved the required declaratory statement must be substantially as follows : I, , do hereby declare my intention to .purchase, in the exercise of a preference right, under the provisions of the Re- vised Statutes of the United States relating to the sale of the coal lands of the United States, the quarter of section of town- ship - - of range - , in the district of the lands subject to sale at the district land office at ; and I do solemnly swear that I am years of age and a citizen of the United States (or have declared my intention to become a citizen of the United States) ; that I have never, either as an individual or as a member of an association, held, except - - or purchased any coal lands under the aforesaid provisions of the Revised Statutes ; that I was in pos- session of, and commenced improvements on, said tract on the - day of , A. D. 19 , and have ever since remained in actual possession continuously; that I have opened and improved a val- uable mine of coal thereon, and have expended in labor and improve- ments on said mine the sum of dollars, the labor and improve- ments being as follows : (Here describe the nature and character of the improvements) ; and I do furthermore solemnly swear that I am well acquainted with the character of said described land and with each and every legal subdivision thereof ; that my knowledge of said land is such as to enable me to testify understandingly with regard thereto ; that there is not, to my knowledge, within the limits thereof any valuable vein or lode of quartz or other rock in place bearing gold, silver, or copper, and that there is not within the limits of said land, to my knowledge, any valuable deposit of gold, silver, or cop- per. So help me God. 12. One year from and after the expiration of the period allowed for filing the declaratory statement is given within which to make proof and payment ; but the local officers will allow no party to make final proof and payment except on special written notice to all others who appear on their records as claimants to the same tract. No notice will be given to parties whose declaratory state- ments have expired by limitation under the law. 13. A declarant will not be permitted to file after the expira- tion of the sixty days allowed nor to exercise a preference right of purpose after the expiration of the year. 14. When it is sought to purchase, in the exercise of a pref- erence right, the applicant must himself make the following affi- davit, which must be presented to the register : I, - , claiming, under the provisions of the revised Statutes of the United States relating to the sale of coal lands of the United States, the preference right to purchase the - - quar- ter of section - , in township of range , subject to sale at the district land office at - , hereby apply to purchase and enter the same; and I do solemnly swear that I have not hitherto held, except or purchased, either as an individual or as a 177 member of an association, any coal lands under the aforesaid pro- visions of the law ; that I have expended in developing coal mines on said tract, in labor and improvements, the sum of - - dol- lars, the nature of such improvements being as follows: - ; that I am now in the actual possession of said mines, and make the entry in good faith for my own benefit, and not, directly or indirectly, in whole or in part, in behalf of any person or persons whomsoever ; and I do furthermore swear that I am well acquainted with the character of said described land, and with each and every legal subdivision thereof; that my knowledge of said land is such as to enable me to testify understandingly with regard thereto; that said land contains workable deposits of coal ; that there is not, to my knowledge, within the limits thereof any valuable vein or lode of quartz or other rock in place bearing gold, silver, or cop- per, and that there is not within the limits of said land, to my knowledge, any valuable deposits of gold, silver, or copper. So help me God. 15. Where purchase and entry, whether in the exercise of a , preference right or otherwise, is made by an association, each mem- ber thereof must subscribe and swear to the application or affidavit, the necessary changes being made to cover the joint possession and expenditure and the purchase and entry in their joint interests. 16. Each application, declaratory statement, and affidavit, forms whereof are given above, must be verified before the register or ' receiver or some officer authorized by law to administer oaths in the land district wherein the lands involved are situate. (Amend- ment of Apr. 29, 1908.) 17. Upon the filing of an application to purchase coal lands under the provisions of paragraphs 10 or 14 the applicant will be required, at his own expense, to publish a notice of said application in a newspaper nearest the lands, to be designated by the register, for a period of thirty days, during which time a similar notice must be posted in the local land office and in a conspicuous place on the land. The notice should describe the land applied for and state that the purpose thereof is to allow all persons claiming the land applied for, or desiring to show that the applicant's coal entry should not be allowed for any reason, an opportunity to file objec- tions with the local land officers. Publication must be made sufficiently in advance to permit entry within the year specified by the statute. 18. After the thirty day period of newspaper publication has expired, the claimant will furnish from the office of publication a sworn statement (including an attached copy of the publishril notice) that the notice was published for the required period, giv- ing the first and last date of such publication, and his own affidavit, or that of some credible person having personal knowledge of the fact, showing that the notice aforesaid remained conspicuously" posted upon the land sought to be patented during said thirty days publication, giving the dates. The register shall certify to the fa<-t that the notice was posted in his office for the full period of thirty days, the certificate to state distinctly when such posting was done and how long continued, giving the dates. In no case shall entry be allowed until the proofs specified have been filed. The claimant will be required within thirty days after the 178 expiration of the period of newspaper publication to furnish the proofs specified in said paragraph and tender the purchase price of the land. Should the specified proofs and purchase price be not furnished and tendered within this time, the local land officers will thereupon reject the application, subject to appeal. Furthermore, in the exercise of a preference right to purchase, no part of the thirty- day period specified herein may extend beyond the year fixed by the statute. (Amendment of Nov. 30, 1907.) 19. Of the following forms, the one appropriate to the sections of the Revised Statutes under which application is made should be used for publication of all notices of application to enter coal lands : 4-365. Notice for Publication. Coal Entry. (Section 2347, B. S.) Land Office. ,19.... Notice is hereby given that , of , County of , State of , has this day filed in this office his application to purchase, under the provisions of Section 2347, U. S. Kevised Statutes, the of Section No. . ., Township No. .., Range No Any and all persons claiming adversely the lands described, or desiring to object for any reason to the entry thereof by the applicant, should file their affidavits of protest in this office during the thirty-day period of publication immediately following the first printed issue of this notice, otherwise the application may be allowed. , Register. 4-366. Notice for Publication. Coal Entry. (Sees. 2348-52, E. S.) Land Office. , 19-... Notice is hereby given that , of , County of , State of , who, on the day of , 19. ., filed in this office his coal declaratory statement for the of Section No. .., Township No. .., Range No. . ., has this day filed in this office his application to purchase said land under the provisions of Sections 2348 to 2352, U. S. Revised Statutes. Any and all persons claiming adversely the lands described, or desiring to object for any reason to the entry thereof by the applicant, should file their affidavits of protest in this office during the thirty-day period of publication immediately following the first printed issue of this notice. , Register. 20. When it is sought to purchase, either by ordinary cash entry or in the exercise of a preference right, the register, if he finds the tract applied for is vacant, surveyed, and unappropriated, and that the claimant has complied with all the laws and regulations relating to the acquisition of coal lands, will so certify to the n reiver, stating the prescribed purchase price, and the applicant must then pay the same. 21. The receiver will then issue to the purchaser a duplicate receipt, and at the close of the month the register and receiver will make returns of the sale to the General Land Office, whence, if the proceedings are found to be regular, a patent will be issued ; and on surrender of the duplicate receipt such patent will be delivered, at the option of the patentee, either by the Commissioner at Washing- ton or by the register at the district land office. 22. An application for cash entry will be subject to any valid adverse right which may have attached to the same land pursuant to section 2348, Revised Statutes. 23. Qualified persons or associations who are lawfully in pos- 179 session of tracts of coal lands which are still unsurveyed may, under sections 2401, 2402, and 2403, Revised Statutes, as amended by the Act of August 20, 1894, apply to the Surveyor-General for the sur- vey of the township or townships, or portions thereof, embracing the lands claimed, to be specified as nearly as practicable. Each such application must be accompanied by the affidavit of the appli- cant or applicants, duly corroborated by at least two competent persons, setting forth the qualifications of the former as claimant or claimants of the land, the facts constituting their possession, the character of the land, and such other facts in the case as are essen- tial in that connection. If the Surveyor-General approves the appli- cation he will thereupon transmit it to the General Land Office with the affidavits and his report. 24. The "Rules of practice in cases before the United States district land offices, the General Land Office, and the Department of the Interior" will, as far as applicable, govern all cases and pro- ceedings arising under the statutes providing for the sale of coal lands. 25. Local officers will report at the close of each month as "sales of coal lands" all filings and entries in separate abstracts, commencing with No. 1 and thereafter proceeding consecutively in the order of their reception. Where a series of numbers has already been commenced by sale of coal lands they will continue the same without change. PART II. COAL LANDS IN ALASKA. [Act June 6, 1900 (31 Stat., 658.)] An Act to Extend the Coal-land Laws to the District of Alaska. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That so much of the public-land laws of the United States are hereby extended to the district of Alaska as relate to coal lands, namely, sections twenty-three hundred and forty-seven to twenty-three hundred and fifty-two, inclusive, of the Revised Statutes. [Act April 28, 1904 (33 Stat., 525.)] An Act to Amend an Act Entitled "An Act to Extend the Coal-land-laws to the District of Alaska, ' ' Approved June Sixth, Nineteen Hundred. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That any per- son or association of persons qualified to make an entry under the coal-land laws of the United States, who shall have opened or improved a coal mine or coal mines on any of the unsurveyed public lands of the United States in the district of Alaska, may locate the lands upon which such mine or mines are situated, in rectangular tracts containing forty, eighty, or one hundred and sixty acres, with north and south boundary lines run according to the true meridian, by marking the four corners thereof with permanent monuments, so that the boundaries thereof may be readily and easily traced. And all such locators shall, within one year from the passage of this Act, or within one year from making such location, file for record in the recording district, and with the register and receiver of the land district in which the lands are located or situated, a notice containing the name or names of the locator or locators, the date of the location, the description of the lands located, and a refer- 180 ence to such natural objects or permanent monuments as will readily identify the same. Sec. 2. That such locator or locators, or their assigns, who are citizens of the United States, shall receive a patent to the lands located by presenting, at any time within three years from the date of such notice, to the register and receiver of the land district in which the lands so located are situated an application therefor, accompanied by a certified copy of a plat of survey and field notes thereof, made by a United States deputy surveyor or a United States mineral surveyor duly approved by the Surveyor-General for the district of Alaska, and a payment of the sum of ten dollars per acre for the lands applied for; but no such application shall be allowed until after the applicant has caused a notice of the pre- sentation thereof, embracing a description of the lands, to have been published in a newspaper in the district of Alaska published nearest the location of the premises for a period of sixty days, and shall have caused copies of such notice, together with a certified copy of the official plat of survey, to have been kept posted in a conspicuous place upon the land applied for and in the land office for the district in which the lands are located for a like period, and until after he shall have furnished proof of such publication and posting, and such other proof as is required by the coal-land laws: Provided, That nothing herein contained shall be so con- strued as to authorize entries to be made or title to be acquired to the shore of any navigable waters within said district. Sec. 3. That during such period of posting and publication, or within six months thereafter, any person or association of persons having or asserting any adverse interest or claim to the tract of land or any part thereof sought to be purchased shall file in the land office where such application is pending, under oath, an adverse claim, setting forth the nature and extent thereof, and such adverse claimant shall, within sixty days after the filing of such adverse claim, begin an action to quiet title in a court of competent juris- diction within the district of Alaska, and thereafter no patent shall issue for such claim until the final adjudication of the rights of the parties, and such patent shall then be issued in conformity with the final decree of such court therein. Sec. 4. That all the provisions of the coal-land laws of the United States not in conflict with the provisions of this Act shall continue and be in full force in the district of Alaska. RULES AND REGULATIONS. 1. Persons or associations of persons locating or entering coal lands in the district of Alaska under the provisions of the Act of April 28, 1904 (33 Stat. L., 525), amendatory of the Act of June 6, 1900 (31 Stat. L., 330), are required to possess the qualifications of persons or associations making entry under the general coal-land laws of the United States, and are subject to the same limitations. 2. The lands must be vacant and unappropriated, and must con- tain deposits of coal, and must not be valuable for mines of gold, silver, or copper. Lands containing lignites are included under the term "coal lands." 3. Entry by an individual may be made only by a person above the age of 21 years, who is a citizen of the United States, and shall 181 not embrace more than 160 acres. Entry by an association of per- sons may embrace 320 acres, but each person composing the associa- tion must be qualified as in the case of an individual entryman. A corporation is held to be an association under the provisions of the coal-land law. 4. When an association of not less than four persons, severally qualified as required in the case of an individual entryman, shall have expended not less than $5,000 in working and improving a mine or mines of coal upon the public lands, such association may enter not exceeding 640 acres, including such mining improvements. 5. But one entry of coal lands by any person or association of persons is allowed by the law. No person who, and no association any member of which, either as an individual or as a member of an association, shall have had the benefits of the law may enter or hold other coal lands thereunder. The right so to enter or hold is ex- hausted, whether an entry embraces in any instances the maximum area allowed by the law or less. 6. There is no authority under which a coal mine upon public lands, entry not having been made, may be worked and operated for profit and sale of the coal, or beyond the opening and improving of the mine as a condition precedent to the right to apply for patent. 1. The requirement of the statute with respect to the form of the tract sought to be entered is construed to mean that the bound- ary lines of each entry must be run in cardinal directions, i. e., due north and south and east and west lines, by reference to a true meridian (not magnetic), with the exception of meander lines on meanderable streams and navigable waters forming a part of the boundary lines of a location. Those meander lines which form part of the boundary of a claim will be run according to the directions* in the Manual of Surveying Instructions, but other boundary lines will be run in true east and west and north and south directions, thus forming rectangles, except at intersections with meandered lines. 8. The permanent monuments to be placed at each of the four corners of the tract located may consist of First. A stone at least 24 inches long, set 12 inches in the ground, with a conical mound of stone l 1 /^ feet high, 2 feet base, alongside. Second. A post at least 3 feet long by 4 inches square, set 18 inches in the ground, and surrounded by a substantial mound of stone or earth. Third. A rock in place; and, whenever possible, the identity of all corners should be perpetuated by taking courses and distances to bearing trees, rocks, or other objects, permanent objects being selected for bearings whenever possible. 9. It is further provided by the first section of the act that within one year from the date of the passage of the act or within one year from making the location there shall be filed for record in the recording district and with the register and receiver of the land district in which the land is situated a notice containing the name or names of the locator or locators, the date of the location, the description of the lands located, and a reference to such natural objects or permanent monuments as will readily identify the same. In other words, the notice should contain a complete description in 182 every particular of the claim as it is marked and montimented upon the ground. 10. By the second section of the act the locator or his assigns is allowed three years from the date of filing the notice prescribed in the first section of the act within which to file an application with the local land officers for a patent for the land claimed. It will thus be seen that persons or associations of persons claiming coal lands in that district at the date of the passage of the act have four years from location or from the date of the act within which to present their applications for patent. 11. Persons or associations of persons who fail to record their notices within the time prescribed by the first section of the act, or fail to file application for patent in the time prescribed by the sec- ond section, forfeit their rights to the particular tract located. 12. With the application for patent the claimant must file a certified copy of the plat of survey and field notes thereof made by a United States deputy surveyor or a United States mineral sur- veyor, duly approved by the Surveyor-General of the district of Alaska. Under this clause of the act it will be allowable for the claimant, at his own expense, to procure the making of a survey by one of the officials mentioned without first making application to the Surveyor-General, but the survey when made is to be sub- mitted to and approved by the Surveyor-General and by him num- bered serially. 13. The survey must be made in strict conformity with or be embraced within the lines of the location as appears from the rec- ord thereof with the recorder in the recording district, and must be made in according with the regulations relative to lode and placer mining claims so far as they are applicable. 14. Upon the presentation of an application for patent, if no reason appears for rejecting it, it will be received by the register and receiver and the claimant required to publish a notice thereof for the period of sixty days in a newspaper in the district of Alaska published nearest the location of the particular lands, and to cause a copy thereof, together with a certified copy of the official plat of survey, to be posted and remain posted throughout the period of publication in a conspicuous place upon the land applied for, and the register will post a copy of such notice and official plat in his office for the same period. When the notice is published in a weekly newspaper nine consecutive insertions are necessary; when in a daily newspaper, the notice must appear in each issue for sixty-one consecutive issues. In both cases the first day of issue must be excluded in estimating the period of sixty days. 15. The notice so published must embrace all the data given in the notice posted upon the claim and in the local land office. In addition to such data, the published notice must further indicate the locus of the claim by giving the connecting line, as shown by the field notes and plat, between a corner of the claim and a United States mineral monument or a corner of the public survey, if there is one, and fix the boundaries of the claim by courses and distances. The publication in the newspaper and the posting upon the land and in the local land office must cover the same period of time. 16. Upon the expiration of the sixty-day period prescribed the 183 claimant may file in the local land office a sworn statement from the office of publication, to which shall be attached a copy of the notice published, to the effect that the notice was published for the statu- tory period, giving the first and last day of such publication, and his own affidavit showing that the plat and notice aforesaid remained conspicuously posted upon the claim sought to be patented during the sixty-day period of publication, giving the dates. The register will also file with the record a certificate showing that the notice and plat were posted in his office for the full period of sixty days, such certificate to state distinctly when such posting was done and how long continued. Not earlier than six months after the expiration of the period of publication, if no objections are interposed or adverse claim filed, entry may be allowed upon payment of the price per acre specified by the act, which is $10 per acre in all cases. 17. The proviso to the second section of the act is as follows : That nothing herein contained shall be so construed as to author- ize entries to be made or title to be acquired to the shore of any navigable waters within said district. The term "shore" is defined to mean the land lying between high and low water marks of any navigable waters within said district. 18. Section 3 provides for the assertion by any person or asso- ciation of persons of an adverse claim, and requires that such adverse claim shall be filed during the period of posting and publi- cation or within six months thereafter ; that it shall be under oath, and set forth the nature and extent thereof. 19. An adverse claim may be verified by the oath of the adverse claimant or by the oath of any duly authorized agent or attorney in fact of the adverse claimant cognizant of the facts stated, and when verified by such agent or attorney in fact he must distinctly swear that he is such agent or attorney in fact and accompany his affidavit by proof thereof. The adverse claimant should set forth fully the nature and extent of the interference or conflict by filing with his adverse claim a plat showing his entire claim and its sit- uation or position with relation to the one against which he claims ; whether he claims as a purchaser for valuable consideration or as a locator; if the former, a certified copy of the original location, the original conveyance or duly certified copy thereof, or an abstract of title from the office of the proper recorder should be furnished, or, if the transaction was a merely verbal one, he will narrate the cir- cumstances attending the purchase, the date thereof, and amount paid, which facts will be supported by the affidavits of one or more witnesses, if any were present at the time; and if he claims as locator, he must file a duly certified copy of the location notice from the office of the proper recorder and his affidavit of continued ownership. 20. Upon the filing of such adverse claim within the sixty days period of posting and publication, or within six months thereafter, the party who files the adverse claim shall, under the act, within sixty days after the filing of such adverse claim, begin an action to quiet title in a court of competent jurisdiction within the district of Alaska. 184 21. All papers filed should have indorsed upon them the precise date of filing; and upon the filing of an adverse claim within the time prescribed by the statute all proceedings on the application for patent will be suspended, with the exception of the completion of the publication and posting of notice and plat and filing the neces- sary proof thereof, until final adjudication of the rights of the parties. In cases of final judgment rendered the party entitled under the decree must, before he is allowed to make entry, file a certified copy thereof. 22. Where such suit has been dismissed a certificate of the clerk of the court to that effect or a certified copy of the order of dis- missal will be sufficient. Where no suit has been commenced against the application for patent within the statutory period, a certificate to that effect by the clerk of the Territorial court having jurisdic- tion will be required. 23. In connection with the foregoing, it is to be borne in mind that by section 4 of the act it is declared : That all the provisions of the coal-land laws of the United States not in conflict with the provisions of this Act shall continue and be in full force in the district of Alaska. 24. An assignment to a qualified person of a preference right of entry under the Act of April 28, 1904, will be recognized when prop- erly executed. Proof and payment by the assignee must be made, however, in the same manner and within the same time as though there had been no assignment. 25. The following forms for notice of location and application for patent should be used : NOTICE OF LOCATION. I, - , of - , having on the day of , 19 , opened and improved a coal mine on the following-described tract (here describe the lands by metes and bounds in rectangular form with north and south boundary lines run according to the true meridian, and a reference to such natural or permanent objects as will readily identify the same), do hereby locate the same as pro- vided by the Alaska coal-land Act of April 28, 1904 (33 Stats., 525) ; and I do solemnly swear that I am a citizen of the United States (or have declared my intention to become a citizen of the United States) ; that I am over the age of 21 years; that I have never either as an individual or as a member of an association held, except , or purchased any coal lands of the United States ; that I have remained in actual possession of said land continuously since the - - day of - , 19 ; that I have expended in labor and improvements on said mine the sum of - - dollars, the labor and improvement being as follows (here describe the nature and character of such improvements) ; and I do furthermore solemnly swear that I am well acquainted with the character of said described lands and with each and every portion thereof; that my knowledge of said lands is such as to enable me to testify understandingly with regard thereto ; that there is not, to my knowledge, within the limits thereof any valuable vein or lode of quartz or other rock in place bearing gold, silver, copper, or other valuable minerals, and that there is not within the limits of said land, to my knowledge, any valuable 185 deposits of gold, silver, or copper or other minerals. So help me God. Dated , 19. (Jurat.) APPLICATION FOR PATEXT. I, , claiming under the provisions of the Act of April 28, 1904 (33 Stats.. 525), amendatory of the Act of June 6, 1900 (31 Stats., 658), extending the coal-land laws to the district of Alaska, do hereby apply to purchase the land described in the accom- panying field notes and plat and subject to sale at the district land office at - , Alaska ; and do solemnly swear that my title to said tract is as follows : - - as will more fully appear by the certified copy of location notice and abstract of title filed herewith ; that I am above the age of 21 years, and a citizen of the United States; that I have not hitherto held, except , or purchased, either as an individual or as a member of an association, any coal lands under the provisions of the coal-land laws; that I have expended in developing coal mines on said tract, in labor and improvements, the sum of dollars, the nature of said improve- ments being as follows: ; that I am now in the actual possession of said mines and make the entry in good faith for my own benefit, and not, directly or indirectly, in whole or in part, in behalf of any person or persons whomsoever; and I do further- more swear that I am well acquainted with the character of said described land, and with each and every portion thereof; that my knowledge of said land is such as to enable me to testify under- standingly with regard thereto ; that said land contains deposits of coal; that there is not, to my knowledge, within the limits thereof any valuable vein or lode of quartz or other rock in place bearing gold, silver, copper, or other valuable minerals, and that there is not within the limits of said land, to my knowledge, any valuable deposits of gold, silver, copper, or other minerals. So help me God. (Jurat.) 26. The notice of location and the application for patent, the forms of which are given above, may be sworn to by the claimant before any officer authorized by law to administer oaths, but the authority of said officer must be properly shown. 27. Any party duly qualified under the law, after swearing to his notice of location or application for patent, may, by a sufficient power of attorney duly executed under the laws of the State or Territory in which such party may be then residing, empower ;in agent to file with the register of the proper land office the notice of location or application for patent, and also authorize him to make payment for and entry of the lands in the name of such qualified party ; and when such power of attorney shall have been filed in the local land office such agent may act thereunder as indicated, but no person will be permitted to act as such agent for more than four applicants. 28. Where a claimant shows by affidavit that he is not person- ally acquainted with the character of the land, any qualified person may make the required affidavit as to its character; but whether 186 this affidavit is made by the claimant or by another it must be cor- roborated by the affidavits of two disinterested and credible wit- nesses having personal knowledge of the facts. 29. The "Rules of practice in cases before the United States district land offices, the General Land Office, and the Department of the Interior," will, as far as applicable, govern all cases and pro- ceedings arising under the statutes providing for the sale of coal lands. 30. Local officers will report at the close of each month as ' ' sales of coal lands" all filings and entries in separate abstracts, com- mencing with number one and thereafter proceeding consecutively in the order of their reception. Where a series of numbers has already been commenced by sale of coal lands, they will continue the same without change. R. A. Ballinger, Commissioner. Department of the Interior, April 12, 1907. Approved. James Rudolph Garfield, Secretary. Department of the Interior, General Land Office, Washington, D. C., June 27, 1908. Eegisters and Receivers, United States Land Offices, Alaska. Sirs: The instructions of the General Land Office, dated March 3, 1908, relative to the time within which applications to purchase coal lands in Alaska under the Act of April 28, 1904 (33 Stat., 525), must be perfected is amended to read as follows: Your attention is called to the fact that the coal-land law of April 28, 1904 (33 Stat., 525), provides that locators or their assigns may, at any time within three years after filing the notice prescribed by the first section of the Act, make application for patent for the land claimed. This does not mean that if the application is filed at an earlier time than that allowed, the claimant may defer payment for his claim and making entry for a period of time which added to the time between filing the location notice and submitting the application for patent, will equal three years. When the claimant files his application for patent he waives the unexpired portion of the three years fixed by the statute and must, thereafter, diligently proceed to make publication and submit the proofs prescribed by the statute and the regulations. Paragraph 16 of the regulations of April 12, 1907 (35 L. D., 673), provides that payment and entry may be made not earlier than six months after the expiration of the period of publication. The law does not contemplate that this time be extended an unreasonable period at the option of the claimant, but that after the filing of the application, the case proceed regularly to entry. Accordingly, should the specified proofs and purchase price be not furnished and tendered within six months from the expiration of the six months within which adverse claims may be filed, or within six months after the final termi- nation of adverse proceedings instituted under Section 3 of the Act, you will reject the application subject to appeal: Provided, That the period of six months herein fixed within which to perfect entry shall be allowed in case of pending applications which have not been perfected within the ninety days specified by the instructions of March 3, 1908, the time to run from date hereof. This is not intended in any way to modify the circular instructions of May 16, 1907, copy inclosed herewith. Very respectfully, S. V. Proudfit, Acting Commissioner. Approved, June 27, 1908. Frank Pierce, Acting Secretary. 187 Department of the Interior, General Land Office, Washington, D, C., July 11, 1908. Registers and Receivers, United States Land Offices, and United States Surveyor-General, District of Alaska. Gentlemen: Herewith is copy of Act of Congress approved 28, 1908, Public No. 151, relating to existing unpatented coal claims in the district of Alaska. CONSOLIDATION OF CLAIMS, MAXIMUM AREA. The said Act provides a method whereby qualified persons, their heirs or assigns, who initiated coal claims in Alaska prior to No- vember 12, 1906, may consolidate their claims through the means of associations or corporations which may perfect entry and acquire title to contiguous locations, such consolidated claims not to exceed 2,560 acres of contiguous lands nor to exceed in length twice the width of the tract thus consolidated and applied for. QUALIFICATIONS OF APPLICANTS FOR CONSOLIDATED CLAIM. "When application is made by an association of persons, each member thereof must be shown to be qualified to make entry under the coal-land laws applicable to Alaska, and to be the owner, by loca- tion, inheritance, or purchase, of an undivided interest in the con- solidated claim. Proof of the qualifications of the applicants may consist of their own affidavits. The application for patent may be executed and filed by the duly authorized agent of the members of the association. A corporation applying to consolidate its claims must show at date of application that not less than 75 per cent of its stock is held by persons qualified to enter coal lands in Alaska, and to this end each such application must be accompanied by a list of the stock- holders, showing their respective holdings of stock in the corpora- tion, and the personal affidavits of those holding such 75 per cent of the capital stock, showing their qualifications under the law. Appli- cations by corporations must be signed by the president and secre- tary and attested by the corporate seal. All applications may be upon Form 4-367, modified to suit conditions. PENDING ENTRIES. Claims embraced in unpatented entries, if the entryman shall so elect, may be consolidated into a single entry under this act, upon presentation of a proper application therefor, within twelve months from date hereof. In the event of such consolidation, no further payment, publication of notice, nor any new or additional survey of the claims embraced in the consolidated entry will be required ; but the application must be accompanied by a plat of the claims as con- solidated, by proof of the qualifications of the applicants, and by evidence of the assignment of the claims to the applicants. ASSIGNMENTS. Assignments to individuals or corporations under the provisions of the Act of May 28, 1908, must be executed in accordance with local requirements, and all applications be accompanied by abstracts of title properly certified. sritVEYS. Where locations already surveyed are sought to be consolidated. 188 the application must be accompanied by a plat showing the separate locations included in the consolidation and their relation to each other. One entry may then be made for the consolidated claim. Where unsurveyed claims are consolidated, the survey may describe the exterior limits of the consolidated claim, as in the case of the survey of one location, but the field notes of survey must be accom- panied by duly certified copies of the location notices of the included claims, and must show that the survey is made substantially in accordance with the aggregate locations. Consolidated claims need not be surveyed in perfect squares or parallelograms, but the length of the consolidated claim must not exceed twice the width, length and width to be measured in straight lines. TIME WITHIN WHICH APPLICATION TO ENTER MUST BE MADE. Application for patent for consolidated claims may be accepted if filed within three years from date of the latest recorded notice of location of the included claims, exclusive of the period of sus- pension between November 12, 1906, and August 1, 1907 (Circular, May 16, 1907, 35 L. D., 572). In case of consolidation of claims, including both claims for which no application for patent has been filed and claims for which applications have been made, the appli- cation under the provision of this Act must be filed within three years from date of the latest recorded notice of location of the included claims, exclusive of the period of suspension hereinbefore mentioned. In case of consolidation of claims for all of which appli- cations for patent have already been filed, final proof, payment, and entry must be made within six months after the expiration of the period of six months prescribed by section 3 of the Act of April 28, 1904, for the filing of adverse claims has elapsed in case of all the included applications or within six months after the final adjudica- tion of the rights of the parties in adverse suits instituted with respect to any or all of such included applications : Provided that in those cases wherein the time here specified has expired applications to consolidate must be filed within six months from date hereof. SECTION 3 OF ACT. Inasmuch as section 3 deals exclusively with such coal lands or deposits as shall have been purchased under this Act, its interpre- tation seems more properly to fall within the province of the Depart- ment of Justice, and it is deemed inadvisable for this Department to attempt at this time to define its provisions. ACT APRIL 28, 1904, 33 STATS., 525. So far as not in conflict with or superseded by the Act of May 28, 1908, the Act of April 28, 1904, will govern the survey, application, and entry of the coal claims described in these instructions. PATENTS. Patents issued under the provisions of the Act of May 28, 1908, will contain recitals of the terms and conditions imposed by sections 2 and 3 of the Act. Very respectfully, S. V. Proudfit, Acting Commissioner. Approved : Frank Pierce, First Assistant Secretary. 189 [Public No. 151.] (S. 6805.) An Act to Encourage the Development of Coal Deposits in the Territory of Alaska. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all persons, their heirs or assigns, who have in good faith personally or by an attorney in fact made locations of coal land in the Territory of Alaska in their own interest, prior to November twelfth, nineteen hundred and six, or in accordance with circular of instructions issued by the Secretary of the Interior May sixteenth, nineteen hundred and seven, may consolidate their said claims or locations by including in a single claim, location, or purchase not to exceed two thousand five hundred and sixty acres of contiguous lands, not exceeding in length twice the width of the tract thus consolidated, and for this purpose such persons, their heirs, or assigns, may form associations or corporations who may perfect entry of and acquire title to such lands in accordance with the other provisions of law under which said locations were originally made: Provided, That no corporation shall be permitted to consolidate its claims under this Act unless seventy-five per centum of its stock shall be held by persons qualified to enter coal lands in Alaska. Sec. 2. That the United States shall, at all times, have the preference right to purchase so much of the product of any mine or mines opened upon the lands sold under the provisions of this Act as may be necessary for the use of the Army and Navy, and at such reasonable and remunerative price as may be fixed by the President; but the producers of any coal so purchased who may be dissatisfied with the price thus fixed shall have the right to prosecute suits against the United States in the Court of Claims for the recovery of any additional sum or sums they may claim as justly due upon such purchase. Sec. 3. That if any of the lands or deposits purchased under the provisions of this Act shall be owned, leased, trusteed, possessed, or controlled by any device permanently, temporarily, directly, indirectly, tacitly, or in any manner whatsoever so that they form part of, or in any way effect any combination, or are in anywise controlled by any combination in the form of an unlawful trust, or form the subject of any contract or conspiracy in restraint of trade in the mining or selling of coal, or of any holding of such lands by any indi- vidual, partnership, association, corporation, mortgage, stock ownership, or con- trol, in excess of two thousand five hundred and sixty acres in the district of Alaska, the title thereto shall be forfeited to the United States by proceed- ings instituted by the Attorney-General of the United States in the Courts for that purpose. Sec. 4. That every patent issued under this Act shall expressly recite the terms and conditions prescribed in sections two and three hereof. Approved, May 28, 1908. INSTRUCTIONS RELATING TO COAL LANDS, ETC. Department of the Interior, General Land Office, Washington, D. C., April 24, 1907. Registers and Receivers, United States Land Offices. Sirs: The following instructions are issued for your guidance: COAL LANDS. 1. Lands heretofore withdrawn from coal entry and not released from such withdrawals shall be entered on the tract books as "coal lands." 2. No entries of lands so noted shall be permitted under the coal-land laws until the maps and lists, as hereinafter mentioned, are filed in the local land office. Provided, however, such lands are now open for location and entry under the general mining laws for valuable deposits of gold, silver, or copper, notwithstanding the fact 190 that they may also contain workable deposits of coal. Lands noted on the tract books as coal lands may, if nonmineral in character, be entered under the appropriate land laws, but no final proof or entry will be allowed until receipt of a report from a field officer, in accord- ance with instructions from the Commissioner of the General Land Office, unless said lands have been restored to entry as hereinafter provided. 3. You will be furnished, from time to time, township maps showing the coal lands in the respective townships, containing thereon the price at which such coal lands will be sold. Lands not enumerated and priced as "coal lands" in any such township map shall be treated as restored to entry under the general land laws, and you will so note on your tract books. Upon the filing of such maps, coal claims may be received, as provided by the regulations of April 12, 1907, within the townships covered thereby. ^ All coal filings made within sixty days prior to withdrawals from coal entry may be completed within the time prescribed by the statutes, less the time from date of such withdrawals to date of special written notice of filing of the maps and lists in the local office, as herein provided, such notice to be given by you to all per- sons entitled thereto. Also persons who had, within sixty days prior to such withdrawal, opened and improved a coal mine upon public surveyed lands may file within the statutory period allowed, less that covered by the withdrawal. Claims upon unsurveyed lands classed as coal lands must be presented for filing within sixty days after the filing of the plat of survey, if the maps and plats are filed before the survey, or, after the lands have been surveyed, within sixty days after the filing of the maps and lists herein required in the local office, if the maps and lists are filed after the survey. However, in cases of valid and existent rights,' the price per acre to be paid will be the minimum price fixed by statute. LANDS NOT "COAL LANDS." 4. Lands not listed as "coal lands," as hereinbefore mentioned, may be entered under any of the public land laws applicable to the particular tract. If any of these lands are found to contain work- able deposits of coal they may be entered under the provisions of the coal land circular of April 12, 1907, at the minimum price fixed by the statute. ACTION REQUIRED BY SPECIAL AGENTS. 5. In all cases of application to make final proof, final entry, or to purchase public lands under any public land law, the Register and Receiver will at once forward a copy thereof to the Chief of Field Division of Special Agents. Such copy will be indorsed "coal lands" or "not coal lands," as the case may be. Where the land is in a National Forest or other reservation, a second copy will be for- warded to the officer in charge thereof. 6. Registers and Receivers will not issue final certificate or its equivalent in any case until the copy of notice mentioned in para- graph 5 is returned with the Chief of Field Division's indorsement thereon. The Chief of Field Division will in every case return the copy of notice prior to date for final proof or purchase. 7. "When the copy of notice is returned with an indorsement not protesting the validity of the entry, the Register and Receiver will 191 act upon the merits of the proof as submitted. Where the returned indorsement of Chief of Field Division or other officer protests the validity of the entry, the Register and Receiver will forward all papers to this office without action. 8. The Chief of Field Division, on receipt of such copy of notice, will make a case thereof on his docket, and also make a field exami- nation in the following cases: (a) Cases wherein he has reason to believe a particular entry is fraudulent. (b) Cases wherein the Register and Receiver have reason to believe a particular entry is fraudulent and have indorsed that fact upon the copy of notice. (c) Cases other than coal entries in lands classed as coal lands. Chiefs of Field Division will exert every effort to make the field examination prior to date for final proof. 9. In cases not within paragraph 8 the Chief of Field Division will return such copy of notice indorsed over his signature "no pro- test against validity of this entry." In cases under paragraph 8 he will return to the Register and Receiver the copy of notice indorsed "protest against the validity of this entry is filed in this office." If investigation is completed before date for final proof, he will so notify the Register and Receiver, by letter; and if investigation is unfavorable to entry, he will submit his report to this office. The circulars of January 21, 1907, March 15, 1907, and all parts of the circular of December 7, 1905, in conflict herewith, and all other regulations and circulars in conflict herewith, are hereby revoked. Very respectfully, R. A. Ballinger, Commissioner. Approved April 24, 1907. James Rudolph Garfield, Secretary. Department of the Interior, General Land Offica, Washington, D. 0., May 16, 1907. Eegister and Eeceiver, Juneau, Alaska. Gentlemen: The following instructions are issued for your guidance: 1. Under the order of November 12, 1906, withdrawing lands in Alaska from entry, location, or filing under the coal-land laws, and subsequent modi- fications of said order, no lands in Alaska known to contain workable deposits of coal can be entered, located, or filed upon while such orders remain in force, except as hereinafter provided. 2. All qualified persons or associations of qualified persons who had within one year prior to November 12, 1906, in good faith made legal and valid locations under the Act of April 28, 1904, may file notices of such locations in the manner and within the time prescribed by said Act, if such notices have not already been filed and such locations have not been abandoned or forfeited; and they or any other person or persons to whom they may lawfully assign their rights after such notices have been filed may thereafter proceed to make entry and obtain patent within the time and in the manner prescribed by law. 3. In computing the time within which notices of location may be filed under the preceding paragraph, the time intervening between November 12, 1906, and August 1, 1907, will not be taken into consideration or counted, but such notices may be filed within one year from the date of location, exclusive of such time. 4. All qualified persons or associations of qualified persons who may have in good faith legally filed valid notices of location under the Act of April 28, 1904, prior to November 12, 1906, and the bona fide qualified assignees of such 192 persons, may make entry and obtain patent under such notices within the timfr and in the manner prescribed by statute if they have not abandoned their right to do so. 5. In computing the time within which persons or associations of persons mentioned in the preceding paragraph may apply for patent, the time inter- vening between November 12, 1906, and the day on which they receive the written notices given by you as hereinafter required will not be considered or counted, and such applications may be made at any time within three years from the date on which such notices of location were filed, exclusive of such time. 6. You are directed to at once notify all persons or associations of per- sons who have filed notices of location in your office, including those who have pending applications for patent, and all persons or associations of persons hold- ing as assignees under such locations who have notified you of such assign- ments, of their right to proceed in the manner herein prescribed and authorized, and to furnish them with a copy of these instructions. These notices must be served either personally or by registered mail, and you should carefully pre- serve with the record in each case the registry return receipt or other evidence of such notice. 7. In all cases where you publish notice of applications for entry or patent under the coal-land laws, or under any other law, you will at once mail a copy of said notice to a special agent assigned to duty in Alaska. Should said agent thereafter file in your office a protest against the validity of the location or claim embraced in any such application you will defer action upon such application until said protest is withdrawn or appropriate action is taken thereon. Very respectfully, E. A. Ballinger, Commissioner. Approved, May 16, 1907. James Rudolph Garfield, Secretary. INSTRUCTIONS. Department of the Interior, General Land Office, Washington, D. C., May 20, 1907. Registers and Receivers, United States Land Office. Sirs: The following instructions are issued for your further guidance in cases arising under the coal-land laws: 1. As soon as the maps showing the character of any part of any town- ship or townships within your respective districts have been furnished you as prescribed in the coal-land regulations, approved April 12, 1907, you will at once post in your office a list of such townships, and furnish a copy of such list to the newspapers in your district for publication as a matter of news, but without cost to the Government for such publication. 2. You are also directed to mail a copy of these instructions and a copy of the instructions of April 24, 1907, to all persons or associations of persons shown by your records to have or claim any interest in any land covered by any pending application to purchase under the coal-land laws or embraced in any valid unexpired coal declaratory statement. 3. All qualified persons or associations of qualified persons who legally and in good faith went into possession of and improved coal mines within less than sixty days preceding the date when the lands upon which such mines are situated were withdrawn from coal entry, and who have not filed declaratory statements, may at once, or within the time prescribed by statute, namely, within sixty days after the date of actual possession, and the commencement of improvements on the land, not counting the time intervening between date of withdrawal and July 1, 1907, file such declaratory statements and proceed to obtain patent in the manner, at the minimum price, and within the time fixed by law, regardless of the fact that the maps required by the coal land regulations of April 12, 1907, may not have been filed in your office, and regard- less of the fact that a higher price may have been fixed for such lands under said regulations. 4. All qualified persons or associations of qualified persons who in good faith filed legal declaratory statements in your office prior to the date on which the lands covered thereby were withdrawn from coal entry, and all qualified 193 persons legally holding as assignees under any such declaratory statement by assignment made prior to April 12, 1907, may proceed to obtain title in the manner, at the minimum price, and within the time fixed by the statute, namely, fourteen months after the date of actual possession and the com- mencement of improvements on the land, not counting the period intervening between date of withdrawal and the mailing of copies of regulations as pre- scribed by paragraph 2 hereof, regardless of the fact that the maps required by the coal-land regulations of April 12, 1907, may not have been filed in your office at the date upon which application to purchase is presented, and regard- less of the fact that a higher price may have been fixed for the lands claimed under said regulations. All parts of regulations in conflict herewith are hereby revoked. Very respectfully, E. A. Ballinger, Commissioner. COAL LANDS SURFACE BIGHTS OF ENTRYMEN ACT OF MARCH 3, 1909. [Circular.] Department of the Interior, General Land Office, Washington, D. C., September 7, 1909. Eegisters and Receivers, United States Land Offices. Gentlemen: The circular approved March 25, 1909 (37 L. D., 528), of instructions, under the act of Congress of March 3, 1909 (35 Stat., 844), for the protection of surface rights of entrymen, is amended to read as follows: The Purpose of the Act. 1. The main purpose of the act is to protect persons who, in good faith, have located, selected, or entered, under nonmineral laws, public lands which are, after such location, selection, or entry, classified, claimed or reported as being valuable for coal by providing a means whereby such persons may, at their election, retain the lands located, selected, or entered, subject to the right of the Government to the coal therein. It applies alike to locations, selections, and entries made prior to its passage and those made subsequently thereto. The act also provides for the disposal, under the existing coal-land laws, of the coal contained in such lands. Election. 2. All persons who, in good faith, locate, select, or enter, under the non- mineral laws, lands which are, subsequently to the date of such location, selection, or entry, classified, claimed or reported as being valuable for coal, may elect, upon making satisfactory proof of compliance with the laws under which they claim, to receive patents upon their location, selection, or entry, as the case may be, such patents to contain a reservation to the United States of all coal in the lands and the right of the United States, or anyone authorized by it, to prospect for, mine, and remove the coal in accordance with the conditions and limitations imposed by the Act; or may decline to elect to receive patent with such reservation, in which event proceedings shall be had as hereinafter indicated. Lands Classified, Claimed, or Reported as Coal Lands. 3. Upon receipt of these instructions, Registers and Receivers will promptly advise, by registered mail, each nonmineral claimant to land, which, subsequent to location, selection, or entry, has been classified, claimed, or reported as being valuable for coal, that at the time of applying for notice of intention to submit final proof that he must, in writing, state whether he elects to receive a patent containing the reservation prescribed by the Act. In the event of election to receive such patent, no further inquiry will be necessary respecting the coal character of the land. In the event the claimant declines to elect to receive such patent, evidence will be received at the time of making final proof for the purpose of determining whether the lands are chiefly valuable for coal; and the entryman, locator, or selector will be entitled to a patent without reservation unless at the time of hearing on final proof it shall be shown that the land is chiefly valuable for coal. The claimant may, after determination at final proof that the lands 194 are chieflly valuable for coal, elect to receive patent with the statutory reservation, provided, of course, proof of compliance with the law in other respects is satisfactory. Notice to Chief of Field Division. 4. Where the nonmineral claimant indicates his intention to contest the alleged coal character of the land involved, the chief of the appropriate field division must be advised sufficiently to enable him to be prepared to represent the Government at the time such final proof is made. Action of the Register and Receiver. 5. In every case where there is controversy as to the coal character of the land, and evidence is offered thereon, the Kegister and Receiver will forward the testimony and other papers to the Commissioner of the General Land Office, with appropriate recommendation, notice of which should be given the claimant. Where Final Proof Has Already Been Submitted. 6. Where satisfactory final proof has heretofore been made for lands entered under the nonmineral laws, the claimant will be entitled to a patent without reservation, except in those cases where the Government is in pos- session of sufficient evidence to justify the belief that the land is, and was before making final proof, known to be chiefly valuable for coal, in which case hearing will be ordered. If, at said hearing, it is proven that the land is chiefly valuable for coal, and that the claimant knew that fact at the time of making final proof, the entry shall be canceled, unless the claimant shall prove that he was at the time of the initiation of his claim in good faith endeavoring to secure the land under the nonmineral laws, and not because of its coal 'character, in which event he shall be permitted to elect to receive patent with the reservations prescribed in the statute. If it is not shown that the land is chiefly valuable for coal, the claimant shall be entitled to patent without reservation. Disposal of the Coal Deposits. 7. Where election to accept patent with the prescribed reservation has been made by the nonmineral claimant, coal deposits in the land may be prospected for, mined, and removed under the existing coal-land laws, pro- vided the person desiring to do so first procures the consent of the surface owner, or furnishes such security for payment of all damages to such owner caused thereby as may be determined by a court of competent jurisdiction. But no coal declaratory statement or application to purchase under sections 2347-2352 of the Eevised Statutes, and the regulations of this Office, will be received until the nonmineral claimant, upon the making of satisfactory proof, has elected to take a patent containing the prescribed reservation, and not then unless such coal declaratory statement or application to pur- chase is accompanied by the consent of the surface owner, or evidence showing that security has been given as prescribed by the act. Appeals shall be allowed in all proceedings brought hereunder as in other cases. Certificates and Patents. 8. Coal declaratory statements, certificates, and patents issued under the provisions of this act will describe the land by legal subdivisions as under the general coal-land laws, and payment will be made at the price fixed for the whole area, but appropriate conditions and limitations will be incorporated in the patent fully defining the interests and rights of the respective parties. To his end you will note on each coal receipt and certificate issued by you, in pursuance thereof, the words "Patent will contain conditions and limita- tions of the Act of March 3, 1909 (35 Stat., 844)." Very Respectfully, S. V. Prouty, Acting Commissioner. Approved: R. A. Ballinger, Secretary. [Form Approved by the First Assistant Secretary, September 20, 1909, Department of the Interior.] 4-357. Notice of Eight of Election in Cases Where Final Proof Has Not Been Submitted. (Act March 3, 1909.) 195 U. S. Land Office, Sir: Your attention is directed to the provisions of the Act of March 3, 1909, printed on the back hereof, and you are hereby notified that subsequently to your (insert kind of entry, location, or selection) No. , made , 19 , for , section , township , range , meridian, said tract was classified, claimed, or reported as being valuable for coal; also that at the time of applying for notice to submit final proof you must state in writing whether you elect to receive a patent which shall contain a reservation to the United States of all coal in said land, the right of the United States, or any person or persons authorized by it, to prospect for, mine, and remove coal from the same, in accordance with the conditions and limitations imposed by said Act. Should you elect to receive such patent, no further inquiry will be made respecting the coal character of the land, and patent will issue, with the statutory reservation, provided satisfactory proof of your good faith and of compliance on your part with provisions of the law under which your claim be submitted. In the event you decline to elect to receive such patent, evidence will be received at the time of making final proof with a view to determining whether the land is chiefly valuable for coal, and, the proof being in other respects regular and satisfactory, you will be entitled to receive patent without reservation unless at the time of the hearing on final proof it shall be shown that the land is chiefly valuable for coal. Respectfully, Register. Receiver. Election to Eeceive Patent Upon Nonmineral Claim Exclusive of Any Deposits of Coal in the Land. State of , County of , ss: I, , of town of , County of , State of , who on , 19. ., made location, selection or entry No. . ., for the , Section . ., Township . ., Range . ., Meridian, being duly sworn, do hereby elect, upon submission of satisfactory proof of compliance with law under which my claim was initiated, to receive patent for the lands, which patent shall reserve to the United States all of the coal in said lands, with the right of the United States, or any person authorized by it, to prospect for mine, and remove the coal from same in accordance with the conditions and limitations of the Act of March 3, 1909 (35 Stat., 844). In accordance with above election, I hereby authorize the proper officer or officers of the United States, upon submission of satisfactory final proof upon my location, selection, or entry, to issue final certificate or other paper as basis for patent, containing the reservation of the coal hereintofore described, and to issue patent in accordance therewith. I hereby certify that the foregoing affidavit was read to or by affiant in my presence before affiant affixed signature thereto; that affiant is to me personally known (or has been satisfactorily identified before me by ) ; and that said affidavit was duly sub- (Give full name and post-office address) scribed and sworn to before me at my office in , this day of ,19.. (Official designation of office) Note 1. This affidavit of election may be executed before any officer authorized to administer oaths and possessed of a seal. Note 2. The attention of parties in interest is directed to the provisions of the Act of March 3, 1909, copy of which is printed below. (For Act approved March 3, 1909, 35 Stat., 844, see page 444.) EXTENSION OF TIME. An Act of January 28, 1910, extending time in which to establish residence. Session Laws 1909-1910. An Act extending the time for certain homesteaders to establish residence upon their lands. North Dakota, South Dakota, Idaho, Minnesota, Montana, Nebraska, Colorado and Wyoming, and the Territory of New Mexico. Approved, January 28, 1910. 196 Sixty-first Congress, 1909-1910. Page. 189. An Act extending the time in which to file adverse claims and institute adverse suits against mineral entries in the district of Alaska. Be it enacted by the Senate and House of Kepresentatives of the United States of America in Congress assembled, That in the district of Alaska adverse claims authorized and provided for in sections twenty-three hundred and twenty- five and twenty-three hundred and twenty-six, United States Revised Statutes, may be filed at any time during the sixty days period of publication, or within eight months thereafter, and the adverse suits authorized and provided for in section twenty-three hundred and twenty-six, United States Revised Statutes, may be instituted at any time within sixty days after the filing of said claims in the local land office. Approved, June 7, 1910. Public No. 198. An Act for the relief of homestead settlers under the Acts of February twentieth, nineteen hundred and four; June fifth and twenty-eighth, nineteen hundred and six; March second, nineteen hundred and seven; and May twenty- eighth, nineteen hundred and eight. Approved, March 26, 1910. Homestead. Second Session of Sixty-first Congress, 1909-1910. Page 265. INSTRUCTIONS UNDER ENLARGED HOMESTEAD ACT OF FEBRUARY 19, 1909. Department of the Interior, General Land Office, Washington, D. C., December 14, 1909. The Registers and Eeceivers, United States Land Offices, Colorado, Montana, Nevada, Oregon, Utah, Washington, Wyoming, Ari- zona, and New Mexico. Gentlemen : The following instructions are issued for your guid- ance in the administration of the Act of Congress, approved Feb- ruary 19, 1909, "to provide for an enlarged homestead" (35 Stat., 639), copy of which may be found at the end of these instructions: Homestead Entries for 320 Acres Kind of Land Subject to Such Entry. 1. The first section of the Act provides for the making of home- stead entry for an area of 320 acres, or less, of nonmineral, non- timbered, nonirrigable public land in the States of Colorado, Mon- tana, Nevada, Oregon, Utah, Washington, Wyoming, and in the Territories of Arizona and New Mexico. The term "nonirrigable land," as used in this Act, is construed to mean land which, as a rule, lacks sufficient rainfall to produce agricultural crops without the necessity of resorting to unusual methods of cultivation, such as the system commonly known as "dry farming," and for which there is no known source of water supply from which such land may be successfully irrigated at a reasonable cost. Therefore, lands containing merchantable timber, mineral lands, and lands within a reclamation project, or lands which may be irri- gated at a reasonable cost from any known source of water supply, may not be entered under this Act. Minor portions of a legal sub- division susceptible of irrigation from natural sources, as, for instance, a spring, will not exclude such subdivision from entry under this Act, provided, however, that no one entry shall embrace in the aggregate more than 40 acres of such irrigable lands. Designation or Classification of Lands Applications to Enter. 2. From time to time lists designating the lands which are sub- 197 ject to entry under this Act will be sent you, and immediately upon receipt of such lists you will note upon the tract books opposite the tracts so designated, "Designated, Act February 19, 1909." Until such lists have been received in your office, no applications to enter should be received and no entries allowed under this Act, but after the receipt of such lists it will be competent for you to dispose of applications for lands embraced therein under the provisions of this act, in like manner as other applications for public lands, without first submitting them to the General Land Office for consideration. The fact that lands have been designated as subject to entry is not conclusive as to the character of such lands. Each entryman must furnish the affidavit required by section 2 of the Act, and should it afterwards develop that the land is not of the character contemplated by the above Act, the entry must be canceled or the area reduced, as the circumstances may warrant. Compactness Fees. 3. Lands entered under this Act must be in a reasonably com- pact form, and in no event exceed 1% miles in length. The Act provides that the fees shall be the same as those now required to be paid under the homestead laws ; therefore, while the fees may not in any one case exceed the maximum fee of $10, required under the general homestead law, the commissions will be determined by the area of land embraced in the entry. Form of Application. 4. Applications to enter must be submitted upon affidavit, Form No. 4-003, copy of which is annexed hereto.* The affidavit of applicant as to the character of the lands must be corroborated by two witnesses. It is not necessary that such witnesses be acquainted with the applicant, and if they are not so acquainted their affidavit should be modified accordingly. Additional Entries. 5. Section 3 of the Act provides that any homestead entryman of lands of the character described in the first section of the Act, upon which entry final proof has not been made, may enter such other lands, subject to the provisions of this Act, contiguous to the former entry, which shall not, together with the lands embraced in the original entry, exceed 320 acres, and that residence upon and cultivation of the original entry shall be accepted as equivalent to residence upon and cultivation of the additional entry. This section contemplates that lands may, subsequent to entry, be classified or designated by the Secretary of the Interior as falling within the provisions of this Act, and in such cases an entryman of such lands who had not at the time of the classification or designa- tion of the lands made final proof may make such additional entry, provided he is otherwise qualified. Applicants for such additional entries must, of course, tender the proper fees and commissions and must make application and affidavit on the Form No. 4-004, attached hereto. Entrymen who made final proof on the original entries prior to the date of the Act or prior to the classification or designa- tion of the lands as coming within the provisions of the act are not entitled to make additional entries under this Act. "See page 200 for form. 198 Final Proofs on Original and Additional Entries Commutation Not Allowed. 6. Final proofs must be made as in ordinary homestead eases, and in addition to the showing required of ordinary homestead entrymen it must be shown that at least one-eighth of the area embraced in each entry has been continuously cultivated to agri- cultural crops other than native grasses, beginning with the second year of the entry, and that at least one-fourth of the area embraced in the entry has been continuously cultivated to agricultural crops other than native grasses, beginning with the third year of the entry and continuing to date of final proof. Final proof submitted on an additional entry must show that the area of such entry required by the Act to be cultivated has been cultivated in accordance with such requirement ; or that such part of the original entry as will, with the area cultivated in the addi- tional entry, aggregate the required proportion of the combined entries, has been cultivated in the manner required by the Act. Proof must be made on the original entry within the statutory period of seven years from the date of the entry ; and if it can not be shown at that time that the cultivation has been such as to satisfy the requirements of the Act as to both entries it will be necessary to submit supplemental proof on the additional entry at the proper time. But proof should be made at the same time to cover both entries in all cases where the residence and cultivation are such as to meet the requirements of the Act. Commutation of either original or additional entry, made under this Act, is expressly forbidden. Right of Entry. 7. Homestead entries under the provisions of section 2289 of the Revised Statutes, for 160 acres or less, may be made by qualified persons within the States and Territories named upon lands subject to such entry, whether such lands have been designated under the provisions of this Act or not. But those who make entry under the provisions of this Act can not afterwards make homestead entry under the provisions of the general household law* [nor can an entryman who enters under the general homestead law lands designated as falling within the provisions of this Act afterwards enter any lands under this Act]. A person who has, since August 30, 1890, entered and acquired title to 320 acres of land under the agricultural-land laws (which is construed to mean the timber and stone, desert land, and home- stead laws), is not entitled to make entry under this Act; neither is a person who has acquired title to 160 acres under the general home- stead law entitled to make another homestead entry under this Act, unless he comes within the provisions of section 3 of the Act pro- viding for additional entries of contiguous lands, or unless entitled to the benefits of section 2 of the Act of June 5, 1900 (31 Stat., 267), or section 2 of the Act of May 22, 1902 (32 Stat., 203). If, however, a person is a qualified entryman under the home- stead laws of the United States, he may be allowed to enter 320 *Portion in brackets stricken out by amendment, 40 L. IX, 184. 199 acres under this Act, or such a less amount as when added to the lands previously entered or held by him under the agricultural land laws shall not exceed in the aggregate 480 acres. Note. See Circulars Xos. 94 and 99, pages . Constructive Residence Permitted on Certain Lands in Utah. 8. The sixth section of the Act under consideration provides that not exceeding 2,000,000 acres of land in the State of Utah, which do not have upon them sufficient water suitable for domestic purposes as will render continuous residence upon such lands pos- sible, may be designated by the Secretary of the Interior as subject to entry under the provisions of this Act ; with the exception, how- ever, that entry men of such lands will not be required to prove continuous residence thereon. The Act provides in such cases that all entrymen must reside within such distance of the land entered as will enable them successfully to farm the same as required by the Act; and no attempt will be made at this time to determine how far from the land an entryman will be allowed to reside, as it is believed that a proper determination of that question will depend upon the circumstances of each case. Applications to enter under this section of the Act will not be received until lists designating or classifying the lands subject to entry thereunder have been filed and noted in the local land offices. Such lists will be from time to time furnished the Register and Receivers, who will immediately upon their receipt note upon the tract books opposite the tract so listed the words "Designated, section 6, Act February 19, 1909." Stamps for making the nota- tions required by these instructions will be hereafter furnished the local officers. Applications under this section must be submitted upon Form 4-003, copy of which is annexed hereto. Final Proofs on Entries Allowed Under Section 6 Residence Commutation Not Allowed. 9. The final proof under this section must be made as in ordi- nary homestead entries, except that proof of residence on the land will not be required, in lieu of which the entryman will be required to show that from the date of original entry until the time of making final proof he resided within such distance from said land as enabled him to successfully farm the same. Such proof must also show that not less than one-eighth of the entire area of the land entered was cultivated during the second year; and not less than one-fourth during the fourth and fifth years after entry. Officers Before Whom Application and Proofs May Be Made. 10. The Act provides that any person applying to enter land under the provisions thereof, shall make and subscribe before the proper officer an affidavit, etc. The term "proper officer," as used herein, is held to mean any officer authorized to take affidavits or proof in homestead cases. Very respectfully, Fred Dennett, Commissioner. Approved, December 14, 1909. R. A. Ballinger, Secretary. 200 [Public No. 245.] [S. 6155.] An Act to Provide for an Enlarged Homestead. Be it enacted by the Senate and House of Bepresentatives of the United States of America in Congress assembled, That any person who is a qualified entryman under the homestead laws of the United States may enter, by legal subdivisions, under the provisions of this Act, in the States of Colorado, Mon- tana, Nevada, Oregon, Utah, Washington, and Wyoming, and the Territories of Arizona and New Mexico, three hundred and twenty acres, or less, of non- mineral, uonirrigable, unreswved and unappropriated surveyed public lands which do not contain merchantable timber, located in a reasonably compact body, and not over one and one-half miles in extreme length: Provided, That no lands shall be subject to entry under the provisions of this Act until such lands shall have been designated by the Secretary of the Interior as not being, in his opinion, susceptible of successful irrigation at a reasonable cost from any known source of water supply. Sec. 2. That any person applying to enter land under the provisions of this Act shall make and subscribe before the proper officer an affidavit as required by section twenty-two hundred and ninety of the Eevised Statutes, and in addition thereto shall make affidavit that the land sought to be entered is of the character described in section one of this Act, and shall pay the fees now required to be paid under the homestead laws. Sec. 3. That any homestead entryman of lands of the character herein described, upon which final proof has not been made, shall have the right to enter public lands, subject to the provisions of this Act, contiguous to his former entry which shall not, together with the original entry, exceed three hundred and twenty acres, and residence upon and cultivation of the original entry shall be deemed as residence upon and cultivation of the additional entry. Sec. 4. That at the time of making final proofs as provided in section twenty-two hundred and ninety-one of the Eevised Statutes the entryman under this Act shall, in addition to the proofs and affidavits required under the said section, prove by two credible witnesses that at least one-eighth of the area embraced in his entry was continuously cultivated to agricultural crops other than native grasses beginning with the second year of the entry, and that at least one-fourth of the area embraced in the entry was so continuously culti- vated beginning with the third year of the entry. Sec. 5. That nothing herein contained shall be held to affect the right of a qualified entryman to make homestead entry in the States named in section one of this Act under the provisions of section twenty-two hundred and eighty- nine of the Eevised Statutes, but no person who has made entry under this Act shall be entitled to make homestead entry under the provisions of said section, and no entry made under this Act shall be commuted. Sec. 6. * That whenever the Secretary of the Interior shall find that any tracts of land, in the State of Utah, subject to entry under this Act, do not have upon them such a sufficient supply of water suitable for domestic pur- poses as would make continuous residence upon the lands possible, he may, in his discretion, designate such tracts of land, not to exceed in the aggregate two million acres, and thereafter they shall be subject to entry under this Act without the necessity of residence: Provided, That in such event the entry- man on any such entry shall in good faith cultivate not less than one-eighth of the entire area of the entry during the second year, one-fourth during the third year, and one-half during the fourth and fifth years after the date of such entry, and that after entry and until final proof the entryman shall reside within such distance of said land as will enable him successfully to farm the same as required by this section. Approved, February 19, 1909. (35 Stat., 639.) 4-003. [Form approved by the Secretary of the Interior March 25, 1909.] DEPAETMENT OF THE IXTEBIOE HOMESTEAD ENTEY. [Act February 19, 1909.] U. S. Land Office, No APPLICATION AND AFFIDAVIT. I, (give full Christian .name) (male or female), a resident of (town, county, and State), do hereby apply to enter, under the Act of February 19, 1909 (35 Stat., 639), the sec- 201 tion , township , range , meridian, containing acres, within the land district; and I do solemnly swear that I am not the proprietor of more than 160 acres of land in any State or Territory; that I, (applicant must state whether native born, naturalized, or has filed declaration of intention to become a citizen. If not native born, certified dopy of naturalization or 'declaration of intention, as case may be, must be filed with this application), , citizen of the United States, and am (state whether the head of a family, married or unmarried, or over twenty-one years of age, and if not over twenty-one applicant must set forth the facts which constitute him the head of a family) ; that my post-office address is ; that this application is honestly and in good faith made for the pur- pose of actual settlement and cultivation, and not for the benefit of any other person, persons, or corporation; that I will faithfully and honestly endeavor to comply with all the requirements of law as to settlement, residence, and cultiva- tion necessary to acquire title to the land applied for; that I am not acting as agent of any person, corporation, or syndicate in making this entry, nor in col- lusion with any person, corporation, or syndicate to give them the benefit of the land entered, or any part thereof, or the timber thereon; that I do not apply to enter the same for the purpose of speculation, but in good faith to obtain a home for myself, and that I have not directly or indirectly made, and will not make, any agreement or contract, in any way or manner, with any person or persons, corporation, or syndicate whatsoever, by which the title which I may acquire from the Government of the United States will inure in whole or in part to the benefit of any person except myself. I have not heretofore made any entry under the homestead, timber and stone, desert land, or pre-emption laws except (here describe former entry or entries by section, township, range, land district, and number of entry, how perfected, or if not perfected state that fact); that I am well acquainted with the character of the land herein applied for and with each and every legal subdivision thereof, having personally examined same; that there is not to my knowledge within the limits thereof any vein or lode of quartz or other rock in place bearing gold, silver, cinnabar, lead, tin, or copper, nor any deposit of coal, placer, cement, gravel, salt spring, or deposit of salt, nor other valuable mineral deposit; that no por- 'tion of said land is claimed for mining purposes under local customs or rules of miners, or otherwise; that no portion of said land is worked for mineral during any part of the year by any person or persons; that said land is essen- tially nonmineral land, and that my application therefor is not made for the purpose of fraudulently obtaining title to mineral land; that the land is not occupied and improved by any Indian; that the lands applied for do not con- tain merchantable timber, and no timber except (here fully describe amount and kind of timber, if any), and that it is not susceptible of successful irrigation at a reasonable cost from any known source of water supply, except the following areas: (give the subdivisions and areas of the land, if any, susceptible of irrigation). (Sign here, with full Christian name.) Note. Every person swearing falsely to the above affidavit will be pun- ished as provided by law for such offense. (See Sec. 5392, R. S.) I hereby certify that the foregoing affidavit was read to or by affiant in my presence before affiant affixed signature thereto; that affiant is to me per- sonally known, or has been satisfactorily identified before me by (give full name and post-office address) ; that I verily believe affiant to be a qualified applicant and the identical person hereinbefore described; and that said affidavit was duly subscribed and sworn to before me, at my office, in (town), (county and State), within the land dis- trict, this .... day of , 19.. (Official designation of officer.) We, , of , and , of , do solemnly swear that we are well acquainted with the above-named affiant and the lands described, and personally know that the statements made by him relative to the character of the said lands are true. I hereby certify that the foregoing affidavit was read to or by affiants in my presence before" affiants affixed signatures thereto; that affiants are to me 202 personally known (or have been satisfactorily identified before me by ); and that said affidavit was duly subscribed to before me at this day of , 19.. (Official designation of officer.) Note. In cases where the witnesses are not acquainted with the applicant, the following affidavit may be substituted for the one herein contained. We, , of , and , of , do solemnly swear that we are well acquainted with the lands described in the above application, and personally know that the statements made by the applicant relative to the character of the said lands are true. (37 L. D., 708.) United States Land Office at ,19.... I hereby certify that the foregoing application is for surveyed land of the class which the applicant is legally entitled to enter under the Act of February 19, 1909, and that there is no prior valid adverse right to the same; and has this day been allowed. Register. REVISED STATUTES OF THE UNITED STATES TITLE LXX. CHAP 4. Sec. 5392. Every person who, having taken an oath before a competent tribunal, officer, or other person, in any case in which a law of the United States authorizes an oath to be administered, that he will testify, declare, depose, or certify truly, or that any written testimony, declaration, deposition, or certificate by him subscribed is true, willfully and contrary to such oath states or subscribes any material matter which he does not believe to be true, is guilty of perjury, and shall be punished by fine of not more than two thousand dollars, and by imprisonment, a.t hard labor, not more than five years; and shall, moreover, thereafter be incapable of giving testimony in any court of the United States until such time as the judgment against him is reversed. (See Sec. 1750.) Note. In addition to the above penalty, every person who knowingly or willfully in anywise procures the making or presentation of any false or fraudulent affidavit pertaining to any matter within the jurisdiction of the Secretary of the Interior may be punished by fine or imprisonment. 4-004. [Form approved by the Secretary of the Interior, March 25, 1909.] DEPARTMENT OF THE INTERIOR. APPLICATION AND AFFIDAVIT. ADDITIONAL HOMESTEAD. [Act of February 19, 1909.] Application No Land Office at I, , of , do hereby apply to enter under section 3 of the Act of February 19, 1909 (35 Stat., 639), the of section , township , range meridian. containing acres, as additional to my homestead entry No made at Land Office for the section , township , range , meridian. I do solemnly swear that I am not the owner of more than one hundred and sixty acres in any State or Territory, exclusive of the land included in my original entry above described, and that this application is made for "my exclusive benefit as an addition to my original homestead entry, and not directly or indirectly for the use or benefit of any other person or persons whomsoever; that this application is honestly and in good faith made for the purpose of actual settlement and cultivation; that I will faithfully and honestly endeavor to comply with all the requirements of law; and that I have not heretofore made an entry under the homestead, timber and stone, desert land, or preemption laws other than that abov^ described, except (here describe former entries, if any); that I am well acquainted with the character of the land herein applied for and each and every legal subdivision thereof, having passed over the same; that my personal knowledge of the 203 land is such as to enable me to testify understandingly with regard thereto; that there is not to my knowledge within the limits thereof any vein or lode of quartz or other rock in place bearing gold, silver, cinnabar, lead, tin, or copper, or any deposit of coal, cement, gravel, or other valuable mineral deposit; that the land contains no salt springs or deposits of salt in any form sufficient to render it valuable therefor; that no portion of said land is claimed for mining purposes under the local customs or rules of miners or otherwise; that no portion of the land is worked for minerals during any part of the year by any person or persons, and that my application is not made for the purpose of fraudulently obtaining title to mineral lands; that the laud is not occupied and improved by any Indian, and is unoccupied and unappropriated by any person claiming the same under the public land laws other than myself; that the land embraced in the original entry and the land now applied for do not contain merchantable timber, and no timber except (here fully describe amount and kind of timber, if any), and that it is not susceptible of successful irrigation at a reasonable cost from any known source of water supply, except the follwing areas: (Give the subdivisions and areas of the lands, if any, susceptible of irrigation. (Sign here, with full Christian name.) Note. Every person swearing falsely to the above affidavit will be punished as provided by law for such offense. (See sec. 5392, R. S., below.) I hereby certify that the foregoing affidavit was read to or by affiant in my presence before affiant affixed his signature thereto; that affiant is to me personally known (or has been satisfactorily identified before me by [give full name and post-office address]); that I verily believe affiant to be a qualified applicant and the identical person hereinbefore described; and that said affidavit was duly subscribed and sworn to before me, at my office, in (town), (county and State), within the land district, this day of . 19.. (Official designation of officer.) We,- , of ...., and ...., of ...., do solemnly swear that we are well acquainted with the above-named affiant and the lands described, and personally know that the statements made by him relative to the character of the said lands are true. I hereby certify that the foregoing affidavit was read to or by affiants in my presence before affiants affixed signatures thereto; that affiants are to me personally known (or have been satisfactorily identified before me by '. ) ; and that said affidavit was duly subscribed to before me at , this day of , 19 (Official designation of officer.) United States Land Office at , 19.... I hereby certify that the foregoing application is for surveyed land of the class which the applicant is legally entitled to enter under the Act of February 19, 1909, and that there is no prior valid adverse right to the same; and has this day been allowed. Register. REVISED STATUTES OF THE UNITED STATES TITLE LXX, CRIMES, CHAP. 4. Sec. 5392. Every person who, having taken an oath before a competent tribunal, officer, or person, in any ease in which a law of the United States authorizes an oath to be administered, that he will testify, declare, depose, or certify truly, or that any written testimony, declaration, deposition or cer- tificate by him subscribed is true, willfully, and contrary to such oath states or subscribes to any material matter which he does not believe to be true, is guilty of perjury, and shall be punished by fine of not more than two 204 thousand dollars, and by imprisonment, at hard labor, not more than five years; and shall, moreover, thereafter be incapable of giving testimony in any court of the United States until such time as the judgment against him is reversed. (See Sec. 1750.) Note. In addition to the above penalty, every person who knowingly or willfully in anywise procures the making or presentation of any false or fraudulent affidavit pertaining to any matter within the jurisdiction of the Secretary of the Interior may be punished by fine or imprisonment. [Circular No. 99.] ENLARGED HOMESTEADS SETTLEMENT RIGHTS ADDI- TIONAL ENTRIES INSTRUCTIONS. Department of the Interior, General Land Office, Washington, D. C., April 16, 1912. Registers and Receivers, United States Land Offices, Arizona, Colo- rado, Idaho, Montana, Nevada, New Mexico, Oregon, Utah, Washington, and Wyoming. Gentlemen: The following instructions are issued for your guidance in the administration of the Act of Congress approved February 19, 1909, "to provide for an enlarged homestead" (35 Stat., 639), and are supplemental to, and in modification of, the instructions contained in Circular No. 10, Suggestions to Home- steaders, approved April 20, 1911, pages 17 to 21, inclusive. An entryman under section 2289, Revised Statutes, who makes an additional entry under section 3 of the enlarged Homestead Act, may continue both residence and cultivation upon the original entry, but final proof may not be made for the land embraced in the additional entry until full compliance with the requirements of said Act has been effected beginning with the date of such addi- tional entry. Final proof must be made on the original entry within the statutory period of seven years. The cultivation required in such cases is an amount equal to one- eighth and one-fourth of the area embraced in the additional entry, commencing with the second and third years, respectively, of such additional entry. If such proportionate area, or any part thereof, is of land embraced in the original unperfected entry, there must be such additional cultivation of the original entry as would ordi- narily be required to perfect the title thereto if it stood alone. Prior to the designation of land as subject to entry under the Enlarged Homestead Act, a settlement right may be acquired to not more than approximately 160 acres of unsurveyed land, and should such settlement claim be extended, after all the land involved has been designated as subject to entry under the Act, to embrace additional land with a view to entry under the said Act, title may be acquired to the enlarged area only by continued residence, and cultivation as required by section 4 of the Act, for the full period after the date of designation and extension of settlement. All former instructions not in harmony with the foregoing are vacated, and superseded hereby, and you will mail a copy of this circular to every person having an unperfected entry under the Enlarged Homestead Act in your district. You will also inclose it with each "Suggestions to Homesteaders" which you may here- after send out in response to inquiries under the homestead laws. These instructions apply also to the Act of June 17, 1910 (36 205 Stat., 531), providing for an enlarged homestead in the State of Idaho. Very respectfully, Fred Dennett, Approved : Commissioner. Samuel Adams, First Assistant Secretary. [Circular No. 94.] ENLARGED HOMESTEADS ACT OF FEBRUARY 19, 1909 (35 STAT. 639), AND JUNE 17, 1910 (36 STAT., 531) INSTRUCTIONS. Department of the Interior, General Land Office, Washington, D. C., April 2, 1912. Eegisters and Receivers, United States Land Offices, Arizona, Colorado, Idaho, Montana, Nevada, New Mexico, Oregon, Utah, Washington, and Wyoming. Gentlemen: Under date of March 22, 1912, the following instructions were issued by the Department to this Office: The Commissioner of the General Land Office. Sir: I have your informal memorandum dated March 2, 1912, submitted in connection with a letter prepared in your office for my signature (P. R. S., 1071), addressed to Hon. Charles N. Pray, House of Representatives, the memorandum being in full as follows: "It is now held by the General Land Office that in cases such as are discussed in the accompanying letter an entry under the enlarged homestead Act for the full area of 320 acres may be allowed when the deficit in area of the former perfected entry, under sectin 2289, Revised Statutes, was such as would entitle the entryman, under the rule of approximation, to make an additional entry under section 6 of the Act of March 2, 1889 (25 Stat., 854), of a legal subdivision of 40 acres." Differently stated, reference being had to the aforesaid draft of letter, this is the equivalent of saying that it is now held as a rule of administration in the General Land Office that in cases where a homestead entry has been allowed and perfected, under section 2289 of the Revised Statutes, for a quantity of land less than 160 acres, the entryman of the perfected homestead may make a further or additional entry for 320 acres of land under the enlarged homestead Act of February 19, 1909 (35 Stat., 639), in all cases where such deficiency would entitle him to make an additional entry under section 6 of the Act of March 2, 1889, for 40 acres of land. That this is an erroneous view of the law seems clear. The enlarged homestead Act permits the entry of 320 acres or less of land by any person "who is a qualified entryman under the homestead laws of the United States." Section 6 of said Act of March 2, 1889, qualified a person who has entered "a quantity of land less than 160 acres," and who is otherwise within its provisions, to enter under the homestead laws "so much additional land as added to the quantity previously so entered by him shall not exceed 160 acres." This does not restore such person to the full qualifications of a homestead entryman, but confers a special and limited privilege limited to the right to make an additional entry for lands of area to be measured by the difference in acreage between 160 acres, the full homestead right given by section 2289 of the Revised Statutes, and the number of acres actually entered thereunder. In other words, the right granted by the Act of March 2, 1889, is the right to enter additional land in amount limited to meet the deficiency existing between that originally entered under the homestead laws and 160 acres. The rule of approximation for administrative convenience may in actual practice either enlarge or reduce this right, but this does not affect the construction of the statute. So the right of additional entry given by the Act of March 2, 1889, is necessarily confined by its terms to an acreage wholly inconsistent with the theory that 320 acres may be entered under the enlarged homestead Act. Nothing in the enlarged homestead Act precludes the exercise of such right of additional entry within the area designated for entry under that act, but the grant of additional riant is not thereby enlarged as to such cases. It is such right only as might be exercised elsewhere upon the public domain of the United States subject to homestead entry. 206 This question was presented in a somewhat different form in the case of ex parte Saavi Storaasli, decided by this Department July 18, 1911 (40 L. D., 193). That case involved the right of Storaasli to make an entry of 320 acres or to retain an entry of 160 acres of land he had been allowed to make under the enlarged homestead Act. It appeared that he had theretofore made and perfected an entry under section 2289 of the Revised Statutes for 157.33 acres, and he maintained his claim of right to make the enlarged homestead upon the ground that he was in that behalf a qualified entryman by reason of the deficiency of 2.67 acres of his original homestead and con- sequent additional entry privilege accorded by the Act of March 2, 1889. That claim was denied upon the ground that "The fact that the land thus patented lacked a little more than 2 acres of making 160 acres did not give him the status of a qualified homestead entryman or the right to enter under the enlarged homestead Act an addi- tional 320 acres of land." It was not intended by this to say, even inferentially, that the case would have been different if the deficiency in the original entry had been large enough under the Act of March 2, 1889, as administered, to entitle him to an additional homestead entry for 40 acres of land. That case was decided upon its own facts. The discussion was confined to such facts, and nothing found therein justifies the rule which you say now obtains in your Office with reference to this question. I have to direct that in the further administration of the enlarged homestead Act your office conform to the views herein expressed. Very Respectfully, Samuel Adams, First Assistant Secretary. The foregoing instructions supersede any former practice or instructions, and you will be governed accordingly. Very Respectfully Fred Dennett, Commissioner. Approved, April 2, 1912. Samuel Adams, First Assistant Secretary. ENLABGED HOMESTEAD IN IDAHO ACT OF JUNE 17, 1910. Instructions. Department of the Interior, General Land Office, Washington, D. C., July 18, 1910. Registers and Receivers, United States Land Offices in Idaho. Gentlemen: The following instructions are issued for your guidance in the administration of the Act of Congress, approved June 17, 1910 (Public 214), entitled "An Act to provide for an enlarged homestead," a copy of which may be found at the end of these instructions. Homestead Entries for 320 Acres Kind of Land Subject to Such Entry. 1. The first section of the Act provides for the making of homestead entry for an area of 320 acres, or less, of arid, nonmineral, nontimbered, nonirrigable public land in the State of Idaho. The terms "arid" or "nonirrigable land," as used in this Act are con- strued to mean land which, as a rule, lacks sufficient rainfall to produce agricul- tural crops without the necessity of resorting to unusual methods of cultivation, such as the system commonly known as "dry farming," and for which there is no known source of water supply from which such land may be successfully irrigated at a reasonable cost. Therefore, lands containing merchantable timber, mineral lands, and lands within a reclamation project, or lands which may be irrigated at a reasonable cost from any known source of water supply, may not be entered under this Act. Minor portions of a legal subdivision susceptible of irrigation from natural sources, as, for instance, a spring, will not exclude such subdivision from entry under this Act, provided, however, that no one entry shall embrace in the aggregate more than forty acres of such irrigable lands. Designation or Classification of Lands Applications to Enter. 2. From time to time lists designating the lands which are subject to entry under this Act will be sent you, and immediately upon receipt of such lists you will note upon the tract books opposite the tracts so designated, "Desig- 207 nated, Act June 17, 1910." Until such lists have been received in your office, no applications to enter should be received and no entries allowed under this Act, but after the receipt of such lists it will be competent for you to dispose of applications for lands embraced therein under the provisions of this Act, in like manner as other applications for public lands, without first submitting them to the General Land Office for consideration. The fact that lands have been designated as subject to entry is not con- clusive as to the character of such lands, and should it afterwards develop that the land is not of the character contemplated by the above Act, the designation may b^ canceled, but where an entry is made in good faith under the pro- visions of said Act, such designation will not thereafter be modified to the injury of any one who, in good faith, has acted upon such designation. Each entryman must furnish affidavit as required by Section 2 of the Act. Compactness Fees. 3. Lands entered under this Act must be in a reasonably compact form, and in no event exceed one and one-half miles in lenth. The Act provides that the fees shall be the same as those now required to be paid under the homestead laws; therefore, while the i^es may not in any one case exceed the maximum fee of $10, required under the general home- stead law, the commissions will be determined by the area of land embraced in the entry. Form of Application. 4. Applications to make entry under this Act must conform to the forms prepared for use under the Act of February 19, 1909, 35 Stat., 639 (see circular December 14, 1909, 38 L. D., 361), except that such form must be properly modified as to the date of the Act. Applications to enter must be submitted upon affidavit Form No. 4-005, properly modified. The affidavit of applicant as to the character of the lands must be cor- roborated by two witnesses. It is not necessary that such witnesses be acquainted with the applicant, and if they are not so acquainted their affidavit should be modified accordingly. Additional Entries. 5. Section 3 of the Act provides that any homestead entryman of lands of the character described in the first section of the Act, upon which entry final proof has not been made, may enter such other lands, subject to the pro- visions of this Act, contiguous to the former entry, which shall not, together with the lands embraced in the original entry, exceed 320 acres, and that resi- dence upon and cultivation of the original entry shall be accepted as equivalent to residence upon and cultivation of the additional entry. This section contemplates that lands may, subsequent to entry, be classified or designated by the Secretary of the Interior as falling within the provisions of this Act, and in such cases an entryman of such lands who had not at the time of the classification or designation of the lands made final proof, .may make such additional entry, provided he is otherwise qualified. Applicants for such additional entries must, of course, tender the proper fees and com- missions and must make application and affidavit on the Form No. 4-004, prop- erly modified as to date of the Act. Entrymen who made final proof on the original entries prior to the date of the Act or prior to the classification or designation of the lands as coming within the provisions of the Act are not entitled to make additional entries under this Act. Validation of Entries. [Public No. 328.] [H. R. 21826.] An Act Validating certain homestead entries. Be it enacted by the Seliate and House of Representatives of UK United States of America in Congress assembled, That all pending homestead entries made in good faith prior to September first, nine- teen hundred and eleven, under the provisions of the enlarged homestead laws, by persons who, before making such enlarged homestead entry, had acquired title to a technical quarter section of 208 land under the homestead law, and therefore, were not qualified to make an enlarged homestead entry, be, and the same are hereby, validated, if in all other respects regular, in all cases where the original homestead entry was for less than one hundred and sixty acres of land. Approved August 24, 1912. Final Proofs on Original and Additional Entries Commutation Not Allowed. 6. Final proofs must be made as in ordinary homestead cases, and in addition to the showing required of ordinary homestead entrymen it must be shown that at least one-eighth of the area embraced in each entry has been continuously cultivated to agricultural crops other than native grasses, begin- ning with the second year of the entry, and that at least one-fourth of the area embraced in the entry has been continuously cultivated to agricultural crops other than native grasses, beginning with the third year of the entry, and continuing to date of final proof. Final proof submitted on an additional entry must show that the area of such entry required* by the Act to be cultivated has been cultivated in accord- ance with such requirement; or that such part of the original entry as will, with the area cultivated in the additional entry, aggregate the required pro- portion of the combined entries, has been cultivated in the manner required by the Act. Proof must be made on the original entry within the statutory period of seven years from the date of the entry; and if it cannot be shown at that time that the .cultivation has been such as to satisfy the requirements of the Act as to both entries it will be necessary to submit supplemental proof on the additional entry at the proper time. But proof should be made at the same time to cover both entries in all cases where the residence and cultivation are such as to meet the requirements of the Act. Commutation of either original or additional entry, made under this Act, is expressly forbidden. Eight of Entry. 7. Homestead entries under the provisions of Section 2289 of the Revised Statutes, for 160 acres or less, may be made by qualified persons within the State named upon lands subject to such entry, whether such lands have been designated under the provisions of this Act or not. But those who make entry under the provisions of this Act cannot afterwards make homestead entry under the provisions of the general homestead law, nor can an entryman who enters under the general homestead law lands designated as falling within the pro- visions of this Act afterwards enter any lands under this Act. A person who has, since August 30, 1890, entered and acquired title to 320 acres of land under the agricultural-land laws (which is construed to mean the timber and stone, desert land, and homestead laws), is not entitled to make enfry under this Act; neither is a person who has acquired title to 160 acres under the general homestead law entitled to make another homestead entry under this Act, unless he comes within the provisions of Section 3 of the Act providing for additional entries of contiguous lands, or unless entitled to the benefits of Section 2 of the Act of June 5, 1900 (31 Stat., 267), or Section 2 of the Act of May 22, 1902 (32 Stat., 203). If, however, a person is a qualified entryman under the homestead laws of the United States, he may be allowed to enter 320 acres under this Act, or such a less amount as when added to the lands previously entered or held by him under the agricultural-land laws shall not exceed in the aggregate 480 acres. Constructive Residence Permitted on Certain Lands. 8. The sixth section of the Act under consideration provides that not exceeding 320,000 acres of land in the State of Idaho, which do not have upon them sufficient water suitable for domestic purposes as will render continuous residence upon such lands possible, may be designated by the Secretary of the Interior as subject to entry under the provisions of this Act; with the excep- tion, however, that entrymen of such lands will not be required to prove con- tinuous residence thereon. The Act provides in such cases that after six months from date of entry and until final proof, all entrymen must reside not more than twenty miles from the land entered and be engaged personally in preparing the soil for seed, seeding, cultivating and harvesting crops upon the land during the usual seasons for such work, unless prevented by sickness or other unavoid- 209 able cause. It is further provided by said Act that leave of absence from a residence established under this section may be granted upon the same terms and conditions as are required of other homestead entrymen. Applications to enter under this section of the Act will not be received until lists designating or classifying the lands subject to entry thereunder have been filed and noted in the local land offices. Such lists will be from time to time furnished the registers and receivers, who will immediately upon the receipt note upon the tract books opposite the tract so listed, the words "Desig- nated, Section 6, Act June 17, 1910." Stamps for making the notations required by these instructions will be hereafter furnished the local offices. Applications under this section must be submitted upon Form 4-003, properly modified as to date and section of the Act. Final Proofs on Entries Allowed Under Section 6 Residence Commutation Not Allowed, 9. The final proof under this section must be made as in ordinary home- stead entries, except that proof of residence on the land will not be required, in lieu of which the entryman will be required to show that, from the expira- tion of six months after the date of original entry and until the time of making final proof, he resided not more than twenty miles from the land entered and was personally engaged in farming the same as required by said Act. Such proof must also show that not less than one-eighth of the entire area of the land entered was cultivated during the second year; not less than one-fourth during the third year; and not less than one-half during the fourth and fifth years. Officers Before Whom Application and Proofs May Be Made. 10. The Act provides that any person applying to enter the land under the provisions thereof shall make and subscribe before the proper officer an affidavit, etc. The term ' ' proper officer, ' ' as used herein, is held to mean any officer authorized to take affidavits or proof in homestead cases. Very respectfully, Fred Dennett, Approved : Commissioner. Frank Pierce, Acting Secretary. [Public No. 214.] An Act to Provide for an Enlarged Homestead. Be it enacted by the Senate and House of Kepresentatives of the United States of America in Congress assembled, That any person who is a qualified entryman under the homestead laws of the United States, may enter, by legal subdivision, under the provisions of this Act, in the State of Idaho, three hundred and twenty acres or less of arid, nonmineral, nonirrigable, unre- served, and unappropriated surveyed public lands which do not contain merchantable timber, located in a reasonably compact body and not over one and one-half miles in extreme length: Provided, That no lands shall be subject to entry under the provisions of this Act until the lands shall have been designated by the Secretary of the Interior as not being, in his opinion^ susceptible of successful irrigation, at a reasonable cost, from any known source of water supply. Sec. 2. That any person applying to enter land under the provisions of this Act shall make and subscribe before the proper officer an affidavit as required by section twenty-two hundred and ninety of the Eevised Statutes, and in addition thereto shall make affidavit that the land sought to be entered is of the character described in section one of this Act, and shall pay the fees now required to be paid under the homestead laws. Sec. 3. That any homestead entryman of lands of the character herein described, upon which final proof has not been made, shall have the right to enter public lands, subject to the provisions of this Act, contiguous to his former entry, which shall not, together with the original entry, exceed three hundred and twenty acres, and residence upon and cultivation of the original entry shall be deemed as residence upon and cultivation of the addi- tional entry. Sec. 4. That at the time of making final proofs as provided in section twenty-two hundred and ninety-one of the Eevised Statutes, the entryman under this Act shall, in addition to the proofs and affidavits required under 210 said section, prove by two credible witnesses that at least one-eighth of the area embraced in his entry was continuously cultivated to agricultural crops other than native grasses beginning with the second year of the entry, and that at least one-fourth of the area embraced in the entry was so continuously cultivated beginning with the third year of the entry. Sec. 5. That nothing herein contained shall be held to affect the right of a qualified entryman to make homestead entry in the State of Idaho under the provisions of section twenty-two hundred arid eighty-nine of the Kevised Statutes, but no person who has made entry under this Act shall be entitled to make homestead entry, under the provisions of said section, and no entry made under this Act shall be commuted. Sec. 6. That whenever the Secretary of the Interior shall find that any tracts of land in the State of Idaho subject to entry under this Act do not have upon them such a sufficient supply of water suitable for domestic purposes as would make continuous residence upon the lands possible, he may, in his discretion, designate such tracts of land, not to exceed in the aggregate three hundred and twenty thousand acres, and thereafter they shall be subject to entry under this Act without the necessity of residence upon the land entered: Provided, That the entryman shall in good faith culti- vate not less than one-eighth of the entire of the area during the second year, one-fourth during the third year and one-half during the fourth and fifth years after the date of said entry, and that after six months from date of entry until final proof the entryman shall reside not more than twenty miles from said land and be engaged personally in preparing the soil for seed, seeding, cultivating, and harvesting crops upon the land during the usual seasons for such work unless prevented by sickness or other un- avoidable cause. Leave of absence from a residence established under this section may, however, be granted upon the same terms and conditions as are required of other homestead entrymen. Approved, June 17, 1910. LAWS RELATING TO TOWNSITES, PARKS, AND CEMETERIES. Subject Index. 1. County-seat townsites, Sec. 2286'; see Kegulations (12). 2. Townsites reserved by President, Sees. 2380, 2381; see Kegulatious (13). 3. Townsites platted by occupants, Sees. 2382 to 238(5; see Kegula- tions (14). 4. Townsites entered by corporate authorities or judges of county courts as trustees, Sees. 2387 to 2394; see Regulations (15). 5. Additional townsites, etc., Sees. 1 to 4. 6. Townsites on mineral lands, Sec. 16; see Regulations (16). 7. Townsites on ceded Indian reservations. (a) In Oklahoma; see Regulations (17 a). 1. Reservations for parks, schools, etc., and Oklahoma homestead commutations for townsites. 2. Homesteads commuted for townsite purposes in Wichita, Co- manche, and Apache lands. 3. Townsites vacated in commuted homesteads. (b) In Minnesota; see Regulations (17 b). 1. Townsites in ceded Indian lands. (c) In South Dakota; see Regulations (17 c). 1. Townsites in Rosebud Indian lands in Tripp County. (d) In North and South Dakota; see regulations (17 d). 1. Townsites in Cheyenne River and Standing Rock lands. (e) In Utah; see regulations (17 e). 1. Townsites in Uintah lands. "(f) In Nevada; see Regulations (17 f). 1. Townsites in Walker River lands, (g) In Wyoming; see Regulations (17 g). 1. Townsites in Shoshone or W T ind River lands, (h) In Montana; see regulations (17 h). 1. Townsites in Crow lands. 2. Townsites in Flathead lands. 211 3. Townsites in Blackfeet and Fort Peck lands, (i) In Washington; see Regulations (17 i). 1. Townsites in Colville lands. 2. Townsites in Spokane lands. (j) In Idaho; see Regulations (17 j). 1. Townsites in Coeur d 'Alene lands, (k) In California and Arizona; see Regulations (17 k). 1. Townsites in Yuma and Colorado River lands. 8. Townsites in Reclamation projects; see Regulations (18). 9. Aliens may acquire town lots in the Territories. 10. Parks and cemeteries; see Regulations (19). 11. Cemeteries; see Regulations (20). See index to subject. UNITED STATES LAWS RELATING TO TOWNSITES, PARKS, AND CEMETERIES. Department of the Interior, General Land Office, Washington, D. C., August 7, 1909. (1) County Seat Townsites. Sec. 2286. There shall be granted to the several counties or parishes of each State and Territory, where there are public lands, at the minimum price for which public lands of the United States are sold, the right of preemption to one quarter section of land, in each of the counties or parishes, in trust for such counties or parishes, respectively, for the establishment of seats of justice therein ; but the proceeds of the sale of each of such quarter sections shall be appropriated for the purpose of erecting public buildings in the county or parish for which it is located, after deducting therefrom the amount originally paid for the same. And the seat of justice for such counties or parishes, respectively, shall be fixed previously to a sale of the adjoining lands within the county or parish for which the same is located. Act approved May 26, 1824 (4 Stat, 50, sec. 1.) (2) Townsites Reserved by President. Sec. 2380. The President is authorized to reserve from the public lands, whether surveyed or unsurveyed, townsites on the shores of harbors, at the junction of rivers, important portages, or any natural or prospective centers of population. Sec. 2381. When, in the opinion of the President, the public interests require it, it shall be the duty of the Secretary of the Interior to cause any of such reservations, or part thereof, to be surveyed into urban or suburban lots of suitable size, and to fix by appraisement of disinterested persons their cash value, and to offer the same for sale at public outcry to the highest bidder, and thence afterward to be held subject to sale at private entry accord- ing to such regulations as the Secretary of the Interior may pre- scribe; but no lot shall be disposed of at public sale or private entry for less than the appraised value thereof. And all such sales shali be conducted by the Register and Receiver of the land office in the district in which the reservations may be situated, in accord- ance with the instructions of the Commissioner of the General Land Office. Act approved March 3, 1863 (12 Stat., 754.) 212 (3) Townsites Platted by Occupants. Sec. 2382. In any case in which parties have already founded, or may hereafter desire to found, a city or town on the public lands, it may be lawful for them to cause to be filed with the recorder for the county in which the same is situated, a plat thereof, for not exceeding six hundred and forty acres, describing its exterior boundaries according to the lines of the public surveys, where such surveys have been executed; also giving the name of such city or town, and exhibiting the streets, squares, blocks, lots, and alleys, the size of the same, with measurements and area of each municipal subdivision, the lots in which shall each not exceed four thousand two hundred square feet, with a statement of the extent and gen- eral character of the improvements ; such map and statement to be verified under oath by the party acting for and in behalf of the persons proposing to establish such city or town ; and within one month after such filing there shall be transmitted to the General Land Office a verified transcript of such map and statement, accom- panied by the testimony of two witnesses that such city or town has been established in good faith, and when the premises are within the limits of an organized land district, a similar map and statement shall be filed with the Register and Receiver, and at any time after the filing of such map, statement, and testimony in the General Land Office it may be lawful for the President to cause the lots embraced within the limits of such city or town to be offered at public sale to the highest bidder, subject to a minimum of ten dollars for each lot ; and such lots as may not be disposed of at public sale shall thereafter be liable to private entry at such minimum, or at such reasonable increase or diminution thereafter as the Secretary of the Interior may order from time to time, after at least three months' notice, in view of the increase or decrease in the value of the municipal property. But any actual settler upon any one lot, as above provided, and upon any additional lot in which he may have substantial improvements shall be entitled to prove up and purchase the same as a preemption, at such minimum, at any time before the day fixed for the public sale. Sec. 2383. When such cities or towns are established upon unsurveyed lands, it may be lawful, after the extension thereto of the public surveys, to adjust the extension limits of the premises according to those lines, where it can be done without interference with rights which may be vested by sale; and patents for all lots so disposed of at public or private sale shall issue as in ordinary cases. Sec. 2384. If within twelve months from the establishment of a city or town on the public domain, the parties interested refuse or fail to file in the General Land Office a transcript map, with the statement and testimony called for by the provisions of section twenty-three hundred and eighty-two, it may be lawful for the Secretary of the Interior to cause a survey and plat to be made of such city or town, and thereafter the lots in the same shall be dis- posed of as required by such provisions, with this exception, that they shall each be at an increase of fifty per centum on the minimum of ten dollars per lot. Act approved July 1, 1864 (13 Stat., 343, sees. 2, 3. and 4). 213 Sec. 2385. In the case of any city or town, in which the lots may be variant as to size from the limitation fixed in section twenty- three hundred and eighty-two, and in which the lots and buildings, as municipal improvements, cover an area greater than six hundred and forty acres, such variance as to size of lots or excess in area shall prove no bar to such city or town claim under the provisions of that section; but the minimum price of each lot in such city or town, which may contain a greater number of square feet than the maximum named in that section, shall be increased to such reason- able amount as the Secretary of the Interior may by rule establish. Sec. 2386. Where mineral veins are possessed, which possession is recognized by local authority, and to the extent so possessed and recognized, the title to town lots to be acquired shall be subject to such recognized possession and the necessary use thereof; but noth- ing contained in this section shall be so construed as to recognize any color of title in possessors for mining purposes as against the United States. Act approved March 3, 1865 (13 Stat, 530, sec. 2). (See sec. 2392, Rev. Stats., and sec. 16, Act of March 3, 1891, 26 Stat., 1101, infra.) (4) Townsites Entered by Corporate Authorities or Judges of County Courts as Trustees. Sec. 2387. "Whenever any portion of the public lands have been or may be settled upon and occupied as a townsite, not subject to entry under the agricultural preemption laws, it is lawful, in case such town be incorporated, for the corporate authorities thereof, and, if not incorporated, for the judge of the county court for the county in which such town is situated, to enter at the proper land office, and at the minimum price, the land so settled and occupied in trust for the several use and benefit of the occupants thereof, accord- ing to their respective interests ; the execution of which trust, as to the disposal of lots in such town, and the proceeds of the sales thereof, to be conducted under such regulations as may be prescribed by the legislative authority of the State or Territory in which the same may be situated. (35 L. D., 320; 36 L. D., 85.) Sec. 2388. The entry of the land provided for in the preceding section shall be made, or a declaratory statement of the purpose of the inhabitants to enter it as a townsite shall be filed with the Reg- ister of the proper land office, prior to the commencement of the public sale of the body of land in which it is included, and the entry or declaratory statement shall include only such land as is actually occupied by the town, and the title to which is in the United States ; but in any Territory in which a land office may not have been established, such declaratory statements may be filed with the Surveyor-General of the surveying district in which the lands are situated, who shall transmit the same to the General Land Office. Sec. 2389. If upon surveyed lands, the entry shall in its exterior limit be made in conformity to the legal subdivisions of the public lands authorized by law; and where the inhabitants are in number one hundred, and less than two hundred, shall embrace not exceed- ing three hundred and twenty acres ; and in cases where the inhab- itants of such town are more than two hundred, and less than one 214 thousand, shall embrace not exceeding six hundred and forty acres ; and where the number of inhabitants is one thousand and over one thousand, shall embrace not exceeding twelve hundred and eighty acres; but for each additional one thousand inhabitants, not exceed- ing five thousand in all, a further grant of three hundred and twenty acres shall be allowed. (35 L. D., 559.) ****** Sec. 2391. Any act of the trustees not made in conformity to the regulations alluded to in section twenty-three hundred and eighty- seven shall be void. Act approved March 2, 1867 (14 Stat., 541). (See similar Act approved May 23, 1844, 5 Stat., 657, repealed by Act approved July 1, 1864, 13 Stat., 344, sec. 5.) Acts approved June 23, 1874 (18 Stat., 254, sec. 3), and March 3, 1877 (19 Stat., 392). Sec. 2392. No title shall be acquired, under the foregoing pro- visions of this chapter, to any mine of gold, silver, cinnabar, or cop- per ; or to any valid mining-claim or possession held under existing laws. Act approved March 2, 1867 (14 Stat., 542), and Act approved June 8, 1868 (15 Stat., 67). (See sec. 2386, Rev. Stats., supra, and sec. 16, Act of March 3, 1891, 26 Stat., 1101, infra.) Sec. 2393. The provisions of this chapter shall not apply to military or other reservations heretofore made by the United States ; nor to reservations for light-houses, custom-houses, mints, or such other public purposes as the interests of the United States may require, whether held under reservations through the Land Office by title derived from the Crown of Spain, or otherwise. Act approved March 2, 1867 (14 Stat., 542). Sec. 2394. The inhabitants of any town located on the public lands may avail themselves, if the town authorities choose to do so, of the provisions of sections twenty-three hundred and eighty-seven, twenty-three hundred and eighty-eight, and twenty-three hundred and eighty-nine ; and, in addition to the minimum price of the lands embracing any townsite so entered, there shall be paid by the par- ties availing themselves of such provisions all costs of surveying and platting any such townsite, and expenses incident thereto incurred by the United States, before any patent issues therefor ; but nothing contained in the sections herein cited shall prevent the issuance of patents to persons who have made or may hereafter make entries, and elect to proceed under other laws relative to townsites in this chapter set forth. Act approved June 8, 1868 (15 Stat., 67). (5) Additional Townsites, Etc. ****** That the existence or incorporation of any town upon the public lands of the United States shall not be held to exclude from pre- emption or homestead entry a greater quantity than twenty-five hundred and sixty acres of land, or the maximum area which may be entered as a townsite under existing laws, unless the entire tract claimed or incorporated as such townsite shall, including and in excess of the area above specified, be actually settled upon, inhab- ited, improved, and used for business and municipal purposes. 215 Sec. 2. That where entries have been heretofore allowed upon lands afterwards ascertained to have been embraced in the cor- porate limits of any town, but which entries are or shall be shown, to the satisfaction of the Commissioner of the General Land Office, to include only vacant unoccupied lands of the United States, not settled upon or used for municipal purposes, nor devoted to any public use of such town, said entries, if regular in all respects, are hereby confirmed and may be carried into patent : Provided, That this confirmation shall not operate to restrict the entry of any town- site to a smaller area than the maximum quantity of land which, by reason of present population, it may be entitled to enter under said section twenty-three hundred and eighty-nine of the Revised Statutes. Sec. 3. That whenever the corporate limits of any town upon the public domain are shown or alleged to include lands in excess of the maximum area specified in section one of this Act, the Com- missioner of the General Land Office may require the authorities of such town, and it shall be lawful for them, to elect what portion of said lands, in compact form and embracing the actual site of the municipal occupation and improvement, shall be withheld from pre- emption and homestead entry; and thereafter the residue of such lands shall be open to disposal under the homestead and pre- emption laws. And upon default of said town authorities to make such election within sixty days after notification by the Commis- sioner, he may direct testimony respecting the actual location and extent of said improvements, to be taken by the Register and Re- ceiver of the district in which such town may be situated; and, upon receipt of the same, he may determine and set off the proper site according to section one of this Act, and declare the remaining lands open to settlement and entry under the homestead and pre- emption laws; and it shall be the duty of the secretary of each of the Territories of the United States to furnish the surveyor-general of the Territory for the use of the United States a copy duly certi- fied of every Act of the legislature of the Territory incorporating any city or town, the same to be forwarded by such secretary to the surveyor-general within one month from date of its approval. Sec. 4. It shall be lawful for any town which has made, or may hereafter make entry of less than the maximum quantity of land named in section twenty-three hundred and eighty-nine of the Re- vised Statutes to make such additional entry, or entries, of con- tiguous tracts, w r hich may be occupied for town purposes as when added to the entry or entries theretofore made will not exceed twenty-five hundred and sixty acres. Provided, That such addi- tional entry shall not together with all prior entries be in excess of the area to which the tow r n may be entitled at date of the addi- tional entry by virtue of its population as prescribed in said section twenty-three hundred and eighty-nine. Act approved March 3, 1877 (19 Stat., 392). (6) Townsites on Mineral Lands. * * ::= # * * Sec. 16. That townsite entries may be made by incorporated towns and cities on the mineral lands of the United States, but no title shall be acquired by such towns or cities to any vein of gold, 216 silver, cinnabar, copper, or lead, or to any valid mining claim or possession held under existing law. When mineral veins are pos- sessed within the limits of an incorporated town or city, and such possession is recognized by local authority or by the laws of the United States, the title to town lots shall be subject to such recog- nized possession and the necessary use thereof, and when entry has been made or patent issued for such townsites to such incorporated town or city, the possessor of such mineral vein may enter and receive patent for such mineral vein, and the surface ground apper- taining thereto: Provided, That no entry shall be made by such mineral-vein claimant for surface ground where the owner or occu- pier of the surface ground shall have had possession of the same before the inception of the title of the mineral-vein applicant. ****** Act approved March 3, 1891 (26 Stat., 1101). (See sees. 2386 and 2392, Kev. Stats., supra.) (7) Townsites on Ceded Indian Reservations. (a) IN OKLAHOMA. RESERVATIONS FOR PARKS, SCHOOLS, ETC., AND OKLAHOMA HOMESTEAD COMMUTATIONS FOR TOWNSITES. ****** Sec. 22. That the provisions of Title thirty-two, chapter eight of the Revised Statutes of the United States relating to "reserva- tion and sale of townsites on the public lands" shall apply to the lands open, or to be opened to settlement in the Territory of Okla- homa, except those opened to settlement by the proclamation of the President on the twenty-second day of April, eighteen hundred and eighty-nine : Provided, That hereafter all surveys for town- sites in said Territory shall contain reservations for parks (of sub- stantially equal area if more than one park) and for schools and other public purposes, embracing in the aggregate not less than ten nor more than twenty acres ; and patents for such reservations, to be maintained for such purposes, shall be issued to the towns respectively when organized as municipalities: Provided further, That in case any lands in said- Territory of Oklahoma, which may be occupied and filed upon as a homestead, under the provisions of law applicable to said Territory, by a person who is entitled to perfect his title thereto under such laws, are required for townsite purposes, it shall be lawful for such person to apply to the Secre- tary of the Interior to purchase the lands embraced in said home- stead or any part thereof for townsite purposes. He shall file with the application a plat of such proposed townsite, and if such plat shall be approved by the Secretary of the Interior, he shall issue a patent to such person for land embraced in said townsite, upon the payment of the sum of ten dollars per acre for all the lands em- braced in such townsite, except the lands to be donated and main- tained for public purposes as provided in this section. And the sums so received by the Secretary of the Interior shall be paid over to the proper authorities of the municipalities when organized, to be used by them for school purposes only. ****** Act approved May 2, 1890 (26 Stat., 91, sec. 22). 217 HOMESTEADS COMMUTED FOR TOWXSITE PURPOSES IX WICHITA, COMAXCIIE, KIOWA, AND APACHE LANDS. ****** That that portion of section twenty-two of the Act approved May second, eighteen hundred and ninety, entitled "An Act to pro- vide a temporary government for the Territory of Oklahoma, to enlarge the jurisdiction of the United States court in the Indian Territory, and for other purposes," providing for the commutation for townsite purposes of homestead entries in certain instances, be. and the same is hereby, made applicable to the lands in the Terri- tory of Oklahoma ceded to the United States by the Wichita and affiliated bands of Indians and the Comanche, Kiowa, and Apache tribes of Indians, under agreements, respectively, ratified by the Acts of Congress of March second, eighteen hundred and ninety- five, and June sixth, nineteen hundred. Act approved March 11, 1902 (32 Stat., 63). TOWXSITES VACATED IX COMMUTED HOMESTEADS. * * * That in all cases where a townsite, or an addition to a townsite, entered under the provisions of section twenty-two of an Act entitled "An Act to provide a temporary government for the Territory of Oklahoma, to enlarge the jurisdiction of the United States court in the Indian Territory, and for other purposes," approved May second, eighteen hundred and ninety, shall be vacated in accordance with the law r s of the Territory of Oklahoma, and patents for the public reservations in such vacated townsite, or addi- tion thereto, have not been issued, it shall be lawful for the Com- missioner of the General Land Office, upon an official showing that such townsite, or addition thereto, has been vacated, and upon pay- ment of the homestead price for such reservations, to issue a patent for such reservations to the original entryman. If the original entryman shall fail or neglect to make applica- tion for the reservations within six months from the vacation of such townsite, or from the passage of this Act, the reservations shall be subject to disposal under the provisions of section twenty-four hundred and fifty-five of the Revised Statutes of the United States, as amended by the Act approved February twenty-sixth, eighteen hundred and ninety-five. Sec. 2. That if a patent has already issued, or shall hereafter issue, for any such reservation, to any town or municipality, such town or municipality, upon the vacation of the townsite or addition thereto, as aforesaid, may sell the same at public or private sale to the highest bidder after thirty days' public notice of such sale, and convey said lands to the purchaser by proper deed of conveyance, and cover the proceeds of such sale into the school fund of such town or municipality: Provided, That where, by reason of the vacation of an entire townsite and all its additions, the municipal organization has ceased to exist, the reservations in such vacated townsite which may have been patented to the town may be dis- posed of as isolated tracts under the provisions of section twenty- four hundred and fifty-five of the Revised Statutes of the United States, as amended by the Act approved February twenty-sixth, eighteen hundred and ninety-five. 218 Sec. 3. That all laws and parts of laws, in so far as they con- flict with this Act, are hereby repealed. Act approved May 11, 1896 (29 Stat., 116). (b) IN MINNESOTA. TOWNSITES IX CEDED 1XDIAX LAXDS. # * * * * , * That chapter eight, title thirty-two, of the Revised Statutes of the United States, entitled "Reservation and sale of townsites on the public lands," bo, and is hereby, extended to and declared to be applicable to ceded Indian lands within the State of Minnesota. This Act shall take effect and be in force from and after its passage. Act approved February 9, 1903 (32 Stat., 820). (c) IN SOUTH DAKOTA. TOWNSITES IX ROSEBUD INDIAN LAXDS IN TRIPP COUNTY. '*'*.* Sec. 2. That the land shall be disposed of by proclamation, under the general provisions of the homestead and townsite laws of the United States, and shall be opened to settlement and entry by proclamation of the President, which proclamation shall prescribe the manner in which these lauds may be settled upon, occupied, and entered by persons entitled to make entry thereof, and no person shall be permitted to settle upon, occupy, or enter any of said lands except as prescribed in such proclamation. ****** Sec. 4. That the Secretary of the Interior is authorized to reserve from said lands such tracts for townsite purposes as in his opinion may be required for the future public interests, and he may cause the same to be surveyed into blocks and lots and disposed of under such regulations as he may prescribe, in accordance with section twenty-three hundred and eighty-one of the United States Revised Statutes. The net proceeds derived from the sale of such lands shall be credited to the Indians as hereinafter provided. * * * Approved March 2, 1907 (34 Stat., 1230 and 1231). See para- graph 9, proclamation of August 24, 1908 (37 L. D., 122). (d) IN NORTH AND SOUTH DAKOTA. TOWNSITES IN CHEYENNE RIVER AND STANDING ROCK LAXDS. * * =::=*** Sec. 2. That the lands shall be disposed of by proclamation under the general provisions of the homestead and townsite laws of the United States, and shall be opened to settlement and entry by proclamation of the President, which proclamation shall prescribe the manner in which the lands may be settled upon, occupied, and entered by persons entitled to make entry thereof, and no person shall be permitted to settle upon, occupy, or enter any of said lands except as prescribed in such proclamation: ****** Sec. 5. That the Secretary of the Interior is authorized to reserve from said lands such tracts for townsite purposes as in his opinion may be required for the future public interests, and he may cause the same to be surveyed into blocks and lots and dis- posed of under such regulations as he may prescribe, in accordance 219 with section twenty-three hundred and eighty-one of the United States Revised Statutes. The net proceeds derived from the sale of such lands shall be credited to the Indians as hereinafter provided ****** Approved May 29, 1908 (35 Stat., 461 and 463). (e) IN UTAH. TOWN SITES IN UINTAH LANDS. ****** That the said unallotted lands, excepting such tracts as may have been set aside as national forest reserve, and such mineral lands as were disposed of by the Act of Congress of May twenty- seventh, nineteen hundred and two, shall be disposed of under the general provisions of the homestead and townsite laws of the United States, and shall be opened to settlement and entry by proclama- tion of the President, which proclamation shall prescribe the manner in which these lands may be settled upon, occupied, and entered by persons entitled to make entry thereof; and no person shall be per- mitted to settle upon, occupy, or enter any of said lands, except as prescribed in said proclamation, until after the expiration of sixty days from the time when the same are thereby opened to settlement and entry. * * * Act approved March 3, 1905 (33 Stat., 1069). See Acts approved May 27, 1902 (32 Stat., 263), March 3, 1903 (32 Stat., 998), and April 21, 1904 (33 Stat., 207). Also see proclamations of July 14, 31, and August 14, 1905 (34 Stat., 3122, 3139, and 3143). (f) IN NEVADA. TOWNSITES IN WALKER RIVER LANDS. ****** And when such allotments shall have been made, and the consent of the Indians obtained as aforesaid, the President shall, by procla- mation, open the land so relinquished to settlement, to be disposed of under existing laws. ****** Act approved May 27, 1902 (32 Stat., 261). See proclamation of September 26, 1906 (34 Stat., 3237). (g) IN WYOMING. TOWNSITES IN SIIOSIIONE OR AVIND RIVER LANDS. ****** Sec. 2. That the lands ceded to the United States under the said agreement shall be disposed of under the provisions of the homestead, townsite, coal and mineral land laws of the United States and shall be opened to settlement and entry by proclamation of the President of the United States on June fifteenth, nineteen hundred and six, which proclamation shall prescribe the manner in which these lands may be settled upon, occupied, and entered by persons entitled to make entry thereof, and no person shall be permitted to settle upon, occupy, and enter said lands except as prescribed in said proclamation until after the expiration of sixty days from the time when the same are opened to settlement and entry, * * *. 220 Lands entered under the townsite, coal and mineral-land laws shall be paid for in amount and manner as provided by said laws. f * --:* * * , * Act approved March 3, 1905 (33 Stat., 1021). See proclamation of June 2, 1906 (34 Stat., 3212). (h) IN MONTANA. TOWXSITES IX CROW LAXDS. ****** Sec. 5. * * * That the lands not withdrawn for irrigation under said Reservation Act, which lands shall be determined under the direction of the Secretary of the Interior at the earliest prac- tical date, shall be disposed of under the homestead, townsite, and mineral-land laws of the United States, and shall be opened to settlement and entry by proclamation of the President, which proclamation shall prescribe the manner in which these lands may be settled upon, occupied, and entered by persons entitled to make entry thereof; and no person shall be permitted to settle upon, occ-upy, or enter any of said lands, except as prescribed in such proclamation, until after the expiration of sixty days from the time when the same are opened to settlement and entry ; * * * That "the price of said lands shall be four dollars per acre, when entered under the homestead laws, * Lands entered under the townsite and mineral-land laws shall br paid for in amount and manner as provided by said laws, but in no event at a less price than that fixed herein for such lands, if- entered under the homestead laws, * * *. Act approved April 27, 1904 (33 Stat., 360 and 361). See proc- lamation of May 24, 1906 (34 Stat., 3204). ****** TOWNSITES IN FLATHEAD LAXDS. Sec. 17. That the Secretary of the Interior is hereby authorized and directed to reserve and set aside for townsite purposes, and to survey, lay out, and plat into town lots, streets, alleys, and parks not less than forty acres of said land at or near each of the present settlements of Arlee, Dayton, Ravalli, Dixon, and Ronan, and not less than eighty acres at the present settlements of Saint Ignatius and Poison, and at such other places as the Secretary of the Interior may deem necessary or convenient for townsites, in such mannei as will best subserve the present needs and the reasonable pros- pective growth of said settlements. Such townsites shall be surveyed, appraised, and disposed of as provided in section twenty-three hundred and eighty-one of the United States Revised Statutes : Provided, That any person who, at the date when the appraisers commence their work upon the land, shall be an actual resident upon any one such lot and the owner of substantial and permanent improvements thereon, and who shall maintain his or her residence and improvements on such lot to the date of his or her application to enter, shall be entitled to enter, at any time prior to the day fixed for the public sale and at the appraised value thereof, such lot and any one additional lot of which he or she may also be in possession and upon which he or she may have substantial and permanent improvements : Provided fur- ther, That before making entry of any such lot or lots the applicant 221 shall make proof, to the satisfaction of the register and receiver of the land district in which the land lies, of such residence, possession, and ownership of improvements, under such regulations as to time, notice, manner, and character of proof as may be described by the C'omissioner of the General Land Office, with the approval of the Secretary of the Interior: Provided further, That in making, their appraisal of the lots so surveyed, it shall be the duty of the appraisers to ascertain the names of the residents upon and occupants of any such lots, the character and extent of the improvements thereon, and the name of the reputed owner thereof, and to report their find- ings in connection with their report of appraisal, which report of findings shall be taken as prima facie evidence of the fafcts therein set out. All such lots not so entered prior to the date fixed for the public sale shall be offered at public outcry in their regular order, with the other unimproved and unoccupied lots. That no lot shall be sold for less than ten dollars: And provided further, That said lots when surveyed, shall approximate fifty by one hundred and fifty feet in size. Act of June 21, 1906 (34 Stat., 354, amending Acts April 23, 1904, 33 Stat., 302, and March 3, 1905, 33 Stat., 1048). TOWNSITES IX BLACKFEET AND FORT PECK LANDS. The paragraph relating to "Townsites" in the Act approved March 1, 1907 (34 Stat., 1039), relative to the townsites of Browning and Babb and such other townsites as may be reserved in the Black- feet Indian Reservation, and section 14 of the Act approved May 30, 1908 (35 Stat., 563), relative to the townsite of Poplar and such other townsites as may be reserved in the "Fork Peck Indian Reser- vation," are in substance the same as section 17 in the Flathead Act above quoted, except that the Act concerning townsites in the Fort Peck Reservation grants a preference right of entry to five instead of two lots. (i) IN WASHINGTON. TOWNSITES IN COLVILLE LANDS. **** Sec. 11. That nothing contained in this Act shall prohibit the Secretary of the Interior from reserving from said lands, whether surveyed or unsurveyed, such tracts for townsite purposes, as in his opinion may be required for the future public interests, and he may cause any such reservation, or parts thereof, to be surveyed into blocks and lots of suitable size, and to be appraised and dis- posed of under such regulations as he may prescribe, and the net proceeds derived from the sale of such lands shall be paid to said Indians, as provided in section six of this Act: ##***# Approved March 22, 1906 (34 Stat., 82). TOWNSITES IN SPOKANE LANDS. ****** Sec. 4. That the Secretary of the Interior * * * is further authorized and directed to reserve and set aside such tracts as he may deem necessary or convenient for townsite purposes, and he may cause any such reservations to be surveyed into lots and blocks of suitable size and to be appraised and disposed of under such regu- lations as he may prescribe, and the net proceeds derived from the 222 sale of such lands shall be deposited in the Treasury of the United States to the credit of the Indians of the Spokane Reservation. ****** Act approved May 29, 1908 (35 Stat, 459). (j) IN IDAHO. TOWNSITES IN COEUR D^ALENE LANDS. ****** That the Secretary of the Interior shall reserve from said lands, whether surveyed or unsurveyed, such tracts for townsite purposes as in his opinion may be required for the future public interests, and he may cause any such reservations, or parts thereof, to be surveyed into blocks and lots of suitable size, and to be appraised and dis- posed of under such regulations as he may prescribe, and the net proceeds derived from the sale of such lands shall be paid to said Indians as provided in section seven of this Act: ****** Act Approved June 21, 1906 (34 Stat., 337). (k) IN CALIFORNIA AND ARIZONA TOWNSITES IN YUMA AND COLORADO RIVER LANDS. * ***** There is also appropriated out of any money in the Treasury not otherwise appropriated, the further sum of five thousand dollars, or so much thereof as may be necessary, to enable the Secretary of the Interior to reserve and set apart lands for townsite purposes in the Yuma Indian Reservation, California, and the Colorado River Indian Reservation in California and Arizona, and to survey, plat, and sell the tracts so set apart in such manner as he may prescribe, the net proceeds to be deposited in the Treasury of the United States to the credit of the Indians of the reservations, respectively, to be reim- bursed out of the funds arising from the sale of the lands. * ***** Act approved April 30, 1908 (35 Stat., 77). (8) Townsites in Reclamation Projects. * * * That the Secretary of the Interior may withdraw from public entry any lands needed for townsite purposes in connection with irrigation projects under the reclamation Act of June seven- teenth, nineteen hundred and two, not exceeding one hundred and sixty acres in each case, and survey and subdivide the same into town lots, with appropriate reservations for public purposes. Sec. 2. That the lots so surveyed shall be appraised under tho direction of the Secretary of the Interior and sold under his direction at not less than their appraised value at public auction to the highest bidders, from time to time, for cash, and the lots offered for salu and not disposed of may afterwards be sold at not less than th<; appraised value under such regulations as the Secretary of the Interior may prescribe. Reclamation funds may be used to defray the necessary expenses of appraisement and sale, and the proceeds of such sales shall be covered into the reclamation fund. Sec. 3. That the public reservations in such townsites shall be improved and maintained by the town authorities at the expense of the town; and upon the organization thereof as municipal corpora- 223 tions the said reservations shall be conveyed to such corporations by the Secretary of the Interior, subject to the condition that they shall be used forever for public purposes. Sec. 4. That the Secretary of the Interior shall, in accordance with the provisions of the reclamation Act, provide for water rights in amount he may deem necessary for the towns established as herein provided, and may enter into contract with the proper authorities of such towns, and other towns or cities on or in the immediate vicinity of irrigation projects, which shall have a water right from the same source as that of said project for the delivery of such water supply to some convenient point, and for the payment into the reclamation fund of charges for the same to be paid by such towns or cities, which charges shall not be less nor upon terms more favorable than those fixed by the Secretary of the Interior for the irrigation project from which the water is taken. Sec. 5. That whenever a development of power is necessary for the irrigation of lands under any project undertaken under the said reclamation Act, or an opportunity is afforded for the development of power under any such project, the Secretary of the Interior is authorized to lease for a period not exceeding ten years, giving preference to the municipal purposes, any surplus power or power privilege, and the moneys derived from such leases shall be covered into the reclamation fund and be placed to the credit of the project from which such power is derived : Provided, That no lease shall be made of such surplus power or power privilege as will impair effi- ciency of the irrigation project. Act approved April 16, 1906 (34 Stat., 116). AMENDMENT TO ABOVE ACT. * ***** Sec. 4. * * * Whenever, in the opinion of the Secretary of the Interior, it shall be advisable for the public interest, he may with- draw and dispose of townsites in excess of one hundred and sixty acres under the provisions of the aforesaid Act, approved April six- teenth, nineteen hundred and six, and reclamation funds shall be available for the payment of all expenses incurred in executing the provisions of this Act, and the aforesaid Act of April sixteenth, nine- teen hundred and six, and the proceeds of all sales of townsites shall be covered into the reclamation fund. * * * * * # Act approved June 27, 1906 (34 Stat., 520). (9) Aliens May Acquire Town Lots in the Territories. * ***** Sec. 2. * * * This Act shall not be construed to prevent any persons not citizens of the United States from acquiring or holding lots or parcels of lands in any incorporated or platted city, town, or village, * * * in any of the Territories of the United States. * * * * * # Act approved March 2, 1897 (29 Stat., 618). (10) Parks and Cemeteries. That incorporated cities and towns shall have the right, under rules and regulations prescribed by the Secretary of the Interior, to purchase for cemetery and park purposes not exceeding one-quarter section of public lands not reserved for public use, such lands to be within three miles of such cities or towns : Provided, That when such city or town is situated within a mining district, the land proposed to be taken under this Act shall be considered as mineral lands, and patent to such land shall not authorize such city or town to extract mineral therefrom, but all such mineral shall be reserved to the United States, and such reservation shall be entered in such patent. Act approved September 30, 1890 (26 Stat., 502). (11) Cemeteries. That the Secretary of the Interior be, and he is hereby, authorized to sell and convey to any religious or fraternal association, or pri- vate corporation, empowered by the laws under which such corpora- tion or association is organized or incorporated to hold real estate for cemetery purposes, not to exceed eighty acres of any unappropriated non-mineral public lands of the United States for cemetery purposes, upon the payment therefor by such corporation or association of the sum of not less than one dollar and twenty-five cents per acre : Provided, That title to any land disposed of under the provisions of this Act shall revert to the United States, should the land or any part thereof be sold or cease to be used for the purpose herein provided. Act approved March 1, 1907 (34 Stat., 1052). TOWNSITE REGULATIONS. (12) County-Seat Townsites. Under Section 2286, U. S. Rev. Stats., 160 acres of public land may be entered, at the minimum price therefor, by a county or parish, for the establishment therein of a seat of justice, the pro- ceeds of the sale of a tract so entered to be devoted to the erection of public buildings in the county or parish making the entry. The application should cite said section of the statute and describe the land applied for by legal subdivisions, and be signed by an officer of the county or parish authorized to do so by an order of the county or parish board, and such application should be filed in the proper local land office, together with the notice of intention to make proof in the form prescribed by Act approved March 3, 1879 (20 Stat., 472). Proof and Payment. The land must be paid for at the govern- ment price per acre after proof has been furnished satisfactorily showing First. Six weeks' publication and posting of notice of making proof as in homestead and other cases. Second. The official character of the officer filing the applica- tion and the properly certified record proof of his authority therefor. Third. The due establishment, under the laws of the State or Territory, of the seat of justice for the county upon the land applied for, and also a reference to the law creating suth county. Fourth. That the land applied for is unappropriated public land. The corporate name of the county must be inserted in the grant- ing clause of the certificate of entry. (13) Townsite Reserved by President. Under Section 2380, U. S. Rev. Stats., public land may be reserved by the President for townsite purposes on his own motion, or peti- 225 tions may be addressed to him therefor, setting forth facts warrant- ing his action under said section, duly verified by the affidavit of one or more persons, such petitions to be filed with the President, the Department, or this office, or with the local officers for transmission to this office. Survey and Appraisal. Townsites reserved under section 2380, or under any other law directing their disposition under section 2381, will be surveyed, when ordered by the Department, under the supervision of this Office, into urban, or urban and suburban, lots and blocks, and thereafter the lots and blocks will be appraised by such disinterested person or persons as may be appointed by the Secretary of the Interior. Each appraiser must take his oath of office and transmit the same to this Office before proceeding with his work. This Office must be notified by wire of the time when such appraiser or appraisers enter on duty. They will examine each lot to be appraised and determine the fair and just cash value thereof. Improvements on such lots, if any, must not be considered in fixing such value. Lots or blocks reserved for public purposes will not be appraised. The schedule of appraisement must be prepared in duplicate on forms furnished by this Office, and the certificates at the end thereof must be signed by each appraiser, and on being so completed they must be immediately transmitted to this Office, and when approved by the Secretary of the Interior one copy will be sent to the local officers. Notices of sale will be published for thirty days (unless a shorter time be fixed in a special case) by advertisement in such newspapers as the Department may select and by posting a copy of the notice in a conspicuous place in the Register's office. How Sold. Beginning on the day fixed in the notice and con- tinuing thereafter from day to day (Sundays and legal holidays excepted) as long as may be necessary, each appraised lot will be offered for sale at public outcry to the highest bidder for cash, at not less than its appraised value. Qualifications and Restrictions. No restriction is made as to the number of lots one person may purchase. Bids and payments may be made through agents, but not by mail or at any time or place other than that fixed in the notice of sale. Combinations in restraint of the sale or forbidden by section 2373 of the Revised Statutes of the United States, which reads as follows : Every person who, before or at the time of the public sale of any of the lands of the United States, bargains, contracts, or agrees, or attempts to bar- gain, contract, or agree with any other person, that the last-named person shall not bid upon or purchase the land so offered for sale, or any parcel thereof, or who by intimidation, combination, or unfair management, hinders or pre- vents, or attempts to hinder or prevent any person from bidding upon or pur- chasing any tract of land so offered for sale, shall be fined not more than one thousand dollars, or imprisoned not more than two years, or both. Suspension or postponement of the sale may be made for the time being, to a further day, or indefinitely, in case of any combi- nation which effectually suppresses competition or prevents the sale of any lot at its reasonable value, or in case of any disturbance which interrupts the orderly progress of the sale. Payments and Forfeitures. If any bidder to whom a lot has 226 been awarded fails to make the required payment therefor to the Receiver, before the close of the office on the day the bid was accepted, the right thereafter to make such payment will be deemed forfeited, and the lot will be again offered for sale on the following day, or if the sale has been closed, then such lot will be considered as offered and unsold, and all bids thereafter by the defaulting bidder may, in the discretion of the local officers, be rejected. Lots Offered and Unsold. Each lot offered and remaining unsold at the close of the sale will thereafter be and remain subject to private sale and entry, for cash, at the appraised value of such lot. Certificates. All lots purchased at the same time, in the same manner, in the same townsite, and by the same person should be included in one certificate, in order to prevent unnecessary multi- plicity of patents. Lots sold at private sale should be accompanied by an application therefor, signed by the applicant. Certificates will be issued upon payment of the purchase price, as in other cases. (14) Townsites Platted by Occupants. Title to lots and blocks in an established town on public land may be acquired under sections 2382 to 2386, inclusive, U. S. Rev. Stats. Survey and Plat. The occupants, at their own expense, must cause a survey of the land into lots, blocks, streets and alleys to be made, and the plat and field notes thereof to be filed with the Recorder of the county in which the land is situated. The plat must show (1) that the land does not include an area in excess of 640 acres, unless the lots, buildings, and improvements cover a greater area, and then only to the extent so occupied and improved ; (2) that the boundaries of the land are correctly shown and described thereon according to the lines of the public surveys, or if not so surveyed, then that the exterior lines of the townsite survey are tied to a designated, permanent, and thoroughly identified monument; (3) that the streets, squares, blocks, lots, and alleys, the dimensions of the same, with measurements, courses, and area of each municipal subdivision, and the name of the town are correctly delineated thereon ; and (4) the exterior lines of all existing railroad rights of way and station grounds. The lots should not exceed 4,200 square feet, except in cases where the configuration necessitates a different area. The above required facts should be verified by the oath of the surveyor entered upon the margin of the plat. A statement of the extent and general character of the improve- ments on the land must be filed with the plat and field notes, and such plat and statements must be verified by the oath of the party acting for and in behalf of the occupants of the land. Transcript of Plat and Statement. Within one month after fil- ing such plat, field notes, and statement, a transcript thereof in duplicate, each duly verified by the certificate of the County Recorder, and accompanied by the testimony of two witnesses that such town has been established in good faith, and showing the num- ber of inhabitants thereof, and when it was so established, shall be filed with the Register and receiver of the land office in which the townsite is located, who will immediately transmit the same to this Office for consideration, and upon the approval thereof one of said 227 duplicate plats and statements will be returned to the local officers for their files. Notice of Filing Plat. On filing such plat and statement the Register and Receiver will prepare and conspicuously post in their office a notice to the effect that the official plat of such townsite has been filed in their office, and that they are ready to receive appli- cations by lot occupants to make proof for and purchase the lots occupied by them, respectively. The newspapers in the vicinity should be given copies of the notice as an item of news, and such other publicity should be given it as can be done without expense. Adjustment to Lines of Public Survey. When the townsite is upon land over which the township surveys have not been extended, the Surveyor-General will be notified of the townsite survey and be furnished by this Office with an outline plat showing the exterior lines thereof, with courses and distances, the date of the survey and the approval thereof, and thereafter when the township surveys have been extended over the land the exterior lines of the townsite may be adjusted thereto where it can be done without impairing vested rights. Department May Make Townsite Survey. Refusal or failure to file such transcript, plat, field notes, and statement, with the testi- mony, as above required, within twelve months from the establish- ment of a town on the public domain, will authorize the Secretary of the Interior to cause a survey and plat to be made thereof, the lots in which shall be disposed of at an increase of fifty per centum on the minimum price. The minimum price for all lots of 4,200 square feet or less is $10 per lot, except in cases where the Secretary of the Interior causes the survey into lots and blocks to be made by the Government, in which case the minimum price is $15 per lot for such lots. The minimum price for all lots in excess of 4,200 square feet will be computed by adding to said minimum price of $10 or $15, as the case may be, the sum of $4 for each additional 1,000 square feet or fractional part thereof in excess of 4,200 square feet. A preemption right of purchase at the minimum price, at any time before, the day fixed for the public sale, of not exceeding two lots, is accorded an actual resident, to secure which he must file in the local Office his application therefor, and therein state the date of settlement, the value and character of his improvements thereon, that he is 21 years of age or over or the head of a family, and that he is a citizen of the United States or has declared his intention to become such. The notice of intention to make proof must be filed and the notice for publication must be issued, published, and posted at the applicant's expense as in ordinary cases and in manner and form and for the time as provided in the Act of March 3, 1879 (20 Stat., 472). Preemption proof may be made before the Register and Receiver, or any officer duly authorized by law, and must show by record or documentary evidence where such evidence is usually required, and where not so required by the testimony of witnesses, (1) due publication of the Register's notice; (2) the claimant's age; (3) his citizenship; and (4) his actual residence upon one lot and sub- stantial improvements on the second lot, if two lots be included in 228 the application. The proof must embrace the testimony of the appli- cant and of at least two of his advertised witnesses. The pur- chase price for the lot or lots must be paid to the Receiver when the proof is made. Entry of public lands under other laws, or in other townsites, or ownership of more than 320 acres, will not disqualify an applicant from making such entry. No entry can be made of an improved lot on which the claimant does not reside unless his resi- dence lot is included in the same or a previous entry. Hearings will be ordered and conducted in accordance with the Rules of Practice where two or more adverse applications are filed for the same lot, or where a sufficient contest affidavit is filed against an application, on or before the day fixed for making proof, but no purchase money will be collected from the applicants until the final determination of the case, whereupon the successful applicant will be required to pay the purchase price within thirty days from notice thereof. Mineral surveys, locations, applications, and entries covering lots in such townsites will not prevent the entry of such lots hereunder and the issuance of patent thereon, but such mineral claims, if held under prior and valid mineral rights, are amply protected by the law from prejudice by the allowance of such town-lot entries and patents, and paramount patents may be issued thereafter to such mineral claimants. Mineral Patents. Lots wholly covered by outstanding mineral patents are not subject to entry under the townsite law, and appli- cations therefor will be rejected. Lots partly covered by mineral patents may be entered at the price fixed for the whole lot, but the certificate and receipt must contain at the end of the description an exception clause as follows: ''Excepting and excluding the por- tion of said lot (or lots) embraced in mineral patent (or patents) heretofore issued." Millsites. The continued use and occupation within a townsite of a duly located millsite claim under section 2337, U. S. Rev. Stats., from a time prior to a settlement and occupation thereon for town- site purposes, will defeat the rights of the claimant under the town- site laws to any part of the land within such millsite. Railroad rights of way and station grounds, when approved by the Department, are subject to all valid rights existing at the date of filing the application for such rights of way or station grounds. Forfeiture of Preemption Right. All right to preempt and pur- chase occupied and improved lots for which no entry has been allowed prior to or on the date fixed for the public sale will be forfeited unless a contest be pending thereon as hereinbefore pro- vided, and such lots will be offered for sale together with the unoc- cupied lots. "When notified of the date fixed for the public sale, the Register and Receiver will refuse to receive or consider any such application for entry where due publication could not be had and proof made thereon prior to the date so fixed for the public sale. Public Sale. The notice of public sale will be prepared and pub- lished in the form and manner herein provided for the sale of town lots under section 2381, U. S. Rev. Stats., and the sale will be con- ducted in the same manner and subject to the same restrictions, except that no lot shall be sold for less than the minimum price herein fixed therefor, and such lots as may not be so disposed of shall thereafter be liable to private entry at such minimum, or at such reasonable increase or diminution as the Secretary of the Interior may order from time to time after at least three months' notice. Certificates and applications for private entry must be issued and filed in manner and form as provided in the regulations under said section 2381. (15) Townsites Entered by Corporate Authorities or Judges of County Courts as Trustees. Segregation by Townsite Settlement. Public lands settled upon and occupied as a townsite are thereby segregated from entry under the agricultural land laws, and may be entered under sections 2387 to 2389, subject to the restrictions contained in sections 2386 and 2391 to 2393, inclusive, U. S. Rev. Stats. Entries, by Whom Made. If the town is incorporated the entry must be made by the corporate authorities or by the Mayor or other principal officer authorized so to do by resolution or ordinance of the Tow r n Board or City Council. If the town is not incorporated, the entry must be made by the Judge of the County Court upon petition addressed to him therefor, signed by such number of actual occu- pants of lots therein as may be required by the laws of the State or Territory in which the town is situated. Private individuals, organ- izations, or corporations are not authorized to make such entries. A Double Trust. The entry must be made in trust (1), as to the occupied lots, for the several use ard benefit of the occupants thereof according to their respective interests, and (2) as to the unoccupied lots, for the use and benefit of the municipality, the public, or the occupants collectively as a community. Such entries can not be made for the benefit of one individual, or organization, or corpora- tion, but only for the benefit of the actual inhabitants and occupants of an established town. Prospective townsites can not be so entered. The execution of the trust as to the disposal of the lots and the proceeds of sales is to be conducted under regulations prescribed by the State or Territorial laws. Acts of trustees not in accordance with such regulations are void. The amount of land that may be entered under this Act is pro- portionate to the number of inhabitants. One hundred and less than two hundred inhabitants may enter not to exceed 320 acres; two hundred and less than one thousand inhabitants may enter not to exceed 640 acres; and where the inhabitants number one thousand and over an amount not to exceed 1,280 acres may be entered; and for each additional one thousand inhabitants, not to exceed five thousand in all, a further amount of 320 acres may be allowed. When the number of inhabitants of a town is less than one hundred the townsite shall be restricted to the land actually occupied for town purposes, by legal subdivisions. Unsurveyed public land upon which a town has been established may be entered hereundcr. In such case a special survey should be procured by application to the Surveyor-General therefor, the cost of which survey will be paid out of the general appropriations for public surveys. When the plat of such survey is filed in the local Office, application may be made to enter the land described therein. Declaratory statements may be filed as the initiatory step for the 230 entry of the laud in all cases where the occupants are not ready to apply for entry, and should be so filed in order to protect their rights. The statement should be signed and filed by the officer entitled to make entry under the law, and should show the number of inhabitants, that the land is occupied for trade, business, and other townsite purposes, and the date when first so occupied, and declare the purpose of the occupants to enter it under the townsite laws. It should include only such lands as the town is entitled to enter by Government subdivisions where surveyed, and if not sur- veyed the land should be described so it may be easily identified. Proof. The notice of intention to make proof must be filed and the notice for publication must be issued, published, and posted at the applicant's expense as in ordinary cases, and in manner and form and for the time provided in the Act of March 3, 1879 (20 Stat., 472). The proof may be made before the Register and Receiver or any officer duly authorized by law, and must show, by record or documentary evidence, where such evidence is usually required, and where not so required by the testimony of at least two of the advertised witnesses, (1) due publication of the Regis- ter's notice; (2) if an incorporated town, proof of incorporation, which should be a certified copy of the order of incorporation, or if by legislative enactment, a citation to such act; (3) certified record evidence of the election, qualification, and the authority of the offi- cer making entry; (4) the number of townsite occupants and claim- ants on each occupied Government subdivision; (5) the number of inhabitants in the townsite; (6) the character, extent, and value of townsite improvements located on each Government subdivision ; and (7) the date when the land was first used for townsite purposes. Restrictions. First. Area. Entry can not be made hereunder of a greater quantity of land than 2,560 acres, unless the excess in area is actually settled upon, inhabited, improved, and used for business and municipal purposes. Second. Unpatented Mineral Claims. Under said sections 2386, 2392, and section 16 of the Act of March 3, 1891 (26 Stat., 1101), the title to lands acquired hereunder will be subject to all valid prior rights to unpatented mining claims or possessions held under existing law, and paramount patents may be issued thereafter to such mineral claimants, notwithstanding the prior townsite patent. Third. Patented Mineral Claims. All lands covered by pat- ented mineral claims must be omitted from the townsite entries here- under. Government subdivisions of land, made fractional by the omission of such patented claims, will be designated by lot num- bers on a segregation diagram prepared by the Surveyor-General. Fourth. Reservations for the use of the United States Govern- ment are not subject to entry hereunder. Fifth. Millsites. The continued use and occupation within a townsite of a duly located millsite claim under section 2337, II. S. Rev. Stats., from a time prior to a settlement and occupation thereof for townsite purposes, will defeat the rights of the claimant under the townsite laws to any part of the land within such millsite. Sixth. Railroad rights of way and station grounds, when approved by the Department, are subject to all valid rights existing at the date of filing the application for such rights of way or station grounds, 231 Change of Method of Entry. Where proceedings have been had for the entry of lots under sections 2382 to 2386, inclusive, U. S. Rev. Stats., but no patent has issued thereunder, the occupants may avail themselves, if the town authorities choose to do so, of the provisions of said sections 2387 to 2389 and make proof and entry thereunder: Provided, however, that in addition to the minimum price for the land applied for there shall be paid, before patent issues therefor, by the parties applying for such change of entry, all costs of surveying and platting such townsite and expenses incident thereto incurred by the Government under the provisions of said sections 2382 to 2386. On application to this Office the applicants will be informed of the amount of said expense to be paid in excess of the purchase price of the land in order to effectuate such change of entry. Additional Entries. Where townsite entry has been or may here- after be made, under the provisions of said sections 2387 to 2393, additional entries may be made, under the provisions of section 4 of the Act approved March 3, 1877 (19 Stat., 392), of such con- tiguous tracts as may be occupied for townsite purposes, but such additional entry shall not, together with all prior entries made for such townsite, be in excess of the area to which the town may be entitled at date of the additional entry by virtue of its population as prescribed in said section 2389 : Provided, however, that such area shall not exceed 2,560 acres. Such additional entries will be made in the same manner and under the same regulations as are herein provided for entries under said sections 2387 to 2393, inclusive. Entry and Payment. When townsite proof has been submitted hereunder the Register and Receiver will, if they approve the same, forward it to this office with their recommendation thereon, without collecting the purchase money and without issuing the final papers. If the proof submitted to this office is found satisfactory the local officers will be notified thereof, and if no objections exist in their office they will notify the applicant thereof, and on payment of the minimum price fixed by the law for the purchase of the land they will issue the final papers. (See Circular of January 6, 1904, 32 L. D. } 481.) (16) Townsites on Mineral Lands. In view of the numerous inquiries touching the rights of claim- ants for mineral lands situated within townsites, as opposed to rights which may be acquired to such lands under the townsite laws, it is deemed appropriate to herein recite the principal rules applicable to the subject, so far as they seem clear from the law itself or are indicated by the trend of adjudicated cases. The general townsite laws, comprised in sees. 2380 to 2394, U. S. Rev. Stats., authorize the entry of townsites, or the sale of lots therein, upon public lands which may include unpatented mineral claims, but the rights of mineral claimants upon any land entered or sold under said townsite laws are expressly protected by sees, 2386 and 2392. These two sections recognize the superior rights, as against any townsite claimant whether corporate, community, or individual of all claimants for mineral veins possessed agreeably to local custom, or for any valid mining claim or possession held 232 under existing law. The precedence and superiority so accorded to mineral claims, however, depend in final analysis upon the question of fact whether, at date of townsite entry or lot sale, the lands claimed under ttie mining laws were "known to contain minerals of such extent and value as to justify expenditures for the purpose of extracting them" (31 L. D., 87). Where an affirmative showing in such behalf is made in due course by the mineral claimant, his right to a patent for the land (subject to the distinction hereinafter noted as to incorporated towns) will not be prejudiced by any previous townsite entry, deed, or patent covering the same land (26 L. D. 144; 29 L. D., 426; 32 L. D., 211; 34 L. D., 276 and 596). Under said general townsite laws, as construed by the Depart- ment and the courts, an entry including unpatented mineral lands may be made for an incorporated town as well as for an unincor- porated town, the law requiring that in the former case the entry shall be made by the corporate authorities, and in the latter by the County Judge (34 L. D., 24). "While such general right of entry by or for incorporated towns and cities is therefore independent of any- thing contained in sec. 16 of the Act of March 3, 1891 (26 Stats., 1095), it will be seen that that section in terms announces the right to enter mineral lands. The protection afforded to mineral claims by the body of sec. 16 is similar to that given generally in said sees. 2386 and 2392, Rev. Stats., but the proviso to sec. 16 is as follows: Provided, That no entry shall be made by such mineral-vein claimant for surface ground where the owner or occupier of the surface ground shall have had possession of the same before the inception of the title of the mineral-vein applicant. This Department has never viewed said proviso as warranting, under any circumstances, the allowance of entry for a mineral vein independently of "the surface ground appertaining thereto," nor is such an entry provided for in the general mining laws. But said proviso creates one distinction between unincorporated and incor- porated towns as regards the relative rights of townsite occupants and mineral claimants, which is, that whereas the townsite patent will, in either case, carry absolute title to any mineral not known to exist at the date of townsite entry, the adverse rights of mineral and town-lot claimants within incorporated towns are hinged, upon pri- ority of initiation. That is to say, that after entry is made for such town, no entry by a mineral-vein applicant will be allowed for any land owned and occupied under the townsite law by a party whose possession antedated the inception of the mineral applicant's claim, even though such land was known, at date of the townsite entry, to contain valuable minerals. Subject to the distinction above noted, the foregoing principles apply to all mineral claims within townsites entered or disposed of under any of the laws above mentioned, and also to mineral claims within townsites disposable under special Acts containing no ref- erence to the rights of mining claimants. The law does not require that townsite entries shall exclude any mineral claim or possession except such as may have been patented (29 L. D., 21). Mineral claims which have not been patented may be excluded from a townsite entry at the option of the townsite applicant, who must, in that event, furnish satisfactory proof that the exclusion covers a "valid mining claim or possession held under existing law" (33 L. D., 542). The exclusion of a millsite claim 233 % from a townsite entry is necessary only in cases where the millsite claimant shall have been in occupation of the ground, under regular location, from a time antedating its occupation for townsite pur- poses. The issue of priority in such cases may be raised by the townsite applicant, the millsite claimant, or the Government. (17) Townsites on Ceded Indian Reservations. (a) IN OKLAHOMA. How Entered. Under section 22 of the Act approved May 2, 1890 (26 Stat., 91), townsite entries may be made in the same man- ner, under the same regulations, and for the same purchase price herein provided for entries under sections 2380 and 2381, 2382 to 2386, or 2387 to 2394, U. S. Rev. Stats., except that the following additional proof is required: Public Reserves. Triplicate plats of the survey of the townsite into lots and blocks must be made and filed with the local officers at the time of submitting proof, showing the reservation of not less than ten nor more than twenty acres for park, school, and other pub- lie purposes. Such plats shall be made on tracing linen and on a scale w of 100 feet to 1 inch, and be provided with a margin suffi- cient to contain the verifications of the surveyor and the applicant acting for the town and the approval thereof by the proper officer of the Land Department. The name of the townsite must be stated on the plats, and they must contain a description of the land and the exterior boundaries thereof, according to the lines of the public surveys, and must exhibit the streets, squares, blocks, lots, and alleys, the courses and distances of the exterior lines of the squares, the width and courses of the streets and alleys, the size of the regu- lar lots and blocks, and if a lot or block is irregular in shape the dimensions and courses of the lines of each should be indicated, so the area thereof may be readily computed, and the area of each reserve and the particular public purpose for which the reserve is made must be designated thereon. The exterior lines of all existing railroad rights of way and station grounds should also be delineated on the plat. Whenever an entry is made adjacent to a town already in existence, the streets must conform to the streets already estab- lished, and this must be stated in the affidavit of the surveyor upon the margin of each plat, which affidavit must also contain a state- ment showing the correctness of the survey and plats of the land, describing it, and giving the aggregate area of the tracts reserved for public purposes. The affidavit of the applicant upon the margin of each plat shall contain the statement that the application for the described tract of land as the townsite of is made under the provisions of section 22 of the Act of May 2, 1890 (26 Stat., 91) ; that all streets, alleys, parks, and reservations are dedicated to pub- lic use and benefit; and that the plat is correct according to the survey made by the proper surveyor. Upon the receipt of such proof and plat by this office, if found to be satisfactory, the plats will be approved by the Commissioner, and two of them will be returned to the local officers, one to be retained in their files and one to be given to the applicant for filing with the Recorder of the proper county, and the local officers will be directed to take such 234 further action as may be prescribed by the law and regulations under which the application is made. Homestead Commutations for Townsites. Applications to com- mute homestead entries, or portions thereof, for townsite purposes under the provisions of the second proviso of section 22 of the Act approved May 2, 1890 (26 Stat., 91) ; will be addressed to the Secre- tary of the Interior and be filed in the District Land Office. The application may be on Form 4-001, and may be made for the com- mutation of the whole or a part of the homestead entry, but must be by full legal subdivisions, and any application for less than a full legal subdivision or for land involved in any contest will not be recognized. Proof. Notice of intention to make proof and the notice for publication shall be the same in all respects as that required of a claimant in making final homestead proof, with the addition that it shall state that said proof will be made under section 22 of the Act of May 2, 1890. Proof by the claimant and two of his advertised witnesses must be furnished showing First. Due publication of notice as in ordinary cases. Second. That the land is required for townsite purposes. Third. Due compliance by the entryman with the provisions of the law and of the President's proclamation under which settlement of the land became permissible. Fourth. The claimant's citizenship and qualifications in all other respects as a homesteader, the same as in making final homestead or commutation proof. Fifth. Due compliance by the claimant with all the require- ments of the homestead law up to the date of submitting proof. Plats. At the time of submitting proof the entryman shall file therewith triplicate plats of the survey of the land into lots, blocks, streets, and alleys, in the same form and manner, and containing reservations of not less than ten nor more than twenty acres, as required by the regulations herein for the entry of townsites under said section 22, the same to be duly verified by himself and the sur- veyor as in said regulations required, except that his oath shall show that his application is made under the provisions of the second pro- viso of said section 22. Purchase Price. At the time of submitting the proof and plats, except as hereinafter provided, the claimant shall tender to the Receiver a draft on New York, made payable to the order of the Secretary of the Interior, for the purchase price of the land, exclu- sive of the portions reserved for public purposes, at the rate of ten dollars per acre. The Register and Receiver will thereupon transmit the application, proof, and plats to this office with their joint report as to the status of the land, and at the same time they will trans- mit the draft to the Secretary of the Interior, making reference in each letter to the other. Approval. If the proof and plats are found by this office to be in accordance with these regulations and sufficient in form and sub- stance, they will be forwarded to the Secretary of the Interior with recommendation that they be approved. Should they be so approved and the receipt of the purchase price of the land be acknowledged by the Secretary, one of the plats will be retained in this office and the other two will be returned to the District Land officers , one to 235 be retained by them and the other delivered to the applicant to be by him filed in the office of the Recorder of Deeds of the proper county, and the Register will be directed to issue his certificate for the land embraced in said plats, excepting and excluding therefrom the tracts reserved for public purposes as designated on said plats. Receipts of the purchase money having been acknowledged by the Secretary of the Interior, no receipt will be issued by the Receiver. Notation on Records. On the issuance of the certificate of entry the Register and Receiver will note on their records the commuta- tion of the applicant's homestead entry, in whole or in part, as the case may be. When patent is ready for delivery the entryman will be required, before the patent shall be delivered, to surrender his duplicate homestead receipt for transmittal to this office, if the entire homestead entry is commuted, or to have the commuted entry noted thereon and the same then returned to him, if com- muted only in part. Contests and Protests. Where an affidavit of contest or protest against the allowance of an application hereunder is filed at the time of submitting proof, or prior thereto, containing sufficient allegations, made and corroborated under oath to warrant a hear- ing, and the further allegation that the same is not initiated for the purpose of harassing the claimant and extorting money from him under a compromise, but in good faith to prosecute the same to a final determination, the Register and Receiver will take appro- priate action thereon in accordance with the Rules of Practice. The local officers will not require tender of the purchase price of the land until the final determination of the case favorable to the appli- cation to purchase, and when so advised they must require the applicant to immediately tender a New York draft for such pur- chase price, made payable to the Secretary of the Interior, and on receipt thereof they will transmit it to the Secretary and advise this office thereof. Contest or protest affidavits filed after transmittal of proof will not be considered by the Register and Receiver, but will be immediately transmitted to this office. Appeals lie from the decisions of the Register and Receiver to this office, and from the decision of this office to the Secretary of the Interior, as in other cases, and all procedure thereon will be governed by the Rules of Practice. Disposition of Proceeds. The moneys derived from the com- mutation of homestead entries for townsite purposes will be paid over to the proper authorities of the municipalities when organized, upon the receipt of the following required proof: First. A duly certified copy, under seal of the order of the board of County Commissioners, declaring that the specified terri- tory shall, with the assent of the qualified voters, be an incor- porated town; also the notice for a meeting of the electors, as required by paragraph 5 of article 1, chapter 16, of the statutes of Oklahoma. Second. A like certified copy of the statement of the inspectors filed with the Board of County Commissioners, also a like certified copy of the order of said board, declaring that the town has been incorporated, as provided by paragraph 9 of said article 1. Third. A like certified copy of the statement of the inspectors, filed with the County Clerk, declaring who were elected to the 236 office of trustees, clerk, marshal, assessor, treasurer, and justice of the peace, as provided by paragraph 16 of said article 1. Fourth. A like certified copy, by the town clerk, of the pro- ceedings of the board of trustees electing one of their number president; also a copy of the qualifications to act, by each of the officers mentioned, as provided by paragraph 19 of said article 1. Fifth. A certified copy by the town clerk, of the proceedings of the board of trustees, designating some officer of the municipality to make application for and to receive the money to be paid by the Secretary of the Interior. Sixth. A proper application for the money by said designated officer. Said application shall be addressed to the Secretary of the Interior and may either be filed in the District Land Office for transmittal to this office or forwarded by the municipal authorities direct to this office. When the same is receiA r ed by this office, if the application and accompanying evidence are in accordance with the requirements herein mentioned, it will be transmitted to the Sec- retary of the Interior and when approved by him the money will be paid over to the designated officer to be used by the municipality for school purposes only as required. Public Reserves, How Entered. Applications for patents to the tracts reserved for public purposes, in all towns in Oklahoma created under said section 2 or under any other Act where tracts have been reserved for such purposes under said section 22, may be filed on behalf of the municipalities whose corporate limits cover the land in which such reservations are situated. The application should be made by the Mayor or other proper municipal officer, and describe the reservations to be patented according to the ap- proved plats of said townsite, and the same should be accompanied with the proof of the municipal organization of the town similar to that above provided for the disposition of the proceeds derived from the commutation of homestead entries for townsite purposes under said section 22. and proof must also be filed therewith of the authority of the officer filing the application to make the same with the proper record evidence of his election and qualification as such officer. The application and proof must be filed in the District Land Office, and if the officers thereof find the same sufficient under these regulations the Register will issue the certificate of entry in the form provided therefor. Reservations in Vacated Townsites. Under the Act approved May 11, 1896 (29 Stat, 116), where a townsite or an addition to a townsite, in a homestead commuted to a townsite entry under the second proviso of section 22 of the Act Approved May 2, 1890 (26 Stat., 91), has been vacated under the laws of Oklahoma, and patents for the public reservations therein have not been issued, such reservations will be disposed of in the following manner : First. Application and Proof by the Original Entryman. Application for a patent to such reservations may be filed by the original entryman within six months from the vacation of the town- site, and proof must be filed by him, with the Register and Receiver, of the due vacation of such townsite in accordance with the require- ments of the laws of Oklahoma, which proof must consist of a copy of the record evidence of such vacation duly certified Such proof 237 must also be accompanied with evidence that the corporate authori- ties of the municipality, if one be organized, in which the reserva- tions were situated prior to such vacation, have been personally served thirty days prior to making such proof with notice of the application and of the date the proof will be made. If the proof be found sufficient the entry will be allowed for the reservations as described in the townsite plat upon receipt of the payment of the homestead price. If the municipality is represented at the time of making proof, it may be heard in opposition to the application and decision be rendered thereon subject to appeal as in other cases. Second. Reservations Disposed of as Isolated Tracts. In case of the failure of the original entryman to apply for patent to such reservations within six months from the vacation of such townsite, or in case such reserves have been patented to the municipality and it has ceased to exist by reason of such vacation, the reservations will be disposed of as isolated tracts under the provisions of section 2455, U. S. Rev. Stats., and the acts amendatory thereof, and the regulations issued thereunder. Third. Reservations may be sold by an existing municipal corporation, upon the vacation of the townsite, where patent has been issued to such municipality therefor, the proceeds of such sale to be covered into the school fund of such corporation. See case of City of Enid (30 L. D., 352). (b) .IN MINNESOTA. Townsites in ceded Indian lands under the Act approved Feb- ruary 9, 1903 (32 Stat., 820), will be disposed of in accordance with the regulations herein provided for townsites created under sections 2380 and 2381, 2382 to 2386, or 2387 to 2393, U. S. Rev. Stats. (c) IN SOUTH DAKOTA. Townsites in Rosebud ceded Indian lands in Tripp County, under the Act approved March 2, 1907 (34 Stat., 1230 and 1231), will be disposed of in accordance with the regulations herein provided for the disposal of townsites under section 2381, U. S. Rev. Stats. (d) IN NORTH AND SOUTH DAKOTA. Townsites in Cheyenne River and Standing Rock Indian lands, under the Act approved May 29, 1908 (35 Stat., 461 and 463), will be disposed of in accordance with the regulations herein provided for the disposal of townsites under section 2381, U. S. Rev. Stats. (e) IN UTAH. Townsites in the Uintah Indian lands, under Act approved March 3, 1905 (33 Stat., 1069), will be disposed of in accordance with the regulations herein provided for townsites created under sections 2380 and 2381, 2382 to 2386, or 2387 to 2393, U. S. Rev. Stats. (f) IN NEVADA. Townsites in the Walker River Indian lands, under Act approved May 27, 1902 (32 Stat., 261), will be disposed of in accordance with the regulations herein provided for townsites created under sections 2380 and 2381, 2382 to 2386, or 2387 to 2393, U. S. Rev. Stats. 238 (g) IN WYOMING. Townsites in Shoshone or Wind River Indian lands, under Act approved March 3, 1905 (33 Stat., 1021), will be disposed of in accordance with the regulations herein provided for townsites created under sections 2380 and 2381, 2382 to 2386, or 2387 to 2393, U. S. Rev. Stats. (h) IN MONTANA. Townsites in Crow Indian lands, under Act approved April 27, 1904 (33 Stat., 360 and 361), will be disposed of in accordance with the regulations herein provided for townsites created under sections 2380 and 2381, 2382 to 2386, or 2387 to 2393, U. S. Rev. Stats. Townsites in Flathead Indian Lands Survey and Appraisal. Under the Act approved June 21, 1906 (34 Stat., 354), townsites may be selected and reserved by the Secretary of the Interior, and thereafter they will be surveyed and platted into lots, blocks, streets, and alleys, and the lots appraised in accordance with the regulations in this circular provided for townsites surveyed, platted, and appraised under section 2381, U. S. Rev. Stats., but the ap- praisers shall, in addition to the work in such regulations required, also ascertain the names of the residents upon, and occupants of. any lots in such townsite, the character and extent of the improve- ments on such lots, and the name of the reputed owner thereof, and they shall report their findings thereon in connection with their report of appraisals, which report of findings shall be taken as prima facie evidence of the facts therein set out. Filing of Plat and Appraisement. When the plat and appraise- ment lists are approved, the same will be sent to the Register and Receiver for filing, and immediately on receipt thereof they will prepare a notice to the effect that such plat and list have been filed with them, stating the date thereof, and that they are ready to receive applications to make proof and entry for improved lots by persons claiming a preference right to enter the same at the appraised price, which applications and the proof thereon must be filed and made in time to secure entry prior to the date fixed for the public sale. Such notice will be given publicity by posting a copy thereof in a conspicuous place in the Register's office, by giv- ing copies thereof to the local newspapers as an item of news, by transmitting copies thereof to the postmaster in each townsite in which there is a post-office, and where there is none, then to the postmaster nearest the land, with a request that he post the same in a conspicuous place in his office, and by giving such further pub- licity thereto as may be done without incurring expense. Preference Right, Application, and Proof. A preference right of entry, at the appraised price, of not exceeding two lots, is accorded an actual resident, to secure which entry the claimant must file in the District Land Office, in time to make proof and secure entry thereof prior to the date of public sale, an application therefor, showing that at the date the appraisers commenced their worb upon the land the claimant was an actual resident upon one of the lots applied for, and the owner of substantial and permanent improvements thereon, and also the owner at said date of sub- 239 stantial and permanent improvements upon the other lot, if two are applied for, and that such residence and improvements have been maintained thereon to date of filing application. A notice of inten- tion to make proof must be filed and the notice for publication must be issued, published, and posted at the applicant's expense, as in ordinary cases, and in manner and form and for the time pro- vided in the Act approved March 3, 1879 (20 Stat., 472). The proof may be made before the Register and Receiver or any officer duly authorized by law, and must show, by record or docu- mentary evidence where such evidence is usually required, and where not so required, by the testimony of witnesses, (1) due pub- lication of the Register's notice; (2) the applicant's possession of and actual residence upon one of the lots applied for and his or her ownership of substantial and permanent improvements thereon at the date the appraisers commenced their work upon the land; (3) his or her possession and ownership of substantial and permanent improvements upon the other lot at the date the appraisers com- mence their work upon the land, if two lots are applied for; (4) the maintenance of such residence, possession, and improvements to date of filing the application; and (5) applicant's age, and if a minor or a married woman, whether he or she lives separate and apart from his or her parents and husband. The proof must em- brace the testimony of the applicant and of at least two of his adver- tised witnesses. The appraised purchase price of each lot must be paid to the Receiver at the time of submitting proof, except as hereinafter provided, and if the proof is found sufficient entry will be issued thereon. Forfeiture, Qualification, and Restrictions. All preference right of entry of improved or occupied lots, unentered on the day fixed for the public sale, will be forfeited, unless a contest be pending thereon as hereinafter provided, and such lots will be offered at public outcry in their regular order with the other unimproved and unoccupied lots. When notified of the date fixed for the public sale, the Register and Receiver will refuse to receive or consider any such application for entry where due publication could not be had and proof made thereon prior to the date so fixed for the public sale. Entry of public land under other laws, or in other townsites, or ownership of more than 320 acres will not disqualify an appli- cant. No entry can be made of an improved lot on which the claimant does not reside, unless his or her residence lot is included in the same or a previous entry. Contests. Hearings will be allowed and conducted in accord- ance with the Rules of Practice where two or more adverse appli- cations are filed for the same lot, or where a sufficient contest or protest affidavit is filed against an application on or before the day fixed for making proof, but no purchase money will be collected from the applicants until the final determination of the case, where- upon the successful applicant will be required to pay the purchase price within thirty days from notice thereof. Public Sale. The notice of public sale will be prepared and published in the form and manner herein provided for the sale of town lots under section 2381, U. S. Rev. Stats., and the sale will be conducted in the same manner and be subject to the same restric- 240 tions, and the certificates and applications for private entry must also be issued and filed in manner and form as provided in the regulations under said section 2381. Townsites in Blackfeet and Fort Peck Indian Lands. That por- tion of the Act approved March 1, 1907 (34 Stat., 1039), relating to towusites in the Blackfeet Indian lands, and section 14 of the Act approved May 30, 1908 (35 Stat., 563), relating to townsites in the Fort Peck Indian lands, will be administered in accordance with the regulations in this circular provided for townsites in the Flathead Indian lands, except that in townsites in the Fort Peck Indian lands five lots instead of two may be awarded preference-right claimants, under the conditions and restrictions provided in said regulations for the entry of two lots. (i) IN WASHINGTON. Townsites in Colville and in Spokane Indian lands under the Acts approved March 22, 1906 (34 Stat., 82, sec. 11), and May 29. 1908 (35 Stat., 459, sec. 4), respectively, will be selected and reserved by the Secretary of the Interior, and will thereafter be surveyed, appraised, and disposed of in accordance with the regu- lations in this circular provided under section 2381, U. S. Rev. Stats. (j) IN IDAHO. Townsites in Coeur d'Alene Indian lands, under Act approved June 21, 1906 (34 Stat., 337), will be selected and reserved by the Secretary of the Interior and thereafter surveyed, appraised, and disposed of in accordance with the regulations in this circular pro- vided under section 2381, U. S. Rev. Stats. (k) IN CALIFORNIA AND ARIZONA. Townsites in Yuma and Colorado River Indian lands, under that portion of the Act approved April 30, 1908 (35 Stat., 77), relating to townsites in said lands, will be selected and reserved by the Secretary of the Interior and will be thereafter surveyed, appraised. and disposed of in accordance with the regulations in this circular provided under section 2381, U. S. Rev. Stats. (18) Townsites in Reclamation Projects. "Withdrawal, Survey, Appraisement, and Sale. Townsites in connection with irrigation projects may be withdrawn and reserved by the Secretary of the Interior under the Acts approved April 16 and June 27, 1906 (34 Stat., 116, sees. 1, 2, and 3, and 519, sec. 4), respectively, and thereafter will be surveyed into town lots with appropriate reservations for public purposes, and will be appraised and sold from time to time in accordance with the regulations in this circular provided under section 2381, U. S. Rev. Stats. See Amendment, page 391V>. The public reservations in each town shall be improved and maintained by the town authorities at the expense of the town ; and upon the organization thereof as a municipal corporation, said reservations shall be conveyed to such corporation in its corporate name, subject to the condition that they shall be used forever for public purposes. To secure such conveyances the municipality shall 241 apply through its proper officer for a patent to such reservations, and furnish proof in manner, form, and substance as required under the regulations in this circular for patents to public reserves in Oklahoma townsites under section 22 of the Act approved May 2, 1890 (26 Stat., 91). (19) Parks and Cemeteries. The right of entry under the Act approved September 30, 1890 (26 Stat., 502), is restricted to incorporated cities and towns, and each of such cities and towns shall be allowed to make entries of tracts of unreserved and unappropriated public land, by Govern- ment subdivisions, not exceeding, in all entries hereunder by such city or town, a quarter section in area, all of which must lie within three miles of the corporate limits of the city or town for which the entries are made. "Where on Unsurveyed Land. If the public surveys have not been extended over the land sought by any city or town under the provisions of said Act, it shall first be necessary for the proper corporate authority to apply to the surveyor-general of the district in which the tract in question is located for a special survey of the outboundaries of such tract. The application should describe the character of the land sought to be surveyed and, as accurately as possible, its area and geographical location. Tracts covered by such special surveys must be as nearly as practicable in square form, and entries of the same will not be allowed until after the surveys shall have been approved by the surveyor-general and accepted by the Commissioner of the General Land Office. The current appropri- ation for "surveying the public lands" being applicable to the survey of "lines of reservations," as well as to the extension of the ordinary lines of the system of public-land surveys, the cost of the surveys of all unsurveyed lands selected under the provisions of said Act of September 30, 1890, will be paid for out of said appro- priation, the same as the special surveys of the outboundaries of townsites and for like reasons (see case of Fort Pierre, 18 C. L. 0., 117), and the deputies employed by the surveyor-general to execute such special surveys will report whether the land is either mineral in character or within an organized mining district. Application and Proof. An application for the purposes indi- cated herein can only be made by the municipal authorities of' an incorporated city or town ; and in all cases the entries will be made and patents issued to the municipality in its corporate name, for the specific purpose or purposes mentioned in said Act. The land must be paid for at the Government price per acre, after proof has been furnished satisfactorily showing First Six weeks' publication of notice of intention to make entry, in the same manner as in homestead and other cases. Second. The official character and authority of the officer or officers making the entry. Third. A certificate of the officer having custody of the record of incorporation, setting forth the fact and date of incorporation of the city or town by which entry is to be made, and the extent and location of its corporate limits. Fourth. The testimony of the applicant and two published wit- nesses to the effect that the land applied for is vacant and unap- 242 propriated by any other party, and as to whether the same is either mineral in character or located within an organized mining dis- trict or within a mining region. Fifth. In case the land applied for is described by metes and bounds, as established by a special survey of the same, that the applicant and two of the published witnesses have testified from personal knowledge obtained by observation and measurements that the land to be entered is wholly within 3 miles of the corporate limits of the city or town for which entry is to be made. Certificates. Where the proof shows that the land is mineral in character, located in a mining district, or is within a region known as mineral lands, the certificate of entry shall contain the following proviso : Provided, That no title shall be hereby acquired to any mineral deposits within the limits of the above-described tract of land, all such deposits therein being reserved as the property of the United States. (20) Cemeteries. Who May Enter. Under the Act approved March 1, 1907 (34 Stat., 1052), the right to purchase public land for cemetery pur- poses is limited to religious, fraternal, and private corporations or associations, empowered to hold real estate for cemetery purposes by the laws under which they are organized. Such corporation or association shall be allowed to make but one entry of not more than eighty acres of contiguous tracts by Government subdivisions of nonniineral, unreserved, and unappropriated public land. Where on Unsurveyed Land. If the public surveys have not been extended over the land so sought to be entered, the corpora- tion or association should first apply to the proper surveyor-general for a special survey of the exterior lines of the tract desired, describing the topographical character of the land and its area and geographical location as accurately as possible. Such tracts must be as nearly as practicable in a rectangular form, and after the survey and plat thereof has been made, approved by the sur- veyor-general, accepted by this office, and filed in the local office, application may them be made for the entry of the land under said Act. The cost of such surveys will be paid out of the current appropriation for "surveying the public lands," and the deputies employed will report whether the land is mineral in character. The proof must satisfactorily show First. The filing of a notice of intention to make proof, the issuance, in manner and form so far as possible as in other cases provided, of the publication notice, to be published and posted for the time and in the manner provided by the Act of March 3, 1879 (20 Stat., 472), and the regulations thereunder. Second. The official character of the officer or officers applying on behalf of the association or corporation to make the entry, and his or their express authority to do so conferred by action of the association. Third. A copy of the record, certified by the officer having charge thereof, showing the due incorporation and organization and date thereof of the association or corporation and its location and address. The law under which it is organized and by which it 243 derives its authority to hold real estate for cemetery purposes must also be cited. Fourth. That the land applied for is nonmineral, vacant, and unappropriated public land, and the extent to which it is used for cemetery purposes, and when first so used, if it is so used, which must be shown by the testimony of the applicant and two of the advertised witnesses. Price. The land must be paid for at such price per acre as shall be determined by the Commissioner of the General Land Office, provided that in no case shall the price be less than $1.25 per acre. Entries under this Act must issue to the association or corpora- tion in its corporate name, and the granting clause in the certificate should state that the patent to be issued for the tract described is "for cemetery purposes, subject to reversion 'to the United States should the land or any part thereof be sold or cease to be used for the purpose' in said Act provided." Inasmuch, however, as the Commissioner of this office determines the amount of the purchase price under the existing conditions in each particular case, the Register and Receiver will, when proof is made to their satisfac- tion, immediately forward such proof to this office with their rec- ommendation thereon without collecting any money as the purchase price and without issuing the final papers. If this office finds the proof satisfactory, the Commissioner will fix the purchase price, and the local officers will, on being notified thereof and no objection appearing thereto in their office, notify the applicant of the amount required and allow him thirty days from service of such notice to pay such purchase price, and on receipt thereof the entry will be issued. Special order to Commissioner of June 11, 1896, is reissued as follows : In addition to cases specified in departmental order of January 29, 1896 (22 L. D., 120), you are directed to transmit for disposition as "current work" all cases involving townsite entries. In all cases classified as current work, when sending out notice of your decisions, you will inform the parties interested of that fact, and that the rules relating to filing arguments will be strictly enforced. 22 L. D., 675. Fred Dennett, Commissioner. This circular approved, August 7, 1909. Jesse E. Wilson, Acting Secretary. APPENDIX. FORMS. SCHEDULE OF APPRAISEMENT. Valuation of lots and blocks in the townsite of - , State of , appraised under Valuation. Block. Lot. Area. - Character of land. Remarks. Dollars. Cents. , 19. We, the undersigned, constituting the Board of Appraisers appointed under , to examine and appraise the surveyed and platted lots 244 described in the foregoing list and designated on the approved plat of the townsite of , do hereby certify that on the day (or days) of , 19 , we visited and examined each of said town lots; and that the valuation placed upon each lot as designated in the foregoing list is the fair, just, and full cash value thereof according to the best of our judgment. Board of Appraisers. No. - APPLICATION UNDER SECTION 2387, U. S. REV. STATS. Department of the Interior, Land Office at , , . 19. , --- , as -- , of -- County, State of - , do hereby applv to purchase, under sections 2387 to 2393, inclusive, U. S. Rev. Stats.', - -- , Sec. - , T. -- , R. -- of - - Principal Meridian, containing - acres, at the sum of $ - for the townsite of - . My post-office address is - , - . I hereby certify that the land above described contains - acres, and that the purchase price therefor is $ - . -- , Register. No. - . APPLICATION TO PURCHASE TOWN LOTS. Department of the Interior, Land Office at - , - , , -- , of - County, State of - , do hereby apply to purchase, under - , Lot - , Block No. - , in the townsite of - , - , as delineated and designated in the approved plat thereof, containing at the sum of $ - . My post-office address is I hereby certify that the land above described contains , and that the purchase price therefor is $ . , Register. No. . APPLICATION TO PREEMPT TOWN LOTS. Department of the Interior, Land Office at , , , 19-. I, , of County, State of , do hereby apply to purchase, under , lot No. , in Block No. , in the townsite of , , as delineated and designated in the approved plat thereof, con- taining , at the sum of $ , basing said application on the following facts: That I am years of age (and, if under 21 years of age, add, and the head of a family) ; that I am a native-born citizen of the United States (or have declared my intention to become a citizen of the United States) ; that my post-office address is , ; and that my settlement, the date thereof, and the value and character of my improvements on said lot are as fol- lows: . I hereby certify that the lot above described contain -- , and that the purchase price thereof is $ - . -- , Register. No. - . APPLICATION FOR PREFERENCE RIGHT OF ENTRY IN FLATHEAD INDIAN LANDS, MONTANA. Department of the Interior, Land Office at - , - I, - - , of - - County, State of -- , do hereby apply to purchase, under the Act approved June 21, 1906 (34 Stat., 354), Lot No. , 243 in Block No. , in the townsite of , , as delineated and desig- nated on the plat thereof approved by the Department of the Interior on , 19 , containing , at the appraised price of $ , basing said application on actual residence and ownership of substantial and permanent improvements on said lot as follows: . I hereby certify that the lot above described contain , and that the appraised purchase price thereof is $ . , Register. NOTICE OF INTENTION TO MAKE PEOOF. Department of the Interior, Land Office at , , , 19. -, having applied to purchase, under , the , hereby give notice of intention to make proof, to establish - - right under said law to enter the land above described, before the , at , , on , 19 , by two of the following witnesses: , of , - . of . Notice of the above application will be published in the printed at , , which I hereby designate as the newspaper published nearest the land described. , Register. NOTICE FOR PUBLICATION OF MAKING PROOF. Department of the Interior, Land Office at -, 19-. Notice is hereby given that -- , as -- , has filed notice of his intention to make proof of his right to enter, under - - , the -- , and that said proof will be made before - at - , - , on -- , 19 , and he names as his witnesses in making such proof -- , of - , - . n f _ _ , OI , n f _ _ , 01 , -- , Register. NOTICE OF PUBLIC SALE. Department of the Interior, Land Office at , , , 19. Notice is hereby given that on the day of , 19 , at -, beginning at 10 a. m. of that day and continuing thereafter from day to day as long as may be necessary, we will offer at public outcry to the high- est bidder for cash at not less than the appraised value thereof , in the townsite of , , as delineated and designated on the plat of said townsite, approved , , now on file in our office. The purchase price must be paid in cash to the receiver before the close of his office on the day the bid is accepted. All parties are warned under the penalty named in section 2373, U. S. Rev. Stats., against any combination or action tending to hinder or embarrass the sale of said lots or to prevent free competition between bidders. , Register. , Receiver. No. . CERTIFICATE OF ENTRY UXDKR SECTION 2387. Department of the Interior, Land Office at , , , 19-. I hereby certify that, in pursuance of sections 2387 to 2393, U. S. Rev. 246 Stats., , of County, State of , ha this day purchased for the sum of $ , the of section No. , in township No. , of range No. , of the Principal Meridian^ containing acres, at the rate of $ per acre for the townsite of . Now, therefore, be it known that on the presentation of this certificate to the Commissioner of the General Land Office, the said shall be entitled to receive a patent for the land above described, in trust for the several use and benefit of the occupants thereof, according to their respective interests. , Kegister. No. . CERTIFICATE OF ENTEY FOR TOWN LOTS. Department of the Interior, Land Office at , - , , 19. I hereby certify that in pursuance of of County, has this day purchased for .the sum of $ , Lot in Block No. , in the townsite of , , containing as the same delineated and designated on the plat of said townsite, approved by the Secretary of the Interior on Now, therefore, be it known, that on the presentation of this certificate to the Commissioner of the General Land Office the said purchaser shall be entitled to receive patent to said lot . , Register. No. . OKLAHOMA TOWNSITE RESERVATION CERTIFICATE. Department of the Interior, Land Office at , , 19. I hereby certify that, pursuant to the provisions of section 22 of the Act of May 2, 1890 (26 Stal., 81), and the regulations thereunder, (mayor or trustee) of the town (or city) of , in County, Oklahoma, has made application for patent to said town (or city) for in the townsite of , located on , Sec. , T. , R. , I. M., Oklahoma, reserved for said public purposes and delineated and designated on the plats of said townsite, approved by on , , said application being accom- panied by satisfactory proof of the organization of said municipality, and of said authority to make application for patent for said reservations. Now, therefore, be it known that on presentation of this certificate to the Commissioner of the General Land Office, the said town (or city) of shall be entitled to a patent for the tract (or tracts) of land above described, to be maintained for said public purposes as provided in the Act herein mentioned. , Register. [Public No. 417.] [S. 10574.] An Act to amend an act entitled "An Act providing for the withdrawal from public entry of lands needed for town-site purposes in connection with irrigation projects under the reclamation Act of June seventeenth, nineteen hundred and two, and for other purposes," approved April sixteenth, nineteen hundred and six. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section five of an Act entitled "An Act providing for the withdrawal from public entry of lands needed for town-site purposes in connection with irrigation projects under the reclama- tion Act of June seventeenth, nineteen hundred and two, and for other pur- poses," approved April sixteenth, nineteen hundred and six, be amended so as to read as follows: "Sec. 5. That whenever a development of power is necessary for the irrigation of lands, under any project undertaken under the said reclamation 247 Act, or an opportunity is afforded for the development of power under any such project, the Secretary of the Interior is authorized to lease for a period not exceeding ten years, giving^preference to municipal purposes, any surplus power or power privilege, and the money derived from such leases shall be covered into the reclamation fund and be placed to the credit of the project from which such power is derived: Provided, That no lease shall be made of such surplus power or power privileges as will impair the efficiency of the irrigation project: Provided further, That the Secretary of the Interior js authorized, in his discretion, to make such a lease in con- nection with Rio Grande project in Texas and New Mexico for a longer period not exceeding fifty years, with the approval of the water users' association or associations under any such project, organized in conformity with the rules and regulations prescribed by the Secretary of the Interior in pursuance of section six of the reclamation Act approved June seventeenth, nineteen hundred and two." Approved, February 24, 1911. REAPPRAISEMENT AND SALE OF UNSOLD LOTS IN RECLAMATION TOWN SITES. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Interior is hereby authorized, whenever he may deem it necessary, to reappraise all unsold lots within town sites on projects under the reclamation Act heretofore or hereafter appraised under the provisions of the Act approved April sixteenth, nineteen hundred and six, entitled "An Act providing for the withdrawal from public entry of lands needed for town-site purposes in connection with irrigation projects under the reclamation Act of June seven- teenth, nineteen hundred and two, and for other purposes," and the Act approved June twenty-seventh, nineteen hundred and six, entitled, "An Act providing for the subdivision of lands entered under the reclamation Act, and for other purposes;" and thereafter to proceed with the sale of such town lots in accordance with said Acts. Sec. 2. That in the sale of town lots under the provision of the said Acts of April sixteenth and June twenty-seventh, nineteen hundred and six, the Secretary of the Interior may, in his discretion, require payment for such town lots in full at time of sale or in annual installments, not exceeding five, with interest at the rate of six per centum per annum on deferred pay- ments. (Public No. 206, Approved June 11, 1910.) 248 INDEX. LAWS. Page Act February 24, 1911 Aliens may acquire town lots in Territories 223 Cemeteries" 224, 242 Mineral claims within townsites 231 Park and cemetery entries by cities and towns 241 Town sites: Additional 214 Ceded Indian land Minnesota 218 Apache, Oklahoma 216 Blackfeet, Montana 221, 240 Cheyenne Eiver, South Dakota 218 Coeur d'Alene, Idaho 222, 240 Colorado River, Arizona 222, 240 Colville, Washington ; 221, 240 Comanche, Oklahoma 216 Crow, Montana 220, 238 Flathead, Montana 220, 238 Fort Peck, Montana 221, 240 Kiowa, Oklahoma 217 Rosebud, South Dakota 218, 237 Shoshone, W'yoming 219, 237 Spokane, Washington 221 Standing Rock, North and South Dakota 218 Uintah, Utah 219, 237 Walker River, Nevada 219, 237 Wichita, Oklahoma 217 Wind River, Wyoming 219 Yuma, California and Arizona 222, 240 Commuted homestead 217 County seat 211 Entered by corporate authorities or county judges 213, 229 Platted by occupants 226 Public reserves in 236 Public reserves in vacated, how disposed of 236 Reclamation project 240 Reserved by President 211, 224 Vacated in Oklahoma 236 REGULATIONS. Acts of Congress. (See Index to laws.) Additional townsites 214 Adjustment. (See Survey.) Appraisement of lots: Ceded Indian lands 233, 240 Flathead Indian lands 233 Reclamation projects 240 Reappraisement Area limited: Additional townsites 214 Cemeteries 224, 242 County seats .*. 224 249 Page Area Limited Continued. Entries by judges or corporate authorities 229 Lots in townsites platted by occupants 226 Parks and cemeteries 223, 241 Reclamation project townsites 240 Townsites platted by occupants 226 Cemeteries: Entries by incorporated cities and towns 241 Entries by private corporations or associations 241 Combinations in restraint of sale 225 Commutation of homesteads for townsites 236 Contests and protests: Involving commutation of homesteads for townsites 235 Involving lots in Flathead lands 236 Involving lots in townsites platted by occupants 228 County-seat townsites, how entered 224 Declaratory statement. (See Entry of townsites.) Entry of cemeteries 241 Entry of parks and cemeteries 241 Entry of town lots within: Ceded Indian lands 233 Flathead lands 238 Reclamation projects 222 Reserved by President 224 Townsites platted by occupants 227 Entry of townsites: Additional 231 By corporate authorities or county judges 229 Commutation of homesteads for 236 County seat 224 Declaratory statement initiates 229 Issued only after proof approved by General Land Office 231 Oklahoma ceded.Indian lands 216 Forfeitures : Bids at public sale 225 ^ Preemption right of entry 228 Preference right of entry 239 Forms: Appraisement schedule 243 Application for preference of entry in Flathead lands 244 Application to preempt town lots 244 Application to purchase town lots 244 Application under section 2387, Revised Statutes 244 Certificate of entry for town lots 246 Certificate of entry under section 2387 245 Notice for publication of making proof 245 Notice of intention to make proof 245 Notice of public sale 245 Oklahoma townsite reservation certificate 246 Hearings. (See Contest.) Homesteads. (See Commutation.) Indian lands: Blackf eet, Montana 240 Cheyenne River, South Dakota 237 Coeur d 'Alene, Idaho 240 Colorado River, Arizona 240 Colville, Washington 240 Crow, Montana 238 Flathead, Montana 238 Fort Peck, Montana Minnesota ceded 237 Rosebud, South Dakota 237 Shoshone, Wyoming 238 Spokane, Washington 239 Standing Rock, North and South Dakota 237 Tintah, Utah 237 Walker River, Nevada 237 250 Page Indian Lands Continued. Wind Kiver, Wyoming 238 Yuma, California and Arizona 240 Isolated tracts, public reserves sold as 236 Laws. (See Index to laws.) Millsites 230, 232 Mineral claims 230, 232 Parks: Entry by city or town 241 Lots or blocks reserved for 225, 236, 240 Proof required in entries of: Additional townsites 214 Cemeteries 224, 242 County seats 224 Homesteads commuted for townsites 236 Lots in reclamation projects 222 Lots in townsites platted by occupants 228 Lots under preference right 238 Parks and cemeteries 241 Public reserves 236, 240 Townsites by corporate authorities or county judges 229 Proof of claim to proceeds of sale of commuted homesteads 235 Practice. (See Contests.) Order classifying townsites as current work 243 Protest. (See Contests.) Purchase price of: Cemeteries 224, 242 County seats 224 Homesteads commuted to townsites 235 Homesteads commuted to townsites, disposition of 235 Lots in Flathead lands 236 Lots in Indian lands 236, 240 Lots in townsites in reclamation projects 240 Lots in townsites platted by occupants 228 Lots in townsites reserved by President 225 On change of townsite entry 232 Parks and cemeteries 241* Public reserves in vacated townsites 236 Townsites entered by corporate authorities or county judges 229 Townsites in Oklahoma 216 Railroad rights of way and station grounds: Must be delineated on plats 228, 236 Subject to prior adverse rights 229, 231 Reservations: Ceded Indian lands 216, 240 Oklahoma townsites, how entered 236 Oklahoma townsites, how platted 236 Oklahoma vacated townsites, how disposed of 236 Public use in townsites reserved by President 225 United States use 211, 229 Settlement for townsite purposes segregates land 229 Survey of townsites: Adjustment to township survey 228 Ceded Indian lands 236, 240 Commuted homesteads 235 Department may make, when occupants fail 228 Flathead lands 238 Occupants may make 226 Reclamation project 240 Reserved by President 224 Reservations in Oklahoma, must be shown by plat 236 Surveyor-General to be notified 228 Unsurveyed public land 229, 241, 242 Unsurveyed land. (See Survey.) Vacated townsites, disposal of public reserves in 236 251 INDEX TO CONTENTS. (A) Statutes. (B) Limitation of time. (C) Appropriations. (D) Amendments, New Mexico and Arizona. (E) Ute Indians in Colorado. 1. Eegulations. 2. Land selected. 3. Contract and agreement. 4. Map and tracing. 5. Affidavit to map or tracing. 6. Contract form prescribed. 7. Lits, how to be prepared. 8. Canals and reservoirs. 9. Approval of maps. 10. Patents. 11. Certificates. 12. Affidavit of compliance. 13. Lists, what called. 14. Officers to act on filing of lists. 15. Publication of lists. 16. Payment of fees. 17. Price of land. 18. Action by General Land Office. Forms pages 259 to 262 inclusive. Withdrawals and supplemental regulations, page 263. Kegulation 1. Provisions of the amendatory Act. Eegulation 2. How to establish benefits. Kegulation 3. Affidavit of personal examination. 4. Lists when land in more than one district. 5. Kecord notations by register. 6. Action within three months. 7. Withdrawn land above projects. 8. Prosecution of work. 9. One year period. Forms B, C. D. Extension of time, supplemental regulations. 1. Destruction of dams, etc. 2. Inability to complete. 3. Error or misjudgment. 4. Financial failure. 5. Other reasons. 6. Carey Act legislation. 7. Wyoming. 8. Idaho. See Extension of Time. 252 GENERAL LAND OFFICE REGULATIONS CONCERNING THE SELECTION OF DESERT LANDS BY CERTAIN STATES AND TERRITORIES UNDER THE ACT OF CONGRESS APPROVED AUGUST 18, 1894, WITH AMENDMENTS, AND THE MAKING OF FINAL PROOF FOR DESERT LANDS SEGREGATED THEREUNDER. APPROVED APRIL 9, 1909. STATUTES. (A) Section 4 of the Act of August 18, 1894, entitled "An Act making appropriations for sundry civil expenses of the Government for the fiscal year ending June 30, 1895, and for other purposes" (28 Stat., 372-422), authorizes the Secretary of the Interior, with the approval of the President, to contract and agree to patent to the States of Washington, Oregon, California, Nevada, Idaho, Mon- tana, "Wyoming, Colorado, North Dakota, South Dakota, and Utah, or any other States, as provided in the Act, in which may be found desert lands, not to exceed 1,000,000 acres of such lands to each State, under certain conditions. The text of the Act is as follows : Sec. 4. That to aid the public-land States in the reclamation of the desert lands therein, and the settlement, cultivation, and sale thereof in small tracts to actual settlers, the Secretary of the Interior, with the approval of the Presi- dent, be, and hereby is, authorized and empowered, upon proper application of the State, to contract and agree, from time to time, w r ith each of the States in which there may be situated desert lands as defined by the Act entitled "An Act to provide for the sale of desert land in certain States and Territories," approved March third, eighteen hundred and seventy-seven, and the Act amendatory thereof, approved March third, eighteen hundred and ninety-one, binding the United States to donate, grant, and patent to the State free of cost for survey or price such desert lands, not exceeding one million acres in each State, as the State may cause to be irrigated, reclaimed, occupied, and not less than twenty acres of each one hundred and sixty-acre tract cultivated by actual settlers, within ten years next after the passage of this Act, as thor- oughly as is required of citizens who may enter under the said desert-land law. Before the application of any State is allowed or anv contract or agree- ment is executed or any segregation of any of the land from the public domain is ordered by the Secretary of the Interior, the State shall file a map of the said land proposed to be irrigated, which shall exhibit a plan showing the mode of the contemplated irrigation and which plan shall be sufficient to thoroughly irrigate and reclaim said land and prepare it to raise ordinary agricultural crops and shall also show the source of the water to be used for irrigation and reclamation, and the Secretary of the Interior may make neces- sary regulations for the reservation of the lands applied for by the States to date from the date of the filing of the map and plan of irrigation, but such reservation shall be of no force whatever if such map and plan of irrigation shall not be approved. That any State contracting under this section is hereby authorized to make all necessary contracts to cause the said lands to be reclaimed, and to induce their settlement and cultivation in accordance with and subject to the provisions of this section; but the State shall not be author- ized to lease any of said lands or to use or dispose of the same in any way whatever, except to secure their reclamation, cultivation, and settlement. As fast as any State may furnish satisfactory proof, according to such rules and regulations as may be prescribed by the Secretary of the Interior, that any of said lands are irrigated, reclaimed, and occupied by actual settlers, patents shall be issued to the State or its assigns for said lands so reclaimed and settled: Provided, That said States shall not sell or dispose of more than one hundred and sixty acres of said lands to any one person, and any surplus of money derived by any State from the sale of said lands in excess of tho cost of their reclamation, shall be held as a trust fund for and be applied to the reclamation of other desert lands in such State. That to enable the Sec- retary of the Interior to examine any of the lands that may be selected under 253 the provisions of this section, there is hereby appropriated out of any moneys in the Treasury not otherwise appropriated one thousand dollars. In the Act making appropriations for sundry civil expenses of the Government for the fiscal year ending June 30, 1897, and for other purposes, approved June 11, 1896 (29 Stat., 413-434), there is, under the head of appropriation for ''Surveying public lands," the following provision : That under any law heretofore or hereafter enacted by any State providing for the reclamation of arid lands, in pursuance and acceptance of the terms of the grant made in section four of an Act entitled "An Act making appro- priations for the sundry civil expenses of the Government for the fiscal year ending June thirtieth, eighteen hundred and ninety-five," approved August eighteenth, eighteen hundred and ninety-four, a lien or liens is hereby author- ized to be created by the State to which such lands are granted and by no other authority whatever, and when created shall be valid on and against the sep- arate legal subdivisions of land reclaimed, for the actual cost and necessary expenses of reclamation and reasonable interest thereon from the date of reclamation until disposed of to actual settlers; and when an ample supply of water is actually furnished in a substantial ditch or canal, or by artesian wells or reservoirs, to reclaim a particular tract or tracts of such lands, then patents shall issue for the same to such State without regard to settlement or cultiva- tion: Provided, That in no event, in no contingency, and under no circum- stances shall the United States be in any manner directly or indirectly liable for any amount of any such lien or liability, in whole or in part. (B) The limitation of time in the above-quoted section 4 was modified by section 3 of the Act entitled "An Act making appro- priations for sundry civil expenses of the Government for the fiscal year ending June 30, 1902, and for other purposes," approved March 3, 1901 (31 Stat., 1133-1188), which provides as follows: Sec. 3. That section four of the Act of August eighteenth, eighteen hundred and ninety-four, entitled "An Act making appropriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, eighteen hundred and ninety-fire, and for other purposes," is hereby amended so that the ten years' period within which any State shall cause the lands applied for under said Act to be irrigated and reclaimed, as provided in said section as amended by the Act of June eleventh, eighteen hundred and ninety-six, shall begin to run from date of approval by the Secretary of the Interior of the State's application for the segregation of such lands; and if the State fails within said ten years to cause the whole or any part of the lands so segregated to be so irrigated and reclaimed, the Secretary of the Interior may, in his discretion, continue said segregation for a period of not "exceeding five years, or may, in his discretion, restore such lands to the public domain. By the Act of March 1, 1907 (34 Stat., 1057), the provisions of the foregoing Acts were extended to the desert lands within the former Southern Ute Indian Reservation in Colorado. Said Act is as follows: Be- it enacted .by. thg Senate and House ,pf Representatives of the United States of America in Congress assembled, That the provisions of section four of "An Act making appropriations for sundry civil expenses of the Govern- ment for the fiscal year ending June thirtieth, eighteen hundred and ninety- five, and for other purposes," approved August eighteenth, eighteen hundred and ninety-four, and the acts amendatory thereof, approved June eleventh, eighteen hundred and ninety-six, and March third, nineteen hundred and one, respectively be, and are hereby, extended over and shall apply to the desert lands included within the limits of the former Southern Ute Indian Reserva- tion in Colorado not included in any forest reservation: Provided, That before a patent shall issue for any of the lands aforesaid under the terms of the said act approved August eighteenth, eighteen hundred and ninety-four, and amendments thereto, the State of Colorado shall pay into the Treasury 254 of the United States the sum of one dollar and twenty-five cents per acre for the lands so patented, and the money so paid shall be subject to the provisions of section three of the Act of June fifteenth, eighteen hundred and eighty, entitled "An Act to accept and ratify the agreements submitted by the confederated bands of Ute Indians in Colorado for the sale of theii reservation in said State, and for other purposes, and to make the necessary appropriation for carrying out same. ' ' Sec. 2. That no lands shall be included in any tract to be segregated under the provisions of this Act on which the United States Government has valuable improvements or which have been reserved for Indian schools or farm purposes. (C) In the Act making appropriations for sundry civil expenses of the Government for the fiscal year ending June 30, 1909, and for other purposes, approved May 27, 1908 (35 Stat., 317-347), there is under the head of "Arid lands in Idaho and Wyoming," the fol- lowing provision: That an additional one million acres of arid lands within each of the States of Idaho and Wyoming be made available and subject to the terms of section four of an Act of Congress entitled ' ' An Act making appropriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, eighteen hundred and ninety-five, and for other purposes," approved August eighteenth, eighteen hundred and ninety-four, and by amendments thereto, and that the States of Idaho and Wyoming be allowed under the provisions of said Acts said additional area or so much thereof as may be necessary for the purposes and under the provisions of said Acts. (D) The Act of February 18, 1909 (Public, No. 244), extending the provisions of section 4, Act of August 18, 1894, supra, and the amendments thereof, to the Territories of New Mexico and Arizona, reads as follows: Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all the provisions of section four of the Act of Congress approved August eighteenth, eighteen hundred and ninety-four, being chapter three hundred and one to Supplement to Revised Statutes of the United States, entitled "An Act making appropriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, eighteen hundred and ninety-five, and for other purposes," and the amendments thereto be, and the same are hereby, extended to the Territories of New Mexico and Arizona, and that said Territories upon complying with the provisions of said Act shall be entitled to have and receive all of the benefits therein conferred upon the States. Sec. 2. That this Act shall be in full force and effect from and after its passage. (E) The provisions of said section 4, Act of August 18, 1894, and the amendments thereof, were also extended to the desert lands within the former Ute Indian Keservation in Colorado, by the Act of February 24, 1909 (Public, No. 255). The text of which is as follows : Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the provision of section four of "An Act making appropriation for sundry civil expenses of the Govern- ment for the fiscal year ending June thirtieth, eighteen hundred and ninety- five, and for other purposes, ' ' approved August eighteenth, eighteen hundred and ninety-four, and the amendments thereof, approved June eleventh, eighteen hundred and ninety-six, and March third, nineteen hundred and one, respec- tively, be, and are" hereby, extended over and shall apply to the desert lands within the limits of all that portion of the former Ute Indian Reservation, not included in any national forest, in the State of Colorado, described and embraced in the Act entitled "An Act relating to lands in Colorado lately occupied by the Uncompahgre and White River Ute Indians," approved July 255 twenty-eighth, eighteen hundred and eighty- two: Provided, That before a patent shall issue for any of the lands aforesaid under the terms of the Act approved August eighteenth, eighteen hundred and ninety-four, and amendments thereto, the State of Colorado shall pay into the Treasury of the United .States the sum of one dollar and twenty-five cents per acre for the lands so patented, and the money so paid shall be subject to the provisions of section three' of the Act of June fifteenth, eighteen hundred and eighty, entitled, "An Act to accept and ratify the agreements submitted by the confederated bands of Ute Indians in Colorado for the sale of their reserva- tion in said State, and for other purposes, and to make the necessary appro- priation for carrying out same." Sec. 2. That no lands shall be included in any tract to be segregated under the provisions of this Act on which the United States Government has valuable improvements, or which have been reserved for any Indian schools or farm purposes. REGULATIONS. 1. Under the provisions of the Acts quoted the States and Ter- ritories are allowed ten years from the date of the approval of the application for the segregation of the land by the Secretary of the Interior, in which to irrigate and reclaim them. The Secretary of the Interior may, however, in his discretion, extend the time for irrigating and reclaiming the lands for a period of five years, or he may restore to the public domain the lands not reclaimed at the expiration of the ten years, or of the extended period. 2. The lands selected under these Acts must all be desert lands as defined by the Acts of 1877 and 1891, and the decisions and regulations of this department therein provided for. Lands which produce native grasses sufficient in quantity, if unfed by grazing animals, to make an ordinary crop of hay in usual seasons, are not desert lands. Lands which will produce an agricultural crop of any kind in amount sufficient to make the culti- vation reasonably remunerative are not desert. Lands containing sufficient moisture to produce a natural growth of trees are not to be classed as desert lands. Lands occupied by bona fide settlers and lands containing val- uable deposits of coal or other minerals are not subject to selection. 3. The second paragraph of section 4, before quoted, provides that before the application of any State is allowed or any contract or agreement is executed or any segregation of any of the land from the public domain is ordered by the Secretary of the Interior, the State shall file a map of the land selected and proposed to be irrigated, which shall exhibit a plan showing the mode of contem- plated irrigation and the source of the water. In accordance with the requirements of the Act, the State must give full data to show that the proposed plan will be sufficient to thoroughly irrigate and reclaim the land and prepare it to raise ordinary agricultural crops ; for which purpose a statement by the state engineer of the amount of water available for the plan of irrigation will be necessary. The other data required can not be fully prescribed, as it w T ill depend upon the nature of the plan submitted. All information necessary to enable this office to judge of its practicability for irrigating all the land selected must be submitted. Upon filing of the map showing the plan of irrigation, and the lands selected, such lands will be withheld from other disposition until final action is had thereon by the Secretary of the Interior. If such final action be a disapproval of the map and plan, the lands selected shall, without further order, be subject to disposition as if such reservation had 256 never been made; and the local officers will make the appropriate notations on the tract books and plat books, opposite those pre- viously made, in accordance with the requirements of paragraph 7. 4. The map must be on tracing linen, in duplicate, and must be drawn to a scale not greater than 1,000 feet to 1 inch. A smaller scale is desirable, if the necessary information can be clearly shown. The map and field notes in duplicate must be filed in the local laud office for the district in which the land is located. If the lands selected are located in more than one district, duplicate map and field notes need be filed in but one district and single sets in the others. Each legal subdivision of the land selected should be clearly indicated on the map by a check mark, thus: V- The map and field notes must show the connections of termini of a canal or of the initial point of a reservoir with public survey corners, the connec- tions with public survey corners wherever section or township lines are crossed by the proposed irrigation works, and must show full data to admit of retracing the lines of the survey of the irrigation works on the ground. 5. The map should bear an affidavit of the engineer who made or supervised the preparation of the map and plan, Form 1, page 11, and also of the officer authorized by the State to make its selections under the Act, Form 2, page 11. The map should be accompanied by a list in triplicate of the lands selected, designated by legal sub- divisions, properly summed up at the foot of each page, and at the end of the list. If the lands selected are located in more than one district, a list in triplicate must be filed in each office, describing the lands selected in that district. Clear carbon copies are pre- ferred for the duplicate and triplicate lists. The lists should be dated and verified by a certificate of the selecting agent, Form 3, page 12. The party appearing as agent of the State must file with the Register and Receiver written and satisfactory evidence, under seal, of his authority to act in the premises; such evidence once filed need not be duplicated during the period for which the agent was appointed. The State should number the lists in consecutive order, beginning with No. 1, regardless of the land office in which they are to be filed. Form of title page to be prefixed to the lists of selections will be found on page 12, marked "A." Lists received at this office containing erasures will not be filed, but will be returned in order that new ones may be prepared. When a town- ship has not been subdivided, but has had its exteriors surveyed, the whole township may be designated, omitting, however, the sec- tions to which the State may be entitled under its grant of school lands. When the records are in such condition that the proper notations may be made, a section or part of a section of unsurveyed land may be designated in the list; but no patent can issue thereon until the land has been surveyed. 6. A contract in the form herein prescribed (Form 5, p. 13), in duplicate, signed by the state officer authorized to execute such con- tract, must also be filed. A carbon copy of the contract will not be accepted.* The person who executes the contract on behalf of the State must furnish evidence of his authority to do so. *Printed copies of the contract, in which the list of lands can be in- serted, will be furnished to the State, or to parties dealing with it, on appli- cation to the General Land Office. 257 7. The lists must be carefully and critically examined by the Register and Receiver, and their accuracy tested by the plats and records of their office. When so examined and found correct in all respects, they will attach a certificate at the foot of each list (Form 4, page 12). The Register must note on the map, lists, contracts, and all papers the name of the land office and the date of filing over his written signature and will thereupon post the selections in ink in the tract book after the following manner: "Selected , 19 , by , the State , as desert land, Act of August 18, 1894, serial No. - ," and on the plats he will mark the tracts so selected "State desert land selection." After the selec- tions are properly posted and marked on the records, the lists, maps, and all papers will be transmitted to the General Land Office. For rejected selections a new list will be required, upon which the Register will note opposite each tract the objections appearing on the records and indorse thereon his reasons in full for refusing to certify the same. The State will be allowed to appeal in the manner provided for in the Rules of Practice. It is required that clear lists of approvals shall in every case be made out by the select- ing agents, if after the above examination one or more tracts have been rejected, showing clearly and without erasure the tracts to which the Register is prepared to certify. On the map of lands selected the Register will mark rejected such tracts as he has rejected on the lists. 8. When the canals or reservoirs required by the plan of irri- gation cross public land not selected by the State, an application for right of way over such lands under sections 18 to 21, Act of March 3, 1891 (26 Stat., 1085), should be filed separately, in accord- ance with the regulations under said Act. 9. In the preceding paragraphs instructions are given for the designation of the lands by the proper State authorities. Upon the approval of the map of the lands and the plan of irrigation, the contract is executed by the Secretary of the Interior and approved by the President, as directed by the Act. Upon the approval of the map and plan, the lands are reserved for the purposes of the Act, said reservation dating from the date of the filing of the map and plan in the local land office. A duplicate of the approved map and plan, and of the list of lands, is transmitted for the files of the local land office, and a triplicate copy of the list is forwarded to the State authorities. 10. When patents are desired for any lands that have been segregated, the State should file in the local land office a list, to which is prefixed a certificate of the presiding officer of the State land board, or other officer of the State who may be charged with the duty of disposing of the lands w r hich the State may obtain under the law (Form 6, page 14) ; and followed by an affidavit of the State engineer, or other State officer whose duty it may be to superintend the reclamation of the lands (Form 7, page 15). 11. The certificate of Form 6 is required in order to show that the State laws accepting the grant of the lands have been duly complied with. 12. The affidavit of Form 7 is required in order to show com- pliance with the provisions of the law, that an ample supply of water 258 has been actually furnished in a substantial ditch or canal, or by artesian wells or reservoirs, for each tract in the list, sufficient to thoroughly irrigate and reclaim it, and to prepare it to raise ordi- nary agricultural crops. A separate statement by the State engi- neer must be furnished, giving all the facts as to the water supply and the nature, location, and completion of the irrigation works. If there are some high points which it is not practicable to irri- gate, the nature, extent, location, and area of such points should be fully stated. If no part of a legal subdivision is susceptible of irrigation, such legal subdivision must be relinquished. Lands upon which valuable deposits of coal or other minerals are discov- ered will not be patented to the State under these Acts. 13. These lists will be called "lists for patent," and should be numbered by the State consecutively, beginning with No. 1. The list should also show, opposite each tract, the number of the ap- proved segregation list in which it appears. The aggregate area should be stated at the foot of each page and at the end of the list. 14. Upon the filing of such list the local officers will place thereon the date of filing and note on the records opposite each tract listed: "List for patent serial No. , filed ," giving the date. 15. "When said list is filed in the local land office there shall also be filed by the State a notice, in duplicate, prepared for the signature of the register and receiver, describing the land by sections, and portions of sections, where less than a section is designated (Form 8, p. 15). This notice shall be published at the expense of the State once a week in each of nine consecutive weeks, in a newspaper of established character and general circulation, to be designated by the Register as published nearest the land. One copy of said notice shall be posted in a conspicuous place in the local office for at least sixty days during the period of publication. 16. At the expiration of the period of publication the State shall file in the local office proof of said publication and of payment for the same. Thereupon the Register and Receiver shall forward the list for patent to the General Land Office, noting thereon any protests or contests which may have been filed, transmitting such papers, and submitting any recommendations they may deem proper. They will also forward proofs of publication, of payment therefor, and of the posting of the list in their office. 17. Before patents are issued for lands within the former Southern Ute and the Ute Indian Reservations in Colorado, the State will be required to pay the price ($1.25 per acre) fixed by the Acts of March 1, 1907, and February 24, 1909. The State will be advised of the number of acres which will be included in the patent and payment shall be made to the Receiver of the proper land office, who will issue a receipt as in other cases. The money will be accounted for in the same manner as other monej^s received from the disposal of such lands. 18. Upon the receipt of the papers in the General Land Office such action will be taken in each case as the showing may require, and all tracts that are free from valid protest or contest, and respecting which the law and regulations have been complied with, 259 will be certified to the Secretary of the Interior for approval and patenting. Fred Dennett, Commissioner, General Land Office. Approved April 9, 1909. R. A. Ballinger, Secretary of the Interior. FORM 1. State of , County of , ss: , being duly sworn^ says he is the engineer under whose supervision the survey and plan hereon were made (or is the person em- ployed to make, etc.); that the tracts shown hereon to be selected are each and every one desert land as contemplated by the Act of Congress approved August 18, 1894 (28 Stat., 372-422), the Act of June 11, 1896 (29 Stat., 434); and the Act of March 3, 1901 (31 Stat., 1133-1188);* that he is well acquainted with the character of the land herein applied for, having personally examined same; that there is not to his knowledge within the limits thereof any vein or lode or quartz or other rock in place bearing gold, silver, cinnabar, lead, tin, or copper, nor any deposit of coal, placer, cement, gravel, salt spring, or deposit of salt, nor other valuable mineral deposit; that no portion of said land is claimed for mining purposes under the local customs or rules of miners, or otherwise; that no portion of said land is worked for mineral during any part of the year by any person or persons; that said land is essentially non- mineral land, and that the land is not occupied by any settler; that the plan of irrigation herewith submitted is accurately and fully represented in ac- cordance with ascertained facts; that the system proposed is sufficient to thoroughly irrigate and reclaim said land and prepare it to raise ordinary crops; and that the survey of said system of irrigation is accurately repre- sented upon this map and the accompanying field notes. Subscribed and sworn to before me this day of , 19 . [Seal.] , Notary Public. FORM 2. State of , County of being duly sworn, says that he is the (designation of office) authorized by the State of 'to make desert-land selections under the Act of Congress approved August 18, 1894 (28 Stat., 372-422), the Act of June 11, 1896 (29 Stat., 434), and the Act of March 3, 1901 (31 Stat., 1133-1188);* that the plan of irrigation and survey herewith is submitted under authority of the State of ; and that the tracts shown hereon to be selected are each and every one desert land, as contemplated by the said Act of Congress, none being of the classes designated as timber or mineral lands. Subscribed and sworn to before me this day of , 19 . [Seal.] , Notary Public. *The States of Idaho and Wyoming must insert here a reference to the Act of May 27, 1908 (35 Stat., 317-347). The State of Colorado must insert here a reference to the Act of March 1, 1907 (34 Stat., 1057), when the lands are within the former Southern Ute Indian Reservation, and to the Act of February 24, 1909 (Public No. 255), whe the lands are within the former Ute Indian Reservation. A. State of -* , United States Land Office, , 19-. -, the duly authorized agent of the State of , under 260 and by virtue of an Act of Congress approved August 18, 1894 (28 Stat., 372-422), the Act of June 11, 1S96 (29 Stat., 434), and the Act of March 3, 1901 (31 Stat., 1133-1188),* and in pursuance of the rules and regulations pre- scribed by the Secretary of the Interior, hereby makes and files the follow- ing list of desert public lands which the State is authorized to select under the provisions of the said Acts of Congress: FORM 3. State of , County of I, , being duly sworn depose and say that I am (desig- nation of office) authorized by the State of to make desert-land selec- tions under the Act of Congress approved August 18, 1894 (28 Stat., 372-422), the Act of June 11, 1896 (29 Stat., 434), and the Act of March 3, 1901 (31 Stat., 1133-1188);* that the foregoing list of lands which I hereby select is a correct list of lands selected under said Acts; that the lands are vacant, unappropriated, are not interdicted timber nor mineral lands, and are desert lands as contemplated by the said Acts of Congress. Subscribed and sworn to before me this day of 19 . [Seal.] _, Notary Public. FORM 4. United States Land Office, , 19. We hereby certify that we have carefully and critically examined the foregoing list of lands selected , 19 , by , the duly authorized agent of the State of , under the provisions of the Act of Congress approved August 18, 1894 (28 Stat., 372-422), the Act of June 11, 1896 (29 Stat., 434), and the Act of March 3, 1901 (31 Stat., 1133-1188);* that *See footnotes under Forms 1 and 2. we have tested the accuracy of said list by the plats and records of this office, and that we find the same to be correct. And we further certify that the filing of said list is allowed and approved, and that the whole of said lands are surveyed public lands of the United States, and that the same are not nor is any part thereof returned and denominated as mineral or timber lands; nor is there any homestead or other valid claim to any portion of said lands on file or of record in this office; and that the said lands are, to the best of our knowledge and belief, desert lands, as contemplated by the said Acts of Congress; and that the fees, amounting to $ , have been paid upon the said area of acres. , Register. , Receiver. FORM 5, These articles of agreement, made and entered into this * day of A. D. 19 ,* by and between - ,* Secretary of the In- terior, for and on behalf of the United States of America, party of the first part, and , for and on behalf of the State of , party of the second part, witnesseth: That in consideration of the stipulations and agreements hereinafter made, and of the fact that said State has, under the provisions of section 4 of the Act of Congress approved August 18, 1894, of the Act of Congress approved June 11, 1896, and of the Act of Congress approved March 3, 1901,f through , its proper officer, thereunto duly authorized, presented its proper application for certain lands situated within said State and alleged to be desert in character and particularly described as follows, to wit: List No. (here insert list of lands and total area), and has filed a map of said lands and exhibited a plan showing the mode by which it is proposed that said lands shall be irrigated and reclaimed and the source of the water to be used for that purpose, the said party of the first part contracts and agrees, and, by and with the consent and approval of ,* President thereof, here- by binds the United States of America to donate, grant and patent to said State, or to its assigns, free from cost for survey or price,t any particular tract or tracts of said lands, whenever an ample supply of water is actually furnished in a substantial ditch or canal, or by artesian wells or reservoirs, to reclaim the same, in accordance with the provisions of said Acts of Congress, and with the regulations issued thereunder, and with the terms of this contract, at any time within te/i years from the date of the ap- proval of the said map of the lands. It is further understood that said State shall not lease any of said lands or use or dispose of the same in any way whatever, except to secure their reclamation, cultivation, and settlement; and that in selling and disposing of them for that purpose the said State may sell or dispose of not more than 160 acres to any one person, and then only to bona fide settlers who are citizens of the United States or who have declared their intention to become such citizens; and it is distinctly understood and fully agreed that all persons acquiring title to said lands from said State prior to the issuance of patent, as hereinafter mentioned, will take the same subject to all the requirements of said Acts of Congress and to the terms of this contract, and shall show full compliance therewith before they shall have any claim against the United States for a patent to said lands. It is further understood and agreed that said State shall have full power, right, and authority to enact such laws, and from time to time to make and enter into such contracts and agreements, and to create and assume such obligations in relation to and concerning said lands as may be necessary to induce and cause such irrigation and reclamation thereof as is required by this contract and the said Acts of Congress; but no such law, contract, or obliga- tion shall in any way bind or obligate the United States to do or perform any act not clearly directed and set forth in this contract and said Acts of Congress, and then only after the requirements of said Acts and contract have been fully complied with. Neither the approval of said application, map, and plan, nor the segrega- tion of said land by the Secretary of the Interior, nor anything in this con- tract, or in the said Acts of Congress, shall be so construed as to give said State any interest whatever in any lands upon which, at the date of the filing of the map and plan hereinbefore referred to, there may be an actual settlement by a bona fide settler, qualified under the public land laws to ac- quire title thereto, or which are known to be valuable for their deposits of coal or other minerals. It is further understood and agreed that as soon as an ample supply of water is actually furnished in a substantial ditch or canal, or by artesian wells or reservoirs, to reclaim a particular tract or tracts of said lands the said State or its assigns may make proof thereof under and according to such rules and regulations as may be prescribed therefor by the Secretary of the In- terior, and as soon as such proof shall have been examined and found to be satisfactory patents shall issue to said State, or to its assigns, for the tracts included in said proof. The said State shall, out of the money arising from its disposal of said lands, first reimburse itself for any and all costs and expenditures incurred by it in irrigating and reclaiming said lands, or in assisting its assigns in so doing; and any surplus then remaining after the payment of the cost of such reclamation shall be held as a trust fund, to be applied to the reclamation of other desert lands within said State. This contract is executed in duplicate, one copy of which shall be placed of record and remain on file with the Commissioner of the General Land Office, and the other shall be placed of record and remain on file with the proper officer of said State, and it shall be the duty of said State to cause a copy thereof, together with a copy of all rules and regulations issued there- under or under said acts of Congress, to be spread upon the deed records of each of the counties in said State in which any of said lands shall be situated. *These blanks should be left vacant by the state agent. iThe words "or price" must be eliminated before the contract is signed on behalf of the State of Colorado when the lands involved are within the former Southern Ute or Ute Indian reservations. 262 In testimony whereof the said parties have hereunto set their hands the day and year first herein written. Secretary of the Interior. State of . By . APPEOVAL. To all to whom these presents shall come, greeting: Know ye, that I, ,* President of the United States of America, do hereby approve and ratify the attached contract and agreement, made and entered into on the * day of - ,* 19 ,* by and between ,* Secretary of the Interior, for and on behalf of the United States, and - , for and on behalf of the State of , under section 4 of the Act of Congress approved August 18, 1894, the Act approved June 11, 1896, and the Act approved March 3, 1901. f. FORMS FOB VERIFICATION AND PUBLICATION OF LISTS FOR PATENT FORM 6. I, , do hereby certify that I am the , (desig- nation of office) of the State of - ; that I am charged with the duty of disposing of the lands granted to the State in pursuance of section 4, Act of August 18, 1894 (28 Stat., 372-422), the Act of June 11, 1896 (29 Stat., 434), and Act of March 3, 1901 (31 Stat., 1133-1188), t and that the laws of the said State relating to the said grant from the United States have been complied with in all respects as to the following list of lands, which is hereby submitted on behalf of the said State for the issuance of patent under said acts of Congress. [Here add list of lands.] State of FORM 7. To follow list of lands. County of being duly sworn, deposes and says that he is the > (designation of office) of the State of , charged with the duty of supervising the reclamation of lands segregated under section 4, Act of August 18,1894 (28 Stat., 372-422), the Act of June 11,1896 (29 Stat., 434), and the Act of March 3, 1901 (31 Stat., 1133-1188), t that he has examined the lands designated on the foregoing list, and that an ample supply of water has been actually furnished (in a substantial ditch or canal, or by artesian wells or reservoirs) for each tract in said list, sufficient to thoroughly irrigate and reclaim it, and to prepare it to raise ordinary agricultural crops. Subscribed and sworn to before me this day of - , 19 . [Seal.] , Notary Public. FORM 8. Form for published notice. United States Land Office, To whom it may concern: Notice is hereby given that the State of - has filed in this office the following list of lands, to wit, - - , and has applied for a patent for said lands under the Acts of August 18, 1894 (28 Stat., 372-422), June 11, 1896 (29 Stat., 434), and March 3, 1901 (31 Stat., 1133-1188), t relating to the granting of not to exceed a million acrest of arid land to each of certain States; and *These blanks should be left vacant by the state agent. fSee footnotes under Forms 1 and 2. Jin the cases of Idaho and Wyoming 2,000,000 acres. 263 that the said list, with its accompanying proofs, is open for the inspection of all persons interested, and the public generally. Within the next sixty days following the date of this notice, protests or contests against the claim of the State to any tract described in the list, on the ground of failure to comply with the law, on the ground of the non- desert character of the land, on the ground of a prior adverse right, or on the ground that the same is more valuable for mineral than for agricultural purposes, will be received and noted for report to the General Land Office at Washington, D. C. , Register. , Eeceiver. SELECTIONS UNDER CAREY ACT WITHDRAWALS ACT OF MARCH 15, 1910. Regulations. Supplemental to regulations concerning the selection of desert lands by certain States and Territories, approved April 9, 1909 (37 L. D., 624). By the Act of March 15, 1910 (Public No. 87), section four, Act of August 18, 1894 (28 Stat., 372, 422), commonly known as the Carey Act, was amended so as to authorize the Secretary of the Interior, under application of a bene- ficiary State or Territory, to temporarily withdraw from settlement or entry public lands of the United States, pending survey and investigation prelimi- nary to the filing of application for the segregation of such lands under said Act of August 18, 1894. The text of the Act is as follows: Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That to aid in carrying out the purposes of section four of the Act of August eighteenth, eighteen hundred and ninety-four, entitled "An Act making appropriations for sundry civil expenses of the Government for the fiscal year ending eighteen hundred and ninety-five, and for other purposes," it shall be lawful for the Secretary of the Interior, upon application by the proper officer of any State or Territory to which said section applies, to withdraw temporarily from settlement or entry areas embracing lands for which the State or Territory proposes to make application under said section, pending the investigation and survey prelimi- nary to the filing of the maps and plats and application for segregation by the State or Territory: Provided, That if the State or Territory shall not pre- sent its application for segregation and maps and plats within one year after such temporary withdrawal the lands so withdrawn shall be restored to entry as though such withdrawal had not been made. Approved March 15, 1910. 1. Under the provisions of this Amendatory Act, public lands of the United States may be temporarily withdrawn upon proper application by a beneficiary State or Territory that proper surveys may be prepared and inves- tigation made preliminary to the filing of application by such State or Terri- tory, for the segregation of such lands under the Carey Act. If such application is not filed within one year from the date of with- drawal, the lands so withdrawn will, as directed by the Act, be immediately restored to entry. No provision is made for the extension of such a temporary withdrawal. 2. To obtain the benefits of this amendatory Act, the State or Territory, through its proper official, will be required to file in the local land office in the land district within which the lands sought to be withdrawn lie, an application therefor (see appended Form B) which shall set forth the name of the individual or corporation proposing to reclaim the lands; that all the forms and conditions imposed by the State law upon such proposer, prior to segregation, have been complied with; that, from the showing made by the proposer (or state other source of information), it is believed that sufficient water to irrigate the whole of the lands asked to be withdrawn, over and above prior appropriations, is available, and that the proposer has either acquired title to such water, or applied for the same, and that the lands are desert in character. Appended to the application should be a list of the lands asked to be withdrawn; if the lands are unsurveyed, the fact should be set forth, together 264 with a statement that an application for the survey thereof has been filed in the office of the surveyor-general. 3. Accompanying such application should be filed an affidavit (see appended Form C), based upon personal examination, that the lands sought to be with- drawn are desert in character, as contemplated by the Carey Act, and are nonmineral. This affidavit should be made either by the proposer, his or its engineer, or by the State or Territorial engineer, or one of his assistants. 4. Where the lands sought to be withdrawn are situated in more than one land district, a list must be filed in each district, describing the lands in that district. 5. Upon the filing of such application, the register will at once note the same upon his records and will thereafter reject all applications to enter, purchase or select any such lands, excepting when settlement or application to enter, purchase or select prior to the date of filing of the State's applica- tion is alleged, or disclosed of record; he will then at once transmit the application to this office for further action, first noting thereon the date of filing, over his written signature. 6. Within three months after date of filing the application for withdrawal in the local office, the State must file a corroborated affidavit by the proposer, his or its engineer, or the State engineer, that the work of surveying and laying out the proposed irrigation system has been actually commenced in the field and is being energetically prosecuted; this affidavit should show the work accomplished and the result. In default of such showing by the State, the withdrawal will be promptly revoked. 7. In the event that any of the tracts withdrawn are found to be above the proposed irrigation works, or for any other reason not susceptible to irriga- tion, the fact and description of the non-reclaimable land by smallest legal subdivisions should be at once communicated to this office, that they may be relieved from the withdrawal. 8. If at any time after withdrawal it is shown that the State is not ener- getically prosecuting the investigation and survey of the lands, that the same are not reclaimable by the proposed system of reclamation, are not desert in character, or for any other reason are not subject to the provisions of the Carey Act, or that the proposer is not proceeding in good faith, the withdrawal will be at once revoked. 9. The one year mentioned in the Act as the period of withdrawal will commence to run from the date of the filing of the application for withdrawal in the local land office. FOEM B. State of , United States Land Office, , , 19.. , the duly authorized agent of the State of , under and by virtue of an Act of Congress approved August 18, 1894 (28 Stat., 372, 422), and the acts amendatory thereof, and in pursuance of the rules and regula- tions prescribed by the Secretary of the Interior, hereby makes and files the following list of desert public lands, which the State is authorized to select under the provisions of the said Act of Congress, as an application for the temporary withdrawal of such lands under the provisions of the amenda- tory Act of March 15, 1910 (Public No. 87), preliminary to the survey and investigation thereof, with a view to their selection under said Act of August 18, 1894, and I hereby certify that this application is made at the instance of , who (which) has filed with the State Land Board (or other proper official or body) a proposition to reclaim such of the lands in said list as may be found susceptible of irrigation and reclamation; that said proposer has complied with all the forms and condition imposed by the laws of the State , upon such proposer prior to segregation; that from the showing made by him (or it), and from other data at my command, I verily believe that sufficient water to irrigate the whole of the lands withdrawn, over and above prior appropriations, is available and that the proposer has acquired title to such water (or applied for or appropriated such water, as the case may be), and that the lands are desert in character (if the lands are unsurveyed, state the fact), and that application for the survey thereof has been made by the State to the surveyor-general. 265 FORM C. State of , County of , ss. , being duly sworn, says that he is the State (or Territorial) engineer of the State (or Territory) of (if the affidavit is made by any one other than the State engineer he should be so described as to identify him with the State or the project); that the tracts described in the accom- panying application under the amendatory -Act of March 15, 1910 (Public No. 87), the temporary withdrawal of which is asked, pending survey and inves tigation preliminary to the inclusion thereof in State Segregation List No . . . ., are each and every one desert land as contemplated by the Act of Con gress approved August 18, 1894 (28 Stat., 372, 422), the Act of June 11, 1890 (29 Stat., 434), and the Act of March 3, 1901 (31 Stat., 1133, 1188); that he is well acquainted with the character of the land herein applied for, having personally examined same; that there is not to his knowledge within the limits thereof any vein or lode of quartz or other rock in place bearing gold, silver, cinnabar, tin, lead or copper, nor any deposit of coal, placer, cement, gravel, salt spring, or deposit of salt, nor any other deposit of valuable min- eral; that no portion of said land is claimed for mining purposes under the local customs or rules of miners, or otherwise; that no portion of said land is worked for mineral during any part of the year by any person or persons, and that said land is essentially nonmineral land. Sworn to before me this day of , 19. . Approved April 25, 1910: Notary Public. R. A. Ballinger, Certificate expires Secretary. EXTENSION OF TIME FOB RECLAMATION PROJECTS UNDER CAREY ACT. Instructions. Instructions governing* the extension of time for irrigation and reclama- tion plants, under Sec, 4, of the Act of August 18, 1894, as amended by Sec. 3 of the Act of March 3, 1901. Secretary Ballinger to the Commissioner of the General Land Office, May 13, 1909: Referring to that portion of the Act of Congress, above cited (31 Stat., 1188), which authorizes the Secretary of the Interior in his discretion to con- tinue segregation of lands for a period of not exceeding five years, or to restore them to the public domain, where a State has failed to reclaim lands segregated under' the Carey Act within the period of ten years, prescribed by law, you are advised that all such applications must be submitted to me with your report and recommendation, and applications for extension of time will only be entertained upon a showing of the happening of some event pre- venting completion of the reclamation which could not have been reasonably :nitiripated or guarded against, such as: 1. Destruction of dams, reservoirs, canals, ditches, or other works con- structed, or partly constructed, by storms, floods, or other unavoidable cas- ualties. 2. Inability to complete construction of reservoirs, ditches, canals, etc. r within ten years because of unforeseen structural or physical difficulties encountered, in cases where construction was promptly begun and diligently prosecuted. 3. Error or misjudgment in surveying and locating ditches, canals, etc., necessitating new surveys and construction in order to effect proper and permanent reclamation. 4. Financial failures on the part of the contractor under the State, which delayed or prevented reclamation and which could not have been foreseen or reasonably anticipated. 5. Other reasons not above specified but falling within the general scope of these instructions will be considered if presented; but in all cases showing made must be by or through the proper State authorities and clearly and specifically set forth all the facts and reasons which prevented the completion of the contract or reclamation of the land within the ten-year period. CAREY ACT LEGISLATION, 1911. 6. One million acres additional in Nevada subject to State selections under Carey Act. 266 An additional one million acres of arid lands within the State of Nevada is hereby made available and subject to the terms of section four of an Act of Congress entitled "An Act making appropriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, eighteen hundred and ninety-five, and for other purposes." Approved August eighteenth, eighteen hundred and ninety-four, and by amendments thereto, and the State of Nevada is allowed under the provisions of said Acts said additional area, or so much thereof as may be necessary for the purposes and under the provi- sions of said Acts. (Part of Public No. 525, approved March 4, 1911.) WYOMING. 7. Carey Act, allowing State selections, extending to land in former mili- tary reservation in Wyoming. Be it enacted by the Senate and House of Eepresentatives of the United States of America in Congress assembled, that the provisions of section four of the Act of August, eighteen hundred and ninety-four, and Acts amendatory thereto, be, and the same are hereby, made applicable to the lands in the former Fort Bridger Military Reservation in Uinta County, Wyoming. (Public No. 381, approved February 16, 1911.) IDAHO. 8. (No. 28.) Joint resolution providing for additional lands for Idaho under the provisions of the Carey Act. Eesolved, By the Senate and House of Representatives of the United States of America in Congress assembled, That an additional one million acres of arid lands within the State of Idaho be made available and subject to the terms of section four of an Act of Congress entitled "An Act making appro- priations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, eighteen hundred and ninety-five, and for other purposes, ' ' approved August eighteenth, eighteen hundred and ninety-four, and by amend- ments thereto, and that the State of Idaho be allowed, under the provisions of said Acts, said additional area, or so much thereof as may be necessary for the purposes and under the provisions of said Acts. Approved May 25, 1908. Sixtieth Congress, 1907-1908. See "Idaho under Carey Act." DESERTED WIVES MARRIED WOMEN. (See Three- Year Homestead Law.) 1. A married woman who has all of the other qualifications of a homesteader may make a homestead entry under any one of the following conditions : (a) Where she has been actually deserted by her husband. (b) Where her husband is incapacitated by disease or other- wise from earning a support for his family and the wife is really the head and main support of the family. (c) Where the husband is confined in a penitentiary and she is actually the head of the family. (d) Where the married woman is the heir of a settler or con- testant who dies before making entry. (e) Where a married woman made improvements and resided on the lands applied for before her marriage, she may enter them after marriage if her husband is not holding other lands under an unperfected homestead entry at the time she applies to make entry. 2. If an entryman deserts his wife and abandons the land cov- ered by his entry, his wife then has the exclusive right to contest the entry if she has continued to reside on the land, and on securing its cancellation she may enter the land in her own right, or she may continue her residence, and make proof in the name of and as the agent for her husband, and patent will issue to him. 3. If an entryman deserts his minor children and abandons his entry after the death of his wife, the children have the same right 267 to make proof on the entry as the wife could have exercised had she been deserted during her lifetime. 4. The marriage of the entrywoman after making entry will not defeat her right to acquire title if she continues to reside upon the land and otherwise comply with the law. A husband and wife can not, however, maintain separate residences on homestead entries held by each of them, and if, at the time of marriage, they are each holding an unperfected entry on which they must reside in order to acquire title, they can not hold both entries. In such case they may elect which entry they will retain and relinquish the other. 5. A widow, if otherwise qualified, may make a homestead entry notwithstanding the fact that her husband made an entry and notwithstanding she may be at the time claiming the unper- fected entry of her deceased husband. (a) A married woman, not the head of a family, is not quali- fied under the provisions of Sec. 2 of the Act of June 5, 1872, to make entry of lands in the Bitter Root Valley opened +o settlement by said Act. See case of Matilda C. Humble (34 L. D., 313). 6. The husband who has deserted the wife can not defeat the rights of the wife to the land, providing she is in possession of and occupying the same at the time of the filing of relinquishment in the land office for the district in which the land is situated. The doctrine that the relinquishment can not defeat the rights of one in possession of land embraced in an uncontested entry is well settled. "Relinquishment opens the land to settlement at once; and the right of a settler then on the land is superior to that of one who makes entry immediately after the relinquishment." A discussion of this question will be found under title "Relinquishments." It is mentioned here to show that aside from the rights of a married woman who has been deserted by the husband, she would be entitled to the benefit of the rule as applied to other persons in possession of lands at the time of filing a relinquishment. Citation of authority will be found in the title "Relinquishments." 7. Where a wife has been divorced from her husband or deserted so that she is dependent upon her own resources for support, she may make homestead entry as the head of a family or as a femme sole. The Department will determine the question of desertion irre- spective of the judgment of any court as to such fact. 8. "Where a married woman makes an application for home- stead entry as a deserted wife, and subsequently procures a divorce on the ground of desertion and entry upon her application is after- wards allowed, in a contest against such entry on the ground of fraud and collusion, the Department is not bound by the finding of fact made by the court in the divorce proceeding, but may deter- mine from the proof whether or not she was a deserted wife at the time of her application." See Jacoby v. Kubal (31 L. D., 382). 9. "Separation of a husband and wife by mutual consent does not constitute the wife the head of a family within the meaning of Sec. 2289 of the Revised Statutes, or authorize her to make a homo- stead entry as the deserted wife." See Roberts v. Seymour (36 L. D., 258). 268 10. The right to make a homestead entry is conferred upon every person who is the head of a family or who has arrived at the age of twenty-one years and who is a citizen of the United States or who has filed his declaration of intention to become such." 11. "The right of a deserted wife to make entry rests in the statutory privilege accorded to the 'head of a family'; but the fact of desertion must be affirmatively shown before the right of entry accrues." See Porter v. Maxfield (5 L. D., 42) ; Giblin v. Moeller's Heirs (6 L. D., 296) ; Brown v. Neville (14 L. D., 459). RESIDENCE. (See Commutation Proof.) 12. "The legal residence of the wife is presumed to be that of her husband and where both husband and wife at the time of mar- riage have an unperfected homestead entry, they can not thereafter maintain separate residence upon and perfect both entries ; but where at the time of marriage the wife only has an unperfected homestead entry and thereafter continues to reside thereon and otherwise comply with the law, she is entitled to perfect the entry notwithstanding her husband in the meantime is maintaining a separate residence upon his own patented homestead entry to which he had perfected title prior to their marriage." The case of Patrick Flynn, 39 L. D., 593, citing with approval the case of Jane Mann, 18 L. D., 116, and Anderson v. Hillerud, 33 L. D., 335. 13. Where two persons hold homestead entries and intermarry before the submission of final proof upon one or the other of the entries, patent could not be obtained in both cases because of the necessity of maintaining two separate residences. The usual prac- tice, or perhaps it would be better to say custom, prevailing is for one or the other of the parties contemplating marriage to submit a legal final proof upon one of the entries, which would obviate the necessity of maintaining two residences after marriage. Residence might be continued upon the unperfected entry and patent would issue upon the submission of proper final proof on the same. 14. In 1900 Congress passed an Act which was approved June 6, 1900, and which is embodied in 31 Statute, 683, and will be found on page . This Act amended the Act of May 14, 1880, "An Act for the Relief of Settlers on the Public Lands." By this Act it is provided : "Where a married woman who has heretofore settled or may hereafter settle upon a tract of public land, improve, establish and maintain a bona fide residence thereon, with the intention of appropriating the same for a home, subject to the homestead law, and has married, or shall hereafter marry, before making entry of said land, or before making application to enter said land, she shall not, on account of such marriage, forfeit her right to make entry and receive patent for the land: Provided, That she does not abandon her residence on said land, and is otherwise qualified to make homestead entry: Provided further, That the man whom she married is not, at the time of their marriage, claiming a separate tract of land under the homestead law." "That this Act shall be applicable to all unpatented lands claimed by such entry woman at the date of passage." (See case Margart J. Dingman, 39 L. D., 363.) (Also 30 L. D., 313.) 15. A married woman has the right to make desert land entry, timber and stone entry, the purchase of isolated tracts, and the 269 acquirement of lands under the mineral public land laws irre- spective of her marriage. See Desert land, timber and stone entry, and isolated tracts. There are some exceptions in States which do not permit of women holding real estate as femme sole. A married woman who makes homestead and marries is not estopped from making additional entry under the Enlarged Home- stead Act. 39 L. D., 164. "Under the provisions of the homestead law which confers upon the widow of a deceased entryman the right to complete the entry, the wife of an entryman sentenced to the penitentiary for life is entitled to perfect the entry in like manner as if the entryman were actually dead." STATUTES AND REGULATIONS GOVERNING ENTRIES AND PROOFS UNDER THE DESERT-LAND LAWS. 1. Laws governing making of desert-land entries, assignments, and proofs. 2. States and Territories in which desert-land entries may be made. 3. Lands that may be entered as desert land. 4. Who may make a desert-land entry. 5. Quantity of land that may be entered. 6. Land must be in compact form. 7. How preference right may be acquired on unsurveyed land. 8. How to proceed to make a desert-land entry. 9. Personal knowledge of the land by the entryman required. 10. Place of actual residence of applicants and witnesses must be given. 11. What officers to take acknowledgments. 12. Acquiring of water right. 13. Filing of map of irrigation. 14. Assignments. 15. Qualifications for taking land by assignment. 16. Recording of deed of assignment. 17. Annual proof. 18. Expenditures. 19. Time for submitting annual proof. 20. Final proof. 21. Notice, publication of. 22. Submission of proof. 23. Irrigation, cultivation, and water rights. 24. Amount of land which must be irrigated. 25. Actual tillage must be shown. 26. Proof of compliance with law in regard to water right must be shown. 27. Modification of rule with regard to water right proof. 28. Notice that final proof is due. 29. Extension of time in submitting proof under certain conditions. 30. Payments Fees. 31. Fees required. 32. Contests. 33. Eelinquishments. 34. Desert-land entries within reclamation project. 35. Persons to whom above act applies. 36. Application for excuse from compliance with desert-land laws. 37. Eeport of engineer in charge of recalamation project upon application. 38. Delay in making annual proof. 39. Delay and hindrance in making final proof. 40. Excuse from making final proof. 41. Abandonment, date of; restoration. 42. Entryman not compelled to accept the conditions of Act of June 17. 1902. 43. Eelinquishment of all lands in excess of 160 acres. 44. All previous rulings and instructions not in harmony herewith are hereby vacated. STATUTES. A. Sale of desert lands in certain States and Territories. B. Three hundred and twenty acre limitation. 270 C. An Act to repeal timber-culture laws, and for other purposes. D. Sec. 2294, United States Eevised Statutes, as amended by Act of March 4, 1904 (33 Stat., 59). E. An Act providing for the subdivision of lands entered under the reclamation Act, and for other purposes. F. An Act providing for second desert-land entries. G. An Act limiting and restricting the right of entry and assignment under the desert-land law and authorizing an extension of time within which to make final proof. H. An Act for the protection of the surface rights of entrymen. I. An Act to provide for agricultural entries on coal lands. J. An Act for the relief of assignees in good faith of desert lands in Imperial County, California. Extension of time for submitting final proof on desert-land entries. Desert entries in Weld and Larimer Counties, Colorado, extension of time. GENERAL LAND OFFICE STATUTES AND REGULATIONS GOVERNING ENTRIES AND PROOF UNDER THE DESERT- LAND LAWS, TOGETHER WITH SUGGESTIONS TO PER- SONS DESIRING TO MAKE ENTRIES UNDER SAID LAWS. APPROVED SEPTEMBER 30, 1910. Department of the Interior, General Land Office, Washington, D. C., September 30, 1910. 1. The laws, or portions of laws, governing the making of desert-land entries, assignments thereof, and the proofs required, will be found printed in full at the end of this circular, and are as follows: Act of March 3, 1877 (19 Stat., 377); March 3, 1891 (26 Stat., 1095) ; August 30, 1891 (26 Stat., 391) ; June 27, 1906 (34 Stat., 519) ; March 26, 1908 (35 Stat., 48) ; March 28, 1908 (35 Stat., 52) ; March 4, 1904, amending section 2294, Revised Statutes of the United States (33 Stat., 59) ; June 22, 1910 (36 Stat., 583) ; March 3, 1909 (35 Stat., 844) ; June 25, 1910 (36 Stat., 867), and the Act of June 22, 1910 (36 Stat., 583). STATES AND TEEEITOEIES IN WHICH DESEET-LAND ENTEIES MAY BE MADE. 2. The Act of March 3, 1877, provided for the making of desert- land entries in the States and Territories of California, Idaho, Mon- tana, Nevada, North Dakota, Oregon, South Dakota, Utah, "Wash- ington, Wyoming, Arizona, and New Mexico. The Act of March 3, 1891, extended the provisions of the desert-land laws to Colorado. LANDS THAT MAY BE EXTEEED AS DESEET LAND. 3. Lands which, by reason of a lack of rainfall, or of sufficient dampness in the soil, will not produce native grasses sufficient in quantity, if unfed by grazing animals, to make an ordinary crop of hay in usual seasons, nor produce an agricultural crop of any kind in amount to make the cultivation thereof reasonably remunerative, and do not contain sufficient moisture to produce a natural growth of trees may be classed as desert in character and, if surveyed and unappropriated, may be entered under the desert-land law. Lands situated within a notoriously arid or desert region, and themselves previously desert within the meaning of the desert-land law, do not necessarily lose their character as desert lands merely because on account of unusual rainfall for a few successive seasons their productiveness was increased and larger crops were raised thereon; and, under such circumstances, a strong preponderance of 271 evidence will be required to take them out of the class of desert lands. The final proof, however, of one who makes desert entry of such lands will be closely scrutinized as to the sufficiency of his water supply and the adequacy of his ditches and laterals. (37 L. D., 522.) "While lands which border upon streams, lakes, and other bodies of water, or through or upon which there is any stream, body of water, or living spring, may not produce agricultural crops without irrigation, such lands are not subject to entry under the desert- land laws until the clearest proof of their desert character is furnished. WHO MAY MAKE A DESEBT-LAND ENTKY. 4. Any citizen of the United States, 21 years of age, or any person of that age who has declared his intention of becoming a citizen of the United States, and who can make the affidavit specified in paragraphs 8 and 9 of these regulations, can make a desert-land entry. Thus, a woman, whether married or single, who possesses the necessary qualifications, can make a desert-land entry, and, if married, without taking into consideration any entries her husband may have made. AJ the time of making final proof, however, entrymen of alien birth must have been admitted to full citizenship, which must be shown by a duly certified copy of the certificate of naturalization. QUANTITY OF LAND THAT MAY BE ENTEKED. 5. Under the Act of March 3, 1877, desert-land entries to the maximum of 640 acres were allowed, but by the Act of March 3, 1891, the area that may be embraced" in a desert entry was reduced to 320 acres as the maximum. This limitation must, however, be read in connection with the Act of August 30, 1890 (26 Stats., 391), which limits to 320 acres, in the aggregate, the amount of land to which title may be acquired under all the public land laws, except the mineral laws. Hence, a person having initiated a claim under the homestead, timber and stone, preemption, or other agricultural land laws, or under all such laws, since August 30, 1890, say, to 160 acres in the aggregate, and acquired title to the land so claimed, or who is claiming such an area under subsisting entries at the date of his desert-land application, if otherwise qualified, may enter 160 acres of land under the desert-land laws. In other words, he may make a desert-land entry for such a quantity of land as, taken together with land acquired by him under the agricultural land laws, since August 30, 1890, and claimed by him under such laws, does not exceed 320 acres in the aggregate. It is to be noted, also, that the Act of June 22, 1910 (Public, No. 227), provides that desert- land entries made for lands withdrawn or classified as coal lands, or valuable for coal, shall not exceed 160 acres in area. A person's right of entry under the desert-land law is exhausted either by making an entry or by taking an assignment of an entry, in whole or in part, whether the maximum quantity of land, or less, is entered or received by assignment; except, however, that under the Act of March 26, 1908, if a person, prior to the passage of that Act, has made an entry and has abandoned, lost, or forfeited the same, or has relinquished without receiving a valuable consideration 272 therefor, such person may make a second entry. In such case, how- ever, it must be shown when the former entry was abandoned, lost, cr forfeited, that it was not assigned, in whole or in part, canceled for fraud, or relinquished for a valuable consideration, and it must be so described by section, township, and range, or by date and number, as to be readily identified on the records of the General Land Office. The showing required must be by affidavit of applicant wherein the facts upon which is based his claim of right to make a second desert-land entry are set forth fully and in detail. This affidavit must be corroborated, as far as possible, by the affidavit of one or more persons having personal knowledge of the facts stated by applicant. Registers and Receivers are authorized to allow a second desert-land entry in any case wherein it is shown that applicant is entitled to make such entry under the provisions of said Act of March 26, 1908. Otherwise the application will be noted on the district office records and forwarded to the General Land Office with appropriate recommendation. LAND MUST BE IN COMPACT FORM. 6. Land entered under these laws should be in compact form, which means that it should be as nearly a square form as possible. Where, however, it is impracticable on account of the previous appropriation of adjoining lands, or on account of the topography of the country, to take the land in a compact form, all the facts regarding the situation, location, and character of the land sought to be entered, and the surrounding tracts, should be stated, in order that the General Land Office may determine whether, under all the circumstances, the entry should be allowed in the form sought. Entrymen should make a complete showing in this regard, and should state the facts and not the conclusions they derive from the facts, as it is the province of the Land Department of the Govern- ment to determine whether or not, from the facts stated, the entry should be allowed. HOW PREFERENCE RIGHT MAY BE ACQUIRED ON UNSURVEYED LAND. 7. Prior to the Act of March 28, 1908, a desert-land entry could embrace unsurveyed lands, but since the date of that Act desert- land entries may not be made of unsurveyed lands. This Act pro- vides, however, that if a duly qualified person shall go upon a tract of unsurveyed desert land and reclaim, or commence to reclaim, the same, he shall be allowed a preference right of ninety days after the filing of the plat of survey in the local land office to make entry of the land. To preserve this preference right the work of reclama- tion must be continued up to the filing of the plat of survey, unless the reclamation of the land is completed before that time, and in that event the claimant must continue to cultivate and occupy the land until the survey is completed and the plat filed. A mere per- functory occupation of the land, such as staking off the claim, or posting notices thereof on the land claimed, would not secure the preference right as against an adverse claimant, but occupation in entire good faith, accompanied by acts and works looking to the ultimate reclamation of the land, are necessary and required. 273 HOW TO PROCEED TO MAKE A DESERT-LAND ENTRY. 8. A person who desires to make entry under the desert-land laws must file with the Register and Receiver of the proper land office a declaration, or application, under oath, showing that he is a citizen of the United States, or has declared his intention to become such citizen; that he is 21 years af age or over; and that he is also a bona fide resident of the State or Territory in which the land sought to be entered is located. He must also state that he has not previously exercised the right of entry under the desert-land laws by making an entry or by having taken one by assignment ; that he has personally examined every legal subdivision of the land sought to be entered ; that he has not, since August 30, 1890, acquired title, under any of the agricultural-land laws, to lands which, together with the land applied for, will exceed, in the aggregate, 320 acres; and that he intends to reclaim the lands applied for by conducting water thereon, within four years from the date of his application. This declaration must contain a description of the land, by legal subdivisions, section, township, and range. 9. Special attention is called to the terms of this application, as they require a personal knowledge by the entryman of the lands intended to be entered. The affidavit, which is made a part of the application, may not be made by an agent or upon information and belief, and the Register and Receiver must reject all applications in which it is not made to appear that the statements contained therein are made upon the applicant's own knowledge and that it was obtained from a personal examination of the lands. The blank spaces in the application must be filled in with a complete statement of the facts, showing the applicant's acquaintance with the land and how he knows it to be desert land. This declaration must be cor- roborated by the affidavits of two reputable witnesses, who also must be personally acquainted with the land, and they must state the facts regarding the condition and situation of the land upon which they base the opinion that it is subject to desert entry. The statements in the blank form of declaration and accompany- ing affidavits, as to present character of the land, may be modified so as to show the facts, in any case wherein application is made for entry of lands reclaimed, or partially reclaimed, by applicant, before survey, under the provisions of the Act of March 28, 1908 ; as to a former entry, in case application is made for a second entry under the provisions of the Act of March 26, 1908, and as to the character of the land, with respect to coal deposits in case application is made, under the provisions of the Act of June 22, 1910, for lands with- drawn or classified as coal lands, or valuable for coal. 10. Applicants and witnesses must in all cases state their places of actual residence, their business or occupation, and their post- office addresses. It is not sufficient to name only the county or State in which a person lives, but the town or city must be named also, and where the residence is in a city, the street and number must be given. It is especially important to claimants that upon changing their postoffice addresses they promptly notify the local' officers of such change, for upon failure to do so their entries may be canceled upon notice sent to the address of record, but not received by claimant. The Register and Receiver will be careful to note the postoffice address on their records. 274 11. The application and corroborating affidavits, and all other proofs, affidavits, and oaths of any kind whatsoever, required by law to be made by applicants and entrymen and their corroborating witnesses, must be sworn to before the Kegister or Receiver of the land district in which the land is located, or before a United States commissioner, if the lands are within the boundaries of a State, or a commissioner of a court exercising federal jurisdiction, if in a Territory, or before a judge or clerk of a court of record, in the county, or land district, in which the land is situated. The only conditions permitting the taking of such evidence outside the proper land district is where the county in which the land is situated lies partly in two or more land districts, in which case such evidence may be taken anywhere in the county. In case the application and affidavits are not made before either of the local officers, or in the county in which the land is located, they must be made before some one of the officers above named, in the land district nearest to, or most accessible from, the land, which latter fact must be shown by affidavit of applicant. The declaration of applicant and the affi- davits of his two witnesses must, in every instance, be made at the same time and place and before the same officer. 12. Persons who make desert-land entries must acquire a clear right to the use of sufficient water to irrigate and reclaim the whole of the land entered, or as much of it as is susceptible of irrigation, and of keeping it permanently irrigated. Therefore, if a person makes an entry before he has taken steps to acquire a water right, he does so at his own risk, because, ordinarily, one entry w r ill exhaust his right and he will not be repaid the money paid at the time of making the entry. 13. At the time of filing his application with the Register and Receiver the applicant should also file a map, showing the plan by which he proposes to conduct water upon the land and the manner by which he intends to irrigate the same, and at the same time he must pay the Receiver the sum of 25 cents per acre for the land applied for. The Receiver will issue a receipt for the money, and the Register and Receiver will jointly issue a certificate showing the allowance of the entry. This application will be given its proper serial number at the time it is filed, and at the end of each month an abstract of collections under these laws will be transmitted to the General Land Office. ASSIGNMENTS. 14. While by the Act of March 3, 1891, assignments of desert- land entries were recognized, the Land Department, largely for administrative purposes, held that a desert-land entry might be assigned as a whole, or in its entirety, but refused to recognize the assignment of only a portion of an entry. The Act of March 28, 1908, however, provides for the assignment of such entries, in whole or in part ; but this does not mean that less than a legal subdivision may be assigned. Therefore, no assignment, otherwise than by legal subdivisions, will be recognized. 15. The Act of March 28, 1908, also provides that no person may take a desert-land entry by assignment, unless he is qualified to enter the tract so assigned to him. Therefore, if a person is not a resident citizen of the State or Territory wherein the land involved 275 is located, or, if he has made a desert-land entry in his own right, he can not take such an entry by assignment. The language of the Act indicates that the taking of an entry by assignment is equiva- lant to the making of an entry, and this being so, no person is allowed to take more than one entry by assignment. The desert- land right is exhausted either by making an entry or by taking one by assignment. However, in view of the practice that obtained in the General Land Office prior to March 28, 1908, of recognizing the right of a person to make an entry, and also to take one or more entries by assignment, the aggregate area of the land embraced in all such entries not exceeding 320 acres, such entries and assignments so made or taken will not now be disturbed. But all assignments and entries made subsequent to the approval of the Act of March 28, 1908, must be governed by the terms of that Act, which is held to mean that the desert-land right is exhausted either by making an entry or by taking one by assignment. Said Act provides that no assignment to, or for the benefit of, any corporation or association shall be authorized or recognized. 16. As stated above, desert-land entries may be assigned, in whole or in part, and, as evidence of the assignment, there should be transmitted to the General Land Office the original deed of assignment, or a certified copy thereof. Where the deed of assign- ment is recorded, a certified copy may be made by the officer who has custody of the record. AVhere the original deed is presented to an officer qualified to take proof in desert-land cases, a copy cer- tified by such officer will be accepted. Attention is called to the fact that copies of deeds of assignment certified by notaries public or justices of the peace, or, indeed, any other officers than those who are qualified to take proofs and affidavits in desert-land cases, will not be accepted. An assignee must file, with his deed of assignment, an affidavit (Form 4-274a) showing his qualifications to take the entry assigned to him. He must show what entries have been made by, or assigned to, him under the agricultural laws, and he must also show his qualifications as a citizen of the United States, that he is 21 years of age or over, and also that he is a resident citizen of the State or Territory in which the land assigned to him is situated. In short, the assignee must possess the qualifications necessary to enter the land proposed to be assigned were it subject to entry. Desert-land entries are initiated by the payment of 25 cents per acre, and no assignable right is acquired by the applicant prior to such payment. (6 L. D., 541 ; 33 L. D., 152.) An assignment made on the day of such payment, or soon thereafter, is treated as suggesting fraud, and such cases will be carefully scrutinized. The provision of law author- izing the assignments of desert entries, in whole or in part, fur- nishes no authority to a claimant under said law to make an execu- tory contract to convey the land after the issuance of patent, and to thereafter proceed with the submission of final proof in further- ance of such contract. The sale of the land embraced in an entry at any time before final payment is made must be regarded as an assignment of the entry, and in such cases the person buying the land must show that he possesses all the qualifications required of an assignee. (29 L. D., 459.) The assignor of a desert-land entry 276 may execute the assignment papers wherever he may be before any officer authorized to take acknowledgments, but the assignee must execute the affidavit (Form 4-274a), and all other required oaths and affidavits, before some one of the officers specified and in the manner set out in paragraph 11 of this circular. No assignments of desert-land entries or parts of entries are con- clusive until examined in the General Land Office and found satis- factory and the assignment recognized. AYhen recognized, however, the assignee takes the place of the assignor as effectually as though he had made the entry, and is subject to any requirement that may be made relative thereto. The assignment of a desert-land entry to one disqualified to acquire title under the desert-land law, and to whom, therefore, recognition of the assignment is refused by the General Land Office, does not of itself render the entry fraudulent, but leaves the right thereto in the assignor. ANNUAL PEOOF. 17. In order to test the sincerity and good faith of the claimant under the desert-land laws, and to prevent the reservation or segre- gation of tracts of public land in the interest of persons having no intention of reclaiming the land, but rather, by payment of the initial sum of 25 cents per acre, hoping to gain the use of the land for a number of years, Congress in the Act of March 3, 1891, made the requirement that a map be filed at the initiation of the entry, showing the mode of contemplated irrigation and the proposed source of the water supply, and that there be expended yearly for three years from the date of the entry not less than $1 for each acre of the tract entered, making a total of not less than $3 per acre, in the necessary irrigation, reclamation, and cultivation of the land, in permanent improvements thereon, and in the purchase of water rights for the irrigation thereof, and that at the expirafron of the third year a map or plan be filed showing the character and extent of the improvements placed on the claim. The said Act, however, authorizes the submission of final proof at an earlier date than four years from the time the entry is made in cases wherein reclamation has been effected and expenditures of not less than $3 per acre have been made. Proof of these expenditures must be made before some officer authorized to administer oaths in desert-land cases. (See par. 11 hereof.) This proof, which is known as yearly or annual proof, must be made by applicant, whose affidavit must be corroborated by affidavits of two reputable witnesses, all of whom must have personal knowledge that the expenditures were made for the purpose stated in the proof. 18. Expenditures for the construction and maintenance of storage reservoirs, dams, canals, ditches, and laterals to be used by claimant for irrigating his land, for roads where they are necessary, for erecting stables, corrals, etc., for digging wells, where the water therefrom is to be used for irrigating the land, and for leveling and bordering land proposed to be irrigated will be accepted. Expen- ditures for fencing all or a portion of the claim may be accepted, in case it is clearly shown that the fence is necessary for the protec- tion of a portion of the land being prepared for irrigation and culti- vation or for the protection of canals, ditches, etc., thereon. Ex- penditures for surveying, for the purpose of ascertaining the levels 277 for canals, ditches, etc., and for the first breaking or clearing of the soil may be accepted. Expenditures for cultivation after the soil has been first pre- pared may not be accepted, because the claimant is supposed to be compensated for such work by the crops to be reaped as a result of cultivation. Expenditures for surveying the claim in order to locate the corners of same may not be accepted. The cost of tools, imple- ments, wagons, and repairs to same, used in construction work may not be computed in the cost of construction. Expenditures for material of any kind will not be allowed unless such material has actually been installed or employed in and for the purpose for which it was purchased. For instance, if credit is asked for posts and wire for fences or for a pump or other well machinery, it must be shown that the fence has been actually constructed or the well machinery actually put in place. Annual proofs must contain itemized statements showing the manner in which expenditures were made. No expenditure for stock or interest in an irrigating company, through which water is to be secured for irrigating the land, will be accepted as satisfactory annual expenditure until a special agent, or other authorized officer, has submitted a report as to the resources and reliability of the company, including its actual water right, and such report has been favorably acted upon by the department. The stock purchased must carry the right to water, and it must be shown that payment in cash has been made at least to the extent of the amount required in connection with the annual proof submitted, and such stock must be actually owned by the claimants at the time of the submission of final proof. A certificate of the Secretary, or other qualified officer of the company involved, must be furnished, showing the extent of actual water appropriation by the company, to what extent water had been previously disposed of, quantity of water carried under the stock or interest purchased by the desert claimant, and a statement showing the previous ownership of the shares of stock forming the basis of proffered proof, and a descrip- tion of the land in connection with which such stock has been pre- viously issued or used. Circumstances in connection with stock which has been previously made the basis of proof or annual expen- diture will be carefully scrutinized and inquired into. Registers and Receivers are instructed to carefully examine all annual proofs filed and are authorized to suspend same, with notice to claimants to cure defects within thirty days, or to reject, subject to the usual right of appeal to the Commissioner of the General Land Office. These proofs are to be forwarded with the regular monthly returns. At the end of each year, if the required proof of actual expen- ditures has not been made, the Register and Receiver will send the entryman notice and allow him sixty days in which to submit such proof. If the proof is not furnished as required, the fact that notice was served upon the claimant should be reported to the -General Land Office, with evidence of service, whereupon the entry will be canceled. Registers and Receivers should keep on hand a sufficient supply of blank forms used in notifying the entrymen that annual proofs are due, and they should send such notices whenever neces- sary, without waiting for instructions from the General Land Office. 278 19. Nothing in the statutes or regulations should be construed to mean that the entryman must wait until the end of the year to submit his annual proof, because the proof may be properly sub- mitted as soon as the expenditures have been made. Proof sufficient for the three years may be offered whenever the amount of $3 an acre has been expended in reclaiming and improving the land, and thereafter annual proof will not be required. v FINAL PKOOF. 20. The entryman, his assigns, or, in case of death, his heirs or devisees, are allowed four years from date of the entry within w r hich to comply with the requirements of the law as to reclamation and cultivation of the land and to submit final proof, but final proof may be made and patent thereon issued as soon as there has been expended the sum of $3 per acre in improving, reclaiming, and irri- gating the land, and one-eighth of the entire area entered has been actually cultivated with irrigation, and when the requirements of the desert-land laws as to water rights and the construction of the necessary reservoirs, ditches, dams, etc., have been fully complied with. The cultivation and irrigation of the one-eighth of the entire area may be had in a body on one legal subdivision or may be dis- tributed over several subdivisions. When an entryman has re- claimed the land and is ready to make final proof, he should apply to the Register and Receiver for a notice of intention to make such proof. This notice must contain a complete description of the land and must describe the entry by giving the number thereof and the name of the entryman. If the proof is made by an assignee, his name, as well as that of the original entryman, should be stated. It must also show when, where, and before whom the proof is to be made. Four witnesses may be named in this notice, two of whom must be used in making the proof. 21. This notice must be published once a week for five succes- sive weeks in a newspaper of established character and general cir- culation published nearest the land (see 38, L. D., 131), and it must also be posted in a conspicuous place in the local land office for the same period of time. The date fixed for the taking of the proof must be at least thirty days after the date of first publication. Proof of the publication must be made by the affidavit of the publisher of the newspaper or by some one authorized to act for him. The Register will certify to the posting of the notice in the local office. 22. At the time and place mentioned in the notice, and before the officer named therein, the claimant will appear with two of the witnesses named in the notice and make proof of the reclamation, cultivation, and improvement of the land. This proof may be taken by any one of the officers named in paragraph 11 hereof. All claimants, however, are advised that, whenever possible, they should make proof before the Register or Receiver, because by doing so, they may, in many instances, avoid such delay as results from the practice whereby proofs submitted before officers other than the Register or Receiver are frequently suspended for investigation by a special agent. , The testimony of each claimant should be taken separate and apart from and not within the hearing of either of his witnesses, and the testimony of each witness should be taken separate and 279 apart from and not within the hearing of either the applicant or of any other witness, and both the applicant and each of the wit- nesses should be required to state, in and as a part of the final proof testimony given by them, that they have given such testimony with- out any actual knowledge of any statement made in the testimony of either of the others. In every instance where, for any reason whatever, final proof is not submitted within the four years pre- scribed by law, or within the period of an extension granted for submitting such proof, an affidavit should be filed by claimant, with the proof, explaining the cause of delay. IRRIGATION, CULTIVATION, AND WATER RIGHTS. 23. The final proof must show specifically the source and vol- ume of the water supply and how it was acquired and how main- tained. The number, length, and carrying capacity of all ditches to and on each of the legal subdivisions must also be shown. The claimant and the witnesses must each state in full all that has been done in the matter of reclamation and improvement of the land, and must answer fully, of their own personal knowledge, all of the questions contained in the final-proof blanks. They must state plainly whether at any time they saw the land effectually irrigated, and the different dates on which they saw the land irrigated should be specifically stated. 24. While it is not required that all of the land shall have been actually irrigated at the time final proof is made, it is necessary that the one-eighth portion which is required to be cultivated shall also have been irrigated in a manner calculated to produce profit- able results, considering the character of the land, the climate, and the kind of crops being grown. (Alonzo B. Cole, 38 L. D., 420.) Furthermore, the final proof must clearly show that all of the per- manent main and lateral ditches necessary for the irrigation of all the irrigable land in the entry have been constructed so that water can be actually applied to the land as soon as it is ready for cul- tivation. If there are any high points or any portions of the land, which for any reason it is not practicable to irrigate, the nature, extent, and situation of such areas in each legal subdivision mus.t be fully stated. If less than one-eighth of a smallest legal sub- division is practically susceptible of irrigation from claimant's source of water supply, such subdivision must be relinquished. 25. As a rule, actual tillage of one-eighth of the land must be shown. It is not sufficient to show only that there has been a marked increase in the growth of grass, or that grass sufficient to support stock has been produced on the land, as a result of irrigation. If, however, on account of some peculiar climatic or soil conditions, no crops except grass can be successfully produced, or if actual tillage will destroy or injure the productive quality of the soil, the actual production of a crop of hay, of merchantable value, will be accepted as sufficient compliance with the requirements as to cultivation (32 L. D., 456). In such cases, however, the facts must be stated, and the extent and value of the crop of hay must be shown, and as before stated, that same was produced as a result of actual irrigation. 26. The final proof must also show that the claimant has made the preliminary filings and taken such other steps as are required 280 by the laws of the State or Territory in which the land is located, for the purpose of securing a right to the use of a sufficient supply of water to irrigate successfully all of the irrigable land embraced in his entry. It is a well-settled principle of law in all the States and Territories in which the desert-land acts are operative, that actual application to a beneficial use of water appropriated from public streams measures the extent of the right to the water, and that failure to proceed with reasonable diligence to make such appli- cation to beneficial use, within a reasonable time, constitutes an abandonment of the right. (Wiel's Water Rights in the Western States, sec. 172.) The final proof, therefore, must show that the claimant has exercised such diligence as will, if continued, under the operation of this rule, result in his definitely securing a perfect right to the use of sufficient water for the permanent irrigation and reclamation of all of the irrigable land in his entry. To this end, the proof must at least show that water, which is being diverted from its natural course and claimed for the specific purpose of irri- gating the lands embraced in claimant's entry, under a legal right acquired by virtue of his own or his grantor's compliance with the requirements of the State of Territorial laws governing the appro- priation by individuals of the waters of public streams or other sources of supply, as shown by the record evidence of such right which accompanies the proof, has Actually been conducted through claimant's main ditches to and upon the land; that one-eighth of the land embraced in the entry has been actually irrigated and cultivated and that water has been brought to such a point on the land as to readily demonstrate that the entire irrigable area may be irrigated from the system and that he is prepared to distribute the water so claimed over all of the irrigable land in each smallest legal subdivision in quantity sufficient for practical irrigation as soon as the land shall have been cleared or otherwise prepared for cultivation. The nature of the work necessary to be performed in and for the preparation for cultivation of such part of the land as has not been irrigated should be carefully indicated, and it should be shown that the said work of preparation is being prosecuted with such diligence as will permit of beneficial application of appro- priated water within a reasonable time. 27. In those States where entrymen have made applications for water rights and have been granted permits, but where no final adjudication . of the water right can be secured from the State authorities, owing to delay in the adjudication of the water courses, or other delay for which the entrymen are in no way responsible, proof that the entrymen have done all that is required of them by the laws of the State, together with proof of actual irrigation of one-eighth of the land embraced in their entries, may be accepted. This modification of the rule that the claimant must furnish evi- dence of an absolute water right will apply only in those States where, under the local laws, it is absolutely impossible for the entry- man to secure final title to his water right within the time allowed him to submit final proof on his entry, and in such cases the best evidence obtainable must be furnished. 28. Where final proof is not made within the period of four years, or within the period for which an extension of time has been granted, the Register and Receiver should send the claimant a 281 notice, addressed to him at his post-office address of record, inform- ing him that he will be allowed ninety days in which to submit final proof. Should no action be taken within the time allowed, the Register and Receiver will report that fact, together with evidence of service, to the General Land Office, whereupon the entry will be canceled. EXTENSION OF TIME IN SUBMITTING PROOF UNDER CERTAIN CON- DITIONS. 29. Under the provisions of the Act of March 28, 1908, the period of four years may be extended, in the discretion of the Com- missioner of the General Land Office, for an additional period not exceeding three years, if, by reason of some unavoidable delay in the construction of the irrigating works intended to convey water to the land, the entryman is unable to make proof of reclamation and cultivation required within the four years. This does not mean that the period within which proof may be made will be extended as a matter of course for three years. The statute authorizes the Commissioner of the General Land Office to grant the extension, in his discretion, for such a period as he may deem necessary for the completion of the reclamation, not exceeding three years, but such applications for extension will not be granted unless it be clearly shown that the failure to reclaim and cultivate the land within the regular period of four years was due to no fault on the part of the entryman, but to some unavoidable delay in the construction of the irrigation works, for which he was not responsible and could not have readily foreseen. Under no other condition is an extension of time to make final proof authorized, except in cases falling under section 5 of the Act of June 27, 1906, pertaining to the entry of land within the limits of reclamation projects. An entryman who desires to make application for extension of time under the provisions of the Act of March 28, 1908, should file with the Register and Receiver an affidavit setting forth fully the facts, showing how and why he has been prevented from making final proof of reclamation and cultivation within the regular period. This affidavit should be executed before one of the officers named in paragraph 11 of this circular and must be corroborated by two wit- nesses who have personal knowledge of the facts, and the Register and Receiver, after carefully considering all of the facts, will for- ward the application to the General Land Office, with appropriate recommendation thereon. Inasmuch as Registers and Receivers reside in their respective districts, they are presumed to have more or less personal knowledge of the conditions existing therein, and for that reason much weight will be given their recommendations. PAYMENTS FEES. 30. At the time of making final proof the claimant must pay to the Receiver the sum of $1 per acre for each acre of land upon which proof is made. This, together with the 25 cents per acre paid at the time of making the original entry, will amount to $1.25 per acre, which is the price to be paid for all lands entered under the desert-land law, regardless of their location. Tho Receiver will issue a receipt for the money paid, and, if the proof is satisfactory, the Register will issue a certificate in duplicate and deliver one copy 282 to the entryman and forward the other copy to the General Land Office at the end of the month during which the certificate was issued. If the entryman is dead and proof is made by anyone for the heirs, no will being suggested in the record, the final certificate should issue to the heirs generally, without naming them ; if by any- one for the heirs or devisees, final certificate should issue, in like manner, to the heirs or devisees. When final proof is made on an entry made prior to the Act of March 28, 1908, for unsurveyed land, if such proof is satisfactory, the Register and Receiver will approve the same and forward it to the General Land Office without collecting the final payment of $1 an acre and without issuing final certificate. Fees for reducing the final-proof testimony to writing should be collected and receipt issued therefor, if the proof is taken before the Register and Receiver. As soon as the land is surveyed they will call upon the entryman to make proof, in the form of an affidavit, duly corrobo- rated, showing the legal subdivisions covered by his entry. When this has been done the Register and Receiver will, in the absence of conflict or other objection, correct their records so as to make them describe the land by legal subdivisions, and, if final proof has been made and found satisfactory and no other objections exist, final papers should be issued upon payment of the proper amount. 31. No fees or commissions are required of persons making entry under the desert-land laws, except such fees as are paid to the officers for taking the affidavits and proofs. The only pay- ments made to the Government are the original payment of 25 cents an acre at the time of making the application and the final payment of $1 an acre, to be paid at the time of making final proof. Where final proofs are made before the Register or Receiver in Cali- fornia, Oregon, Washington, Nevada, Colorado, Idaho, New Mexico, Arizona, Utah, Wyoming and Montana they will be entitled to receive, jointly, 22 1 / cents for each 100 words of testimony reduced to writing; in all other States they will be allowed 15 cents per 100 words for such service. The United States Commissioners, United States Court Commissioners, Judges, and Clerks are not entitled to receive a greater sum than 25 cents for each oath administered by them, except that they are entitled to receive $1 for administering the oath to each entryman and each final-proof witness where final- proof testimony has been reduced to writing by them. CONTESTS AND EELIXQUISHMENTS. 32. Contests may be initiated against a desert-land entry for illegal inception, abandonment, or failure to comply with the law after entry. Successful contestants will be allow r ed a preference right of entry for thirty days after notice of the cancellation of the contested entry, in the same manner as in homestead cases, and the Register will give the same notice and is entitled to the same fee for notice as in other cases. However, see, in this connection, the Act of June 25, 1910 (36 Stat, 867). 33. A desert-land entry may be relinquished at any time by the party owning the same, and when relinquishments are filed in the local land office the entries will be canceled by the Register and Receiver in the same manner as in homestead, preemption, and other 283 cases, under the first section of the Act of May 14, 1880 (21 Stat., 140). DESERT-LAND ENTRIES WITHIN A RECLAMATION PROJECT. 34. By section 5 of the Act of June 27, 1905 (34 Stat., 519), it is provided that any desert-land eutrynmn who has been or may be directly or indirectly hindered or prevented from making improve- ments on or from reclaiming the lands embraced in his entry, by reason of the fact that such lands have been embraced within the exterior limits of any withdrawal under the reclamation Act of June 17, 1902, will be excused during the continuance of such hin- drance from complying with the provisions of the desert-land laws. 35. This Act applies only to persons who have been, directly or indirectly, delayed or prevented, by the creation of any reclamation project or by any withdrawal of public lands under the reclamation act, from improving or reclaiming the lands covered by their entries. 36. No entrymau will be excused under this Act from a com- pliance with all of the requirements of the desert-land law until he has filed in the local land office for the district in which his lands are situated an affidavit showing in detail all of the facts upon which he claims the right to be excused. This affidavit must show when the hindrance began, the nature, character, and extent of the same, and it must be corroborated by two disinterested persons, who can testify from their own personal knowledge. 37. The Kegister and Receiver will at once forward the appli- cation to the engineer in charge of the reclamation project under which the lands involved are located and request a report and recommendation thereon. Upon the receipt of this report the Regis- ter and Receiver will forward it, together with the applicant's affi- davit and their recommendation, to the General Land Office, where it will receive appropriate consideration and be allowed or denied, as the circumstances may justify. 38. Inasmuch as entrymen are allowed one year after entry in which to submit the first annual proof of expenditures for the pur- pose of improving and reclaiming the land entered by them, the privileges of this Act are not necessary in connection with annual proofs until the expiration of the years in which such proofs are due. Therefore, if at the time that annual proof is due it can not be made, on account of hindrance or delay occasioned by a with- drawal of the land for the purpose indicated in the Act, the appli- cant will file his affidavit explaining the delay. As a rule, however, annual proofs may be made, notwithstanding the withdrawal of the land, because expenditures for various kinds of improvements are allowed as satisfactory annual proofs. Therefore an extension of time for making annual proof will not be granted unless it is made clearly to appear that the entryman has been delayed or pre- vented by the withdrawal from making the required improvements ; and, unless he has been so hindered or prevented from making the required improvements, no application for extension of time for making final proof will be granted until after all the yearly proofs have been made. 39. An entryman will not need to invoke the privileges of this Act in connection with final proof until such final proof is due, and if at that time he is unable to make the final proof of reclamation 284 and cultivation as required by law, and such inability is due, directly or indirectly, to the withdrawal of the land on account of a reclamation project, the affidavit explaining the hindrance and delay should be filed in order that the entryman may be excused for such failure. 40. When the time for submitting final proof has arrived and the entryman is unable, by reason of the withdrawal of the land, to make such proof, upon proper showing, as indicated herein, he will be excused, and the time during which it is shown that he has been hindered or delayed on account of the withdrawal of the land will not be computed in determining the time within which final proof must be made. 41. If after investigation the irrigation project has been or may be abandoned by the Government, the time for compliance with the law by the entryman will begin to run from the date of notice of such abandonment of the project and of the restoration to the public domain of the lands which had been withdrawn in connec- tion with the project. If, however, the reclamation project is car- ried to completion by the Government and a water supply has been made available for the land embraced in such desert-land entry, the entryman must comply with all the provisions of the Act of June 17, 1902, and must relinquish all the land embraced in his entry in excess of 160 acres, and upon making final proof and complying with the terms of payment prescribed in said Act of June 17, 1902, he shall be entitled to patent. 42. Special attention is called to the fact that nothing con- tained in the Act of June 27, 1906, shall be construed to mean that a desert-land entryman who owns a water right and reclaims the land embraced in his entry must accept the conditions of the reclamation Act of June 17, 1902, but he may proceed independently of the Government 's plan of irrigation and acquire title to the land embraced in his desert-land entry by means of his own system of irrigation. 43. Desert-land entrymen within exterior boundaries of a reclamation project who expect to secure water from the Govern- ment must relinquish all of the lands embraced in their entries in excess of 160 acres whenever they are required to do so through the local land office and must reclaim one-half of the irrigable area covered by their water right in the same manner as private owners of land irrigated under a reclamation project. 44. All previous rulings and instructions not in harmony here- with are hereby vacated. FRED DENNETT, Commissioner. Approved. FRANK PIERCE, Acting Secretary. STATUTES. (A) An Act to Provide for the Sale of Desert Lands in Certain States and Territories. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That it shall be lawful for any citizen of the United States, or any person of requisite age "who may be entitled to become a citizen, and who has filed his declaration to become such" and upon payment of twenty-five cents per acre to file a declaration under oath with the register and the receiver of the land district in which 285 any desert land is situated, that he intends to reclaim a tract of desert land not exceeding one section,* by conducting water upon the same, within the period of three yearst thereafter: Provided, however, That the right to the use of water by the person so conducting the same, on or to any tract of desert land of six hundred and forty acres shall depend upon bona fide prior appropriation; and such right shall not exceed the amount of water actually appropriated, and necessarily used for the purpose of irrigation and reclamation; and all surplus water over and above such actual appropriation and use, together with the water of all lakes, rivers, and other sources of water supply upon the public lands, and not navigable, shall remain and be held free for the appropriation and use of the public for irrigation, mining and manufacturing purposes sub- ject to existing rights. Said declaration shall describe particularly said section of land if surveyed, and, if unsurveyed, shall describe the same as nearly as possible without survey. At any time within the period of three years after filing said declaration, upon making satisfactory proof to the register and receiver of the reclamation of said tract of land in the manner aforesaid, and upon the payment to the receiver of the additional sum of one dollar per acre for a tract of land not exceeding six hundred and forty acres to any one per- son, a patent for the same shall be issued to him: Provided, That no person shall be permitted to enter more than one tract of land and not to exceed six hundred and forty acres, which shall be in compact form. Sec. 2. That all lands exclusive of timber lands and mineral lands which will not, without irrigation, produce some agricultural crop, shall be deemed desert lands, within the meaning of this act, which fact shall be ascertained by proof of two or more credible witnesses under oath, whose affidavit shall be filed in the land office in which said tract of land may be situated. Sec. 3. That this act shall only apply to and take effect in the States of California, Oregon, and Nevada, and the Territories of Washington, Idaho, Montana, Utah, Wyoming, Arizona, New Mexico, and Dakota, and the deter- mination of what may be considered desert land shall be subject to the decision and regulation of the Commissioner of the General Land Office. Approved, March 3, 1877 (19 Stat., 377). * Limited to 320 acres by Act of March 3, 1891 (26 Stat., 1095). t Time extended to four years by Act of March 3, 1891, supra. (B) Three Hundred and Twenty Acre Limitation. Approved, August 30, 1890 (26 Stat., 391). See page 531. (C) An Act to Repeal Timber-Culture Laws, and for Other Purposes. ******* Sec. 2. That an Act to provide for the sale of desert lands in certain States and Territories, approved March third, eighteen hundred and seventy- seven, is hereby amended by adding thereto the following sections: Sec. 4. That at the time of filing the declaration hereinbefore required the party shall also file a map of said land which shall exhibit a plan showing the mode of contemplated irrigation, and which plan shall be sufficient to thor- oughly irrigate and reclaim said land, and prepare it to raise ordinary agricul- tural crops, and shall also show the source of the water to be used for irriga- tion and reclamation. Persons entering or proposing to enter separate sections or fractional parts of sections of desert lands may associate together in the construction of canals and ditches for irrigating and reclaiming all of said tracts, and may file a joint map or maps showing their plan of internal improve- ments. Sec. 5. That no land shall be patented to any person under this Act unless he or his assignees shall have expended in the necessary irrigation, reclama- tion, and cultivation thereof, by means of main canals and branch ditches, and in permanent improvements upon the land, and in the purchase of water rights for the irrigation of the same, at least three dollars per acre of whole tract reclaimed and patented in the manner following: Within one year after making entry for such tract of desert land as aforesaid, the party so entering shall expend not less than one dollar per acre for the purposes aforesaid; and he shall in like manner expend the sum of one dollar per acre during the second and also during the third year thereafter, until the full sum of three dollars per acre is so expended. Said party shall file during each year with the register, proof, by the affidavits of two or more credible witnesses, that the full sum of one dollar per acre has been expended in such necessary improve- ments during such year, and the manner in which expended, and at the expiration of the third year a map or plan showing the character and extent of such improvements. If any party who has made such application shall fail 286 during any year to file the testimony aforesaid, the lands shall revert to the United States, and the twenty-five cents advanced payment shall be forfeited to the United States, and the entry shall be canceled. Nothing herein con- tained shall prevent a claimant from making his final entry and receiving his patent at an earlier date than hereinbefore prescribed, provided that he then makes the required proof of reclamation to the aggregate extent of three dollars per acre: Provided, That proof be further required of the cultivation of one-eighth of the land. Sec. 6. That this Act shall not affect any valid rights heretofore accrued under said Act of March third, eighteen hundred and seventy-seven, but all bona fide claims heretofore lawfully initiated may be perfected, upon due compliance with the provisions of said Act, in the same manner, upon the same terms and conditions, and subject to the same limitations, forfeitures, and contests as if this Act had not been passed; or said claims, at the option of the claimant, may be perfected and patented under the provisions of said Act, as amended by this Act, so far as applicable; and all acts and parts of acts in conflict with this Act are hereby repealed. Se. r. s by lines running due north and south, and others crossing jjjKtLJ'VSb,* 1 84!) them at right angles" as near as might be. It further provided that the first line running north and south should begin on the Ohio Kiver, at a point due north from the western terminus of a line 366 run as the south boundary of the State of Pennsylvania, and the first line running east and west should begin at the same point and extend through the whole territory. In these initial surveys only the exterior lines of the townships were surveyed, but the plats were marked by subdivisions into sections 1 mile square, numbered from 1 to 36, commencing with No. 1 in the southeast corner of the township, and running from south to north in each tier to No. 36 in the northwest corner of the township; mile corners were established on the township lines. The region embraced by the surveys under this law forms a part of the present State of Ohio, and is generally known as "the Seven Ranges." The Federal Congress passed a law, approved May 18, 1796, in regard to surveying the public domain, which applied to "the terri- i-ocV ^ A !? y * I 8 ' tory northwest of the River Ohio, and above the mouth of 1 4 */O. L' . fe. JStfl. lUlGS , -ir-r i -p> . . at Large, vol. 1, p. th e Kentucky River." 465. Section 2395, Section 2 of said Act provided for dividing such lands U. S. Revised ag h a( j no t been already surveyed or disposed of "by north and south lines run according to the true meridian, and by others crossing them at right angles, so as to form townships of 6 miles square," etc. It also provided that "one-half of said townships, taking them alternately, should be subdivided into sections containing, as nearly as may be, 640 acres each, by running through the same each way parallel lines at the end of every two miles; and by marking a corner on each of said lines at the end of every mile." The Act also provided that "the sections shall be numbered, respectively, beginning with the number one in the northeast section, and proceeding west and east alternately through the township, with progressive numbers till the thirty-sixth be completed." This method of num- bering sections is still in use. An act amendatory of the foregoing, approved May 10, 1800, required the "townships west of the Muskingum, which are directed to be sold in quarter townships, to be subdivided into half sections of 320 acres 1800* T T ^S ^Statutes eacn > as nearly as may be, by running parallel lines through at Large, vol. 2, p. the same from east to west, and from south to north, at 73. Section 2395, the distance of one mile from each other, and marking cor- S^at *ti'S Revised ners, at the distance of each half mile on the lines running from east to west, and at the distance of each mile on those running from south to north. And the interior lines of townships intersected by the Muskingum, and of all townships lying east of that river, which have not been heretofore actually subdivided into sections, shall also be run and marked *. And in all cases where the exterior lines of the townships thus to be subdivided into sections or half sections, shall exceed or shall not extend six miles, the excess or deficiency shall be specially noted, and added to or deducted from the western or northern ranges of sections or half-sections in such townships, according as the error may be in running the lines from east to west or from south to north." Said Act also provided that the northern and western tiers of sections should be sold as containing only the quantity expressed on the plats, and all others as containing the complete legal quantity. The Act approved June 1, 1796, "regulating the grants of land appro- Act of June 1 P" 3 * 6 ^ f r military services," etc., provided for dividing 1796. U. S. Statutes the "United States Military Tract," in the State of Ohio, t Large, vol. 1, p. into townships 5 miles square, each to be subdivided into quarter townships containing 4,000 acres. Section 6 of the act approved March 1, 1800, amendatory of the foregoing act, enacted that the Secretary of the Treasury was authorized to subdivide the quarter townships into lots of 100 acres, bounded as nearly as Act of March 1 P rac ticable by parallel lines 160 perches in length by 1800. U. S. Statutes 100 perches in width. These subdivisions into lots, at Large, vol. 2, p. however, were made upon the plats in the office of the Secretary of the Treasury, and the actual survey was only made at a subsequent time when a sufficient number of such lots had been located to warrant the survey. It thus happened, in some instances, that when the survey came to be made the plat and survey could not be made to agree, and that fractional lots on plats were entirely crowded out. A knowledge of this fact may explain some of the difficulties met with in the district thus subdivided. The act of Congress approved February 11, 1805, directs the subdivision of the public lands into quarter sections, and provides that all corners marked 367 in the field shall be established as the proper corners of the sections or quarter sections which they were intended iijgog to designate, and that corners of half and quarter sections statutes at Largo! not marked shall be placed as nearly as possible "equi- vol. 2, p. 313. Sec- distant from those two corners which stand on the same y'ised's'tatutes^' R6 line." This act further provides that "the boundary lines actually run and marked" (in the field) "shall be established as the proper boundary lines of the sections, or subdivisions, for which they were intended, and the length of such lines as returned by either of the surveyors aforesaid shall be held and considered as the true length thereof. And the boundary lines which shall not have been actually run and marked as aforesaid shall be ascertained by running straight lines from the established corners to the opposite corresponding corners, but in those portions of the fractional town- ships where no such opposite or corresponding corners have been or can be fixed, the said boundary lines shall be ascertained by running from the estab- lished corners due north and south, or east and west lines, as the case may be, to the water course, Indian boundary line, or other external boundary of such' fractional township." The Act of Congress approved April 24, 1820, provides for the sale of public lands in half-quarter sections, and requires that "in every case of the division of a quarter section the line for joon r> s^ita'tutes the division thereof shall run north and south," "and at "Large, vol. 3. p. fractional sections, containing 160 acres and upwards, shall 566. Section 2397. in like manner, as nearly as practicable, be subdivided into g* atu ^' eg R e v * s e d half quarter sections under such rules and regulations as may be prescribed by the Secretary of the Treasury; but fractional sections containing less than 160 acres shall not be divided." The Act of Congress approved May 24, 1824, provides "that whenever, in the opinion of the President of the United States, a departure from the ordinary mode of surveying land on any . . . ., . river, lake, bayou, or water course would promote the public 1824. u. S. Statutes interest, he may direct the surveyor-general in whose dis- nt Large, vol. 4, p. trict such land is situated, and where the change is intended 34 - to be made, under such rules and regulations as the Presi- dent may prescribe, to cause the lands thus situated to be surveyed in tracts of two acres in width, fronting on any river, bayou, lake, or water course, and running back the depth of forty acres." The Act of Congress approved April 5, 1832, directed the subdivision of the public lands into quarter-quarter sections; that in every case of the division of a half-quarter section the dividing line should run east and west, and that fractional sections should be 1 030*11^ ^?? r ? t^' subdivided, under rules and regulations prescribed by the a t Large, vol. 4, p. Secretary of the Treasury. Under the latter provision the 503. Section 2397, Secretary directed that fractional sections containing less i . ** Revised than 160 acres, or the residuary portion of a fractional section, after the subdivision into as many quarter-quarter sections as it is susceptible of, may be subdivided into lots, each containing the quantity of a quarter-quarter section as nearly as practicable, by so laying down the line of subdivision that they shall be 20 chains wide, which distances are to be marked on the plat of subdivision, as are also the areas of the quarter- quarters and residuary fractions. These two acts last mentioned provided that the corners and contents of half-quarter and quarter-quarter sections should be ascertained as nearly as possible in the manner and on the principles prescribed in the Act of Congress approved February 11, 1805. General Rules. From the foregoing synopsis of Congressional legislation it is evident 1st. That the boundaries of the public lands established and returned by the duly appointed Government surveyors, when approved by the surveyors- general and accepted by the Government, are unchangeable. 2d. That the original township, section, and quarter-section corners estab- lished by the Government surveyors must stand as the true corners which they were intended to represent, whether the corners be in place or not. 3d. That quarter-quarter corners not established by the Government sur- veyors shall be placed on the straight lines joining the section and quarter- section corners and midway between them, except on the last half mile of 36S section lines closing on the north and west boundaries of the township, or on other lines between fractional sections. 4th. That all subdivisional lines of a section running between corners established in the original survey of a township must be straight lines, run- ning from the proper corner in one section line to its opposite corresponding corner in the opposite section line. oth. That in a fractional section where no opposite corresponding corner has been or can be established, any required subdivision line of such section must be run from the proper original corner in the boundary line due east and west, or north and south, as the case may be, to the water course, Indian reservation, or other boundary of such section, with due parallelism to section lines. From the foregoing it will be plain that extinct corners of the Government surveys must be restored to their original locations, whenever it is possible to do" so; and hence resort should always be first had to the marks of the survey in the field. The locus of the missing corner should be first identified on the ground by the aid of -the mound, pits, line trees, bearing trees, etc., described in the field notes of the original survey. The identification of mounds, pits, witness trees, or other permanent objects noted in the field notes of survey, affords the best means of relocating the missing corner in its original position. If this can not be done, clear and convincing testimony of citizens as to the locality it originally occupied should be taken, if such can be obtained. In any event, whether the locus of the corner be fixed by the one means or the other, such locus should always be tested and confirmed by measurements to known corners. No definite rule can be laid down as to what shall be sufficient evidence in such cases, and much must be left to the skill, fidelity, and good judgment of the surveyor in the performance of his work. Exceptional Cases. When new measurements are made on a single line to determine the position thereon for a restored lost corner (for example, a quarter-section corner on line between two original section corners), or when new measure- ments are made between original corners on two lines for the purpose of fixing by their intersection the position of a restored missing corner (for example, a corner common to four sections or four townships), it will almost invariably happen that discrepancies will be developed between the new measurements and the original measurements in the field notes. When these differences occur the surveyor will in all cases establish the missing corner by proportionate measurements on lines conforming to the original field notes and by the method followed in the original survey. From this rule there can be no departure, since it is the basis upon which the whole operation depends for accuracy and truth. In cases where the relocated corner can not be made to harmonize with the field notes in all directions, and unexplained error in the first survey is apparent, it sometimes becomes the task of the surveyor to place it according to the requirements of one line and against the calls of another line. For instance, if the line between sections 30 and 31, reported 78 chains long, would draw the missing corner on range line 1 chain eastward out of range with the other exterior corners, the presumption would be strong that the range line had been run straight and the length of the section line wrongly reported, because experience shows that west random line are regarded as less important than range lines and more liable to error. Again, where a corner on a standard parallel has been obliterated, it is proper to assume that it was placed in line with other corners, and if an anomalous length of line reported between sections 3 and 4 would throw the closing corner into the northern township, a surveyor would properly assume that the older survey of the standard line is to control the length of the later and minor line. The marks or corners found on such a line closing to a standard parallel fix its location, but its length should be limited by its actual intersection, at which point the lost closing corner may be placed. The strict rule of the law that "all corners marked in the field shall be established as the corners which they were intended to designate," and the further rule that "the length of lines returned by the surveyors shall be held and considered as the true length thereof," are found in some cases to be impossible of fulfillment in all directions at once, and a surveyor is obliged to choose, in his own discretion, which of two or more lines must yield, in order to permit the rules to be applied at all. In a case of an erroneous but existing closing corner, which was set some distance out of the true State boundary of Missouri and Kansas, it was held by this office that a surveyor subdividing the fractional section should preserve the boundary as a straight line, and should not regard said closing corner as the proper corner of the adjacent fractional lots. The said corner was considered as fixing the position of the line between two fractional sec- tions, but that its length extended to a new corner to be set on the true boundary line. The surveyor should therefore preserve such an original corner as evidence of the line; but its erroneous position can not be allowed to cause a crook between mile corners of the original State boundary. It is only in cases where it is manifestly impossible to carry out the literal terms of the law, that a surveyor can be justified in making such a decision. The principle of the preponderance of one line over another of less importance has been recognized in the rule for restoring a section corner common to two townships in former editions of this circular. The new corner should be placed on the township line; and measurements to check its position by distances to corners within the townships are useful to confirm it if found to agree well, but should not cause it to be placed off the line if found not to agree, if the general condition of the boundary supports the presumption that it was properly alined. To Restore Lost or Obliterated Corners. 1. To restore corners on base lines and standard parallels. Lost or oblit- erated standard corners will be restored to their original positions on a base line, standard parallel, or correction line, by proportionate measurements on the line, conforming as nearly as practicable to the original field notes and joining the nearest identified original standard corners on opposite sides of the missing corner or corners, as the case may be. (a) The term "standard corners" will be understood to designate standard township, section, quarter-section, and meander corners; and, in addition, closing corners, as follows: Closing corners used in the original survey to determine the position of a standard parallel, or established during the survey of the same, will, with the standard corners, govern the alinement and measurements made to restore lost or obliterated standard corners; but no other closing corners will control in any manner the restoration of standard corners on a base line or standard parallel. (b) A lost or obliterated closing corner from which a standard parallel has been initiated or to which it has been directed will be reestablished in its original place by proportionate measurement from the corners used in the original survey to determine its position. Measurements from corners on the opposite side of the parallel will not control in any manner the relocation of said corner. (c) A missing closing corner originally established during the survey of a standard parallel as a corner from which to project surveys south will be restored to its original position by considering it a standard corner and treating it accordingly. (d) Therefore, paying attention to the preceding explanations, we have for the restoration of one or several corners on a standard parallel, and for general application to all other surveyed lines, the following proportion: As the original field-note distance between the selected known corners is to the new measure of said distance, so is the original field-note length of any part of the line to the required new measure thereof. The sum of the computed lengths of the several parts of a line must be equal to the new measure of the whole distance. (e) As has been observed, existing original corners can not be disturbed; consequently discrepancies between the new and the original field-note measurements of the line joining the selected original corners will not in any manner affect measurements beyond said corners, but the differences will be distributed proportionately to the several intervals embraced in the line in question. (f) After having checked each now location by measurement to the nearest known corners, now corners will he established permanently and new bearings an-1 measurements taken to prominent objects, which should be of as permanent a chnractor ;is possible, and the same recorded for future reference. 2. Eestoration of township corners common to four townships. Two cases should be clearly recognized: 1st. Where the position of the original township 370 corner has been made to depend upon measurements on two lines at right angles to each other. 2d. Where the original corner has been located by measurements on one line only; for example, on a guide meridian. (a) For restoration of a township corner originally subject to the first condition: A line will first be run connecting the nearest identified original corners on the meridional township lines, north and south of the missing corner, and a temporary corner will be placed at the proper proportionate distance. This will determine the corner in a north and south direction onl^y. Next, the nearest original corners on the latitudinal township lines will be connected and a point thereon will be determined in a similar manner, inde- pendent of the temporary corner on the meridional line. Then through the first temporary corner run a line east (or west) and through the second temporary corner a line north (or south), as relative situations may suggest. The inter- section of the two lines last run will define the position of the restored township corner, which may be permanently established. (b) The restoration of a lost or obliterated township corner established under the second conditions, i. e., by measurements, on a single line, will be effected by proportionate measurements on said line, between the nearest identified original corners on opposite sides of the missing township corner, as before described. 3. Keestablishment of corners common to two townships. The two near- est known corners on the township line, the same not being a base or a correction line, will be connected as in case No. 1, by a right line, and the missing corner established by proportionate distance as directed in that case; the location thus found will be checked upon by measurements to nearest known section or quarter-section corners north and south, or east and west, of the township line, as the case may be. 4. Eeestablishment of closing corners. Measure from the quarter-section, section, or township corner east or west, as the case may be, to the next preceding or succeeding corner in the order of original establishment, and reestablish the "missing closing corner by proportionate measurement. The line upon which the closing corner was originally established should always be remeasured, in order to check upon the correctness of the new location. See pages 8, 12, and 13 for details. 5. Eeestablishment of interior section corners. This class of corners should be reestablished in the same manner as corners common to four town- ships. In such cases, when a number of corners are missing on all sides of the one sought to be reestablished, the entire distance must, of course, be re- measured between the nearest existing recognized corners both north and south, and east and west, in accordance with the rule laid down, and the new corner reestablished by proportionate measurement. The mere measurement in any one of the required directions will not suffice, since the direction of the several section lines running northward through a township, or running east and west, are only in the most exceptional cases true prolongations of the alinement of the section lines initiated on the south boundary of the township; while the east and west lines running through the township, and theoretically supposed to be at right angles with the former, are seldom in that condition, and the alinements of the closing lines on the east and west boundaries of the township, in connection with the interior section lines, are even less often in accord. Moreover, the alinement of the section line itself from corner to corner, in point of fact, also very frequently diverges from a right line, although pre- sumed to be such from the record contained in the field notes and so designated on the plats, and becomes either a broken or a curved line. This fact will be determined, in a timbered country, by the blazes which may be found upon trees on either side of the line, and although such blazed line will not strictly govern as to the absolute direction assumed by such line, it will assist very materially in determining its approximate direction, and should never be neglected in retracements for the reestablishment of lost corners of any description. Sight trees described in the field notes, together with the recorded distances to same, when fully identified, will, it has been held, in one or more States, govern the line itself, even when not in a direct or straight line between established corners, which line is then necessarily a broken line by passing through said sight trees. Such trees, when in existence and properly identified beyond a question of doubt, will very materially assist in evidencing the correct relocation of a missing corner. It is greatly to be regretted that the earlier field notes of survey are so very meager in the notation of the topography found on the original line, which might in very many instances materially lessen a surveyor's labors iu retracement of lines 371 . and reestablishment of the required missing corner. In the absence of such sight trees and other evidence regarding the line, as in an open country, or where such evidence has been destroyed by time, the elements, or the progress of improvement, the line connecting the known corners should be run straight from corner to corner. 6. Reestablishment of quarter-section corners on township boundaries. Only one set of quarter-section corners are actually marked in the field on township lines, and they are established at the time when the township exteriors are run. When double section corners are found, the quarter-section corners are considered generally as standing midway between the corners of their respective sections, and when required to be established or reestablished, as the case may be, they should be generally so placed; but great care should be exercised not to mistake the corners belonging to one township for those of another. After determining the proper section corners marking the line upon which the missing quarter-section corner is to be reestablished, and measuring said line, the missing quarter-section corner will be reestablished in accordance with the requirements of the original field notes of survey, by proportionate measurement between the section corners marking the line. Where there are double sets of section corners on township and range lines, and the quarter-section corners for sections south of the township or east of the range lines are required to be established in the field, the said quarter- section corners should be so placed as to suit the calculation of areas of the quarter-sections adjoining the township boundaries as expressed upon the official township plat, adopting proportionate measurements when the present measurement of the north and west boundaries of the section differ from the original measurements. 7. Reestablishment of quarter-section corners on closing section lines between fractional sections. This class of corners must be reestablished ac- cording to the original measurement of 40 chains from the last interior section corner. If the measurements do not agree with the original survey, the excess or deficiency must be divided proportionately between the two distances as expressed in the field notes of original survey. The section corner started from and the corner closed upon should be connected by a right line, unless the retracement should develop the fact that the section line is either a broken or curved line, as is sometimes the case. 8. Reestablishment of interior quarter-section corners. In some of the older surveys these corners are placed at variable distances, in which case the field notes of the original survey must be consulted, and the quarter- section corner reestablished at proportionate distances between the correspond- ing section corners, in accordance therewith. The later surveys being more uniform and in stricter accordance with law, the missing quarter-section corner must be reestablished equidistant between the section corners marking the line, according to the field notes of the original survey. The remarks made under section 5, in relation to section lines, apply with full force here also; the caution there given not to neglect sight trees is equally applicable, since the proper reestablishment of the quarter-section corner may in some instances very largely depend upon its observance, and avoid one of the many sources of litigation. 9. Where double corners were originally established, one of which is standing, to reestablish the other. It being remembered that the corners established when the exterior township lines were run, belong to the sections in the townships north and west of those lines, the surveyor must first determine beyond a doubt to which sections the existing corner belongs. This may be done by testing the courses and distances to witness trees or other objects noted in the original field notes of survey, and by remeasuring distances to known corners. Having determined to which township the existing corner belongs, the missing corner may be reestablished in line north or south of the existing corner as the case may be, at the distance stated in the field notes of the original survey, by proportionate measurement, and tested by retracement to the opposite corresponding corner of the section to which the missing section corner belongs. These double corners being generally not more than a few chains apart, the distance between them can be more accurately laid off, and it is considered preferable to first establish the missing corner as above, and check upon the corresponding interior corner, than to reverse the proceeding; since the result obtained is every way more accurate and satis- factory. 10. Wliere double corners were originally established, and both are miss- 372 ing, to reestablish the one established when the township line was run. The surveyor will connect the nearest known corners on the township line by a right line, being careful to distinguish the section from the closing corners, and reestablish the missing corner at the point indicated by the field notes of the original survey by proportionate measurement. The corner thus restored will be common to two sections either north or west of the township boundary, and the section north or west, as the case may be, should be carefully retraced, thus checking upon the reestablished corner, and testing the accuracy of the result. It can not be too much impressed upon the surveyor that any measure- ments to objects on line noted in the original survey are means of determining and testing the correctness of the operation. 11. Where double corners were originally established, and both are miss- ing, to reestablish the one established when the township was subdivided. The corner to be reestablished being common to two sections south or cast of the township line, the section line closing on the missing section corner should be first retraced to an intersection with the township line in the manner previously indicated, and a temporary corner established at the point of inter- section. The township line will of course have been previously carefully retraced in accordance with the requirements of the original field notes of the survey, and marked in such manner as to be readily identified when reaching the same with the retraced section line. The location of the temporary corner planted at the point of interstction will then be carefully tested and verified by measurements to objects and known corners on the township line, as noted in the original field notes of survey, and the necessary corrections made in such relocation. A permanent corner will then be erected at the corrected location on the township line, properly marked and witnessed and recorded for future requirements. 12. Where triple corners were originally established on range lines, one or two of which have become obliterated, to reestablish either of them. It will be borne in mind that only two corners were established as actual corners of sections, those established on the range line not corresponding with the subdivisional survey east or west of said range line. The surveyor will, therefore, first proceed to identify the existing corner or corners, as the case may be, and then reestablish the missing corner or corners in line north or south, according to the distances stated in the original field notes of survey in the manner indicated for the reestablishment of double corners, testing the accuracy of the result obtained, as hereinbefore directed in other cases. If, however, the distances between the triple corners are not stated in the original field notes of survey, as is frequently the case in the returns of older surveys, the range line should be first carefully retraced, and marked in a manner sufficiently clear to admit of easy identification upon reaching same during the subsequent proceedings. The section lines closing upon the missing corners must then be retraced in accordance with the original field notes of survey, in the manner previously indicated and directed, and the corners reestablished in the manner directed in the case of double corners. The surveyor can not be too careful, in the matter of retracement, in following closely all the recorded indications of the original line, and nothing, however slight, should be neg- lected to insure the correctness of the retracement of the original line; since there is no other cheek upon the accuracy of the reestablishment of the missing corners, unless the entire corresponding section lines are measured by propor- tional measurement and the result checked by a recalculation of the areas as originally returned, which, at best, is but a very poor check, because the areas expressed upon the margin of many plats of the older surveys are erroneously stated on the face of the plats, or have been carelessly calculated. 13. Where triple corners were originally established on range lines, all of which are missing, to reestablish same. These corners should be reestab- lished in accordance with the foregoing directions, commencing with the corner originally established when the range line was run, establishing the same in accordance with previously given directions for restoring section and quarter- section corners; that is to say, by remeasuring between the nearest known corners on said township line, and reestablishing the same by proportionate measurement. The two remaining will then be reestablished in conformity with the general rules for reestablishment of double corners. 14. Reestablishment of meander corners. Before proceeding with the reestablishment of missing meander corners, the surveyor should have carefully rechained at least three of the section lines between known corners of the township within which the lost corner is to be relocated, in order to establish 373 the proportionate measurement to be used. This requirement of preliminary remeasurement of section lines must in no case be omitted; since it gives the only data upon which the fractional section line can be remeasured propor- tionately, the corner marking the terminus, or the meander corner, being missing, which it is intended to reestablish. The. missing meander corner will be reestablished on the section or township line retraced in its original location, by the proportionate measurement found by the preceding operations, from the nearest known coiner on such township or section line, in accordance with the requirements of the original field notes of survey. Meander corners hold the peculiar position of denoting a point on line between landowners, without usually being the legal terminus or corner of the lands owned. Leading judicial decisions have affirmed that meander lines are not strictly boundaries, and do not limit the ownership to the exact areas placed on the tracts, but that said title extends to the water, which, by the plat, appears to bound the land. As such water boundaries are, therefore, subject to change by the en- croachment or recession of the stream or lake, the precise location of old meanders is seldom important, unless in States whose laws prescribe that dried lake beds are the property of the State. Where the United States has disposed of the fractional lots adjacent to shores, it claims no marginal lands left by recession or found by reason of erroneous survey. The lines between landowners are therefore regarded as extended beyond the original meander line of the shore, but the preservation or relocation of the meander corner is important, as evidence of the position of the section line. The different rules by which division lines should be run between private owners of riparian accretions are a matter of State legislation, and not subject to a general rule of this Office. 15. Fractional section lines. County and local surveys being sometimes called upon to restore fractional sectional lines closing upon Indian, military, or other reservations, private grants, etc., such lines should be restored upon the same principles as directed in the foregoing pages, and cheeked whenever possible upon such corners or monuments as have been placed to mark such boundary lines. In some instances corners have been moved from their original position, either by accident or design, and county surveyors are called upon to restore such corners to their original positions, but, owing to the absence of any and all means of identification of such location, are unable to make the result of their work acceptable to the owners of the lands affected by such corner. In such cases the advice of this Office has invariably been to the effect that the relocation of such corner must be made in accordance with the orders of a court of competent jurisdiction, the United States having no longer any authority to order any changes where the lands affected by such corner have been disposed of. Records. The original evidences of the public-land surveys in the following States have been transferred, under the provisions of sections 2218, 2219, and 2220, United States Revised Statutes, to the State authorities, to whom application should be made for such copies of the original plats and field notes as may be desired, viz: Alabama: Secretary of State, Montgomery. Arkansas: Commissioner of State Lands, Little Rock. Illinois: Auditor of State, Springfield. Indiana: Auditor of State, Indianapolis. Iowa: Secretary of State, Des Moines. Kansas: Auditor of State and Register of State Lands, Topeka. Michigan: Commissioner of State Land Office, Lansing. Mississippi: Commissioner of State Lands, Jackson. Missouri: Secretary of State, Jefferson City. Nebraska: Commissioner of Public Lands and Buildings, Lincoln. Ohio: Auditor of State, Columbus. Wisconsin: Commissioners of Public Lands, Madison. In other public-land States the original field notes and plats are retained in the offices of the United States surveyors general. Subdivision of Sections. ^ This Office being in receipt of many letters making inquiry in regard to the 374 proper method of subdividing sections of the public lands, the following general rules have been prepared as a reply to such inquiries. The rules for subdivision are based upon the laws governing the survey of the public lands. When cases arise which are not covered by these rules, and the advice of this office in the matter is desired, the letter of inquiry should, in every instance, contain a description of the particular tract or corner, with reference to township, range, and section of the public surveys, to enable the office to consult the record; also a diagram showing conditions found: 1. Subdivision of sections into quarter sections. Under the provisions of the Act of Congress approved February 11, 1805, the course to be pursued in the subdivision of sections into quarter sections is to run straight lines from the established quarter-section corners, United States surveys, to the opposite corresponding corners. The point of intersection of the lines thus run will be the corner common to the several quarter sections, or, in other words, the legal center of the section. (a) Upon the lines closing on the north and west boundaries of a town- ship, the quarter-section corners are established by the United States deputy surveyors at 40 chains to the north or west of the last interior section corners, and the excess or deficiency in the measurement is thrown into the half mile next to the township or range line, as the case may be. (b) Where there are double sets of section corners on township and range lines, the quarter corners for the sections south of the township lines and east of the range lines are not established in the field by the United States deputy surveyors, but in subdividing such sections said quarter corners should be so placed as to suit the calculations of the areas of the quarter sections adjoining the township boundaries as expressed upon the official plat, adopting proportionate measurements where the new measurements of the north or west boundaries of the section differ from the original measurements. 2. Subdivision of fractional sections. Where opposite corresponding corners have not been or can not be fixed, the subdivision lines should be ascertained by running from the established corners due north, south, east, or west lines, as the case may be, to the water course, Indian boundary line, or other boundary of such fractional section. (a) The law presumes the section lines surveyed and marked in the field by the United States deputy surveyors to be due north and south or east and west lines, but in actual experience this is not always the case. Hence, in order to carry out the spirit of the law, it will be necessary in running the subdivisional lines through fractional sections to adopt mean courses where the section lines are not due lines, or to run the subdivision line parallel to the east, south, west, or north boundary of the section, as conditions may require, where there is no opposite section line. 3. Subdivision of quarter sections in to quarter quarters. Preliminary to the subdivision of quarter sections, the quarter-quarter corners will be estab- lished at points midway between the section and quarter-section corners, and between quarter corners and the center of the section, except on the last half mile of the lines closing on the north or west boundaries of a township, where they should be placed at 20 chains, proportionate measurement, to the north or west of the quarter-section corner. (a) The quarter-quarter section corners having been established as directed above, the subdivision lines of the quarter section will be run straight between opposite corresponding quarter-quarter section corners on the quarter- section boundaries. The intersection of the lines thus run will determine the place for the corner common to the four quarter-quarter sections. 4. Subdivision of fractional quarter sections. The subdivision lines of fractional quarter sections will be run from properly established quarter-quarter section corners (paragraph 3) due north, south, east, or west, to the lake, water course, or reservation which renders such tracts fractional, or parallel to the east, south, west, or north boundary of the quarter section, as conditions may require. (See paragraph 2 (a).) 5. Proportionate measurement. By "proportionate measurement," as used in this circular, is meant a measurement having the same ratio to that recorded in the original field notes as the length of chain used in the new measurement has to the length of chain used in the original survey, assuming that the original and new measurements have been correctly made. For example: The length of the line from the quarter-section corner on the west side of sec. 2, T. 24 N., R. 14 E, Wisconsin, to the north line of the township, by the United States deputy surveyor's chain, was reported as 45.40 375 chains, and by the county surveyor's measure is reported as 42.90 chains; then the distance which the quarter-quarter section corner should be located north of the quarter-section corner would be determined as follows: As 45.40 chains, the Government measure of the whole distance, is to 42.90 chains, the county surveyor's measure of the same distance, so is 20.00 chains, original measurement, to 18.90 chains by the county surveyor's measure, showing that by proportionate measurement in this case the quarter-quarter section corner should be set at 18.90 chains north of the quarter-section corner, instead of 20.00 chains north of such corner, as represented on the official plat. In this manner the discrepancies between original and new measurements are equitably distributed. Binger Hermann, Commissioner. Department of the Interior, March 14, 1901. Approved : E. A. Hitchcock, Secretary. UNITED STATES MINING LAWS, AND REGULATIONS THEREUNDER, RELATIVE TO THE RESERVATION, EX- PLORATION, LOCATION, POSSESSION, PURCHASE, AND PATENTING OF THE MINERAL LANDS IN THE PUBLIC DOMAIN. Approved March 29, 1909. 37 L. D., 728-766. For Index see Page-6S&.(H-3<^ Department of the Interior, General Land Office. LAWS. TITLE XXXII, CHAPTER 6, REVISED STATUTES. Mineral Lands and Mining Resources. Sec. 2318. In all cases lands valuable for minerals shall be reserved from sale, except as otherwise ex- pressly directed by law. Sec. 2319. All valuable mineral deposits in lands res ^vld al lands belonging to the United States, both surveyed and un- surveyed, are hereby declared to be free and open to c . 4 iQo^ ly s. If 6 ?', exploration and purchase, and the lands in which they 14 j tf f ne fa' 1 lands are found to occupation and purchase, by citizens of -open to purchase the United States and those who have declared their by dti2 ' intention to become such, under regulations prescribed c ^go 1 ^' i 872 ,' by law, and according to the local customs or rules of IT, p.~9i.' miners in the several mining districts, so far as the same are applicable and not inconsistent with the laws of the United States. Sec. 2320. Mining claims upon veins or lodes of ^^^^ ^^ quartz or other rock in place bearing gold, silver, cin- veins or iodes. nabar, lead, tin, copper, or other valuable deposits, " 10 May, isY^ heretofore located, shall be governed as to length along ^ ? 1 >2> 91 S - 2 - v - 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 per- sons, 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 dis- covery of the vein or lode within the limits of the claim 376 located. No claim shall extend more than three hun- dred 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 ad- verse rights existing on the tenth day of May, eighteen hundred and seventy-two, render such limitation neces- sary. The end lines of each claim shall be parallel to each other. f clti " Sec - 2 ? 21 - Proof of citizenship, ruder this chapter, may consist, in the case of an individual, of his own , , c. l ?ra?"I' rf'v! affidavit thereof; in the case of an association of per- il, p. 04. sons unincorporated, of the affidavit of their authorized agent, made on his own knowledge or upon informa- tion and belief; and in the case of a corporation or- ganized under the laws of the United States, or of any State or Territory thereof, by the filing of a certified copy of their charter or certificate of incorporation. rights of 1 posts' Sec - 2322 - The locators of all mining locations Bion and enjoy- heretofore made or which shall hereafter be made, on ! ent ' ___ any mineral vein, lode, or ledge, situated on the public c ^o-^s' 3 8 "v' domain, their heirs and assigns, where no adverse claim 17, pf'oi.' ' 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 through- out their entire depth, the top or apex of which lies inside of such surface lines extended downward ver- tically, although such veins, lodes, or ledges may so far depart from a perpendicular in their course down- ward 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 ver- tical planes draw r n 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 authorize the locator or possessor of a vein or lode which extends in its down- ward course beyond the vertical lines of his claim to enter upon the surface of a claim owned or possessed by another. owners of g eCi 2323. Where a tunnel is run for the develop- tunnels, rights . , .. , ,. of. ment of a vein or lode, or for the discovery or mines, 10 May, 1872, the owners of such tunnel shall have the right of pos- vr n 52 r2 S ' 4> v ' session of all veins or lodes within three thousand feet from the face of such tunnel on the line thereof, not previously known to exist, discovered in such tunnel, 377 to the same extent as if discovered from the surface; and locations on the line of such tunnel of veins or lodes not appearing on the surface, made by other parties after the commencement of the tunnel, and while the same is being prosecuted with reasonable diligence, shall be invalid, but failure to prosecute the work on the tunnel for six months shall be considered as an abandonment of the right to all undiscovered veins on the line of such tunnel. Sec. 2324. The miners of each mining district may ma d e cg by' "miners' make regulations not in conflict with the laws of the United States, or with the laws of the State or Terri- . 1 f 8 aT*S: r, 87 ?! tory in which the district is situated, governing the 17 - >' !l - > - location, manner of recording, amount of work nec- essary 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 de- scription 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 con- ditions the claim or mine upon which such failure oc- curred shall be open to relocation in the same man- ner as if no location of the same had ever been made, provided that the original locators, their heirs, as- signs, 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 no- tice in writing or notice by publication in the news- paper 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 publi- cation such delinquent should fail or refuse to con- tribute his proportion of the expenditure required by 378 this section his interest in the claim shall become the property of his co-owners who have made the required expenditures, rntonts for g ee 2325. A patent for any land claimed and lo- mineral lands, . . h<>\v obtained. cated for valuable deposits may be obtained in the io~MnyT~i872i following manner : Any person, association, or cor- 17 1 f 2 -^' C>> v ' P ora tin authorized to locate a claim under this chap- ter, 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, show- ing 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 con- spicuous place on the land embraced in such plat pre- vious 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 fol- lowing: 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 no- tice 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 cor- rect, with such further description by such reference to natural objects or permanent monuments as shall 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, ex- cept it be shown that the applicant has failed to com- ply with the terms of this chapter. 379 Sec. 2326. Where an adverse claim is filed during Adverse claim. ., . , ,, , ,. . . , , . proceedings on. the period of publication, it shall be upon oath of the - person or persons making the same, and shall show c . 1 i52, Ia s.' 7^'v! the nature, boundaries, and extent of such adverse 17 > P- o:! - claim, and all proceedings, except the publication of notice and making and filing of the affidavit thereof, shall be stayed until the controversy shall have been settled or decided by a court of competent jurisdic- tion, or the adverse claim waived. It shall be the duty of the adverse claimant, within thirty days after filing his claim, to commence proceedings in a court of competent jurisdiction, to determine the question of the right of possession, and prosecute the same with reasonable diligence to final judgment; and a failure so to do shall be a waiver of his adverse claim. After such judgment shall have been rendered, the party entitled to the possession of the claim, or any portion thereof, may, without giving further notice, file a cer- tified copy of the judgment-roll with the Register of the land office, together with the certificate of the surveyor-general that the requisite amount of labor has been expended or improvements made thereon, and the description required in other cases, and shall pay to the Receiver five dollars per acre for his claim, together with the proper fees, whereupon the whole proceedings and the judgment-roll shall be certified by the Register to the Commissioner of the General Land Office, and a patent shall issue thereon for the claim, or such portion thereof as the applicant shall appear, from the decision of the court, to rightly pos- sess. If it appears from the decision of the court that several parties are entitled to separate and different portions of the claim, each party may pay for his portion of the claim with the proper fees, and file the certificate and description by the Surveyor- General, whereupon the Register shall certify the pro- ceedings and judgment-roll to the Commissioner of the General Land Office, as in the preceding case, and patents shall issue to the several parties according to their respective rights. Nothing herein contained shall be construed to prevent the alienation of a title conveyed by a patent for a mining claim to any person whatever. Sec. 2327. The description of vein or lode claims m^" 1 ^*!, ,? {|J upon surveyed lands shall designate the location of lode n 3;! ul s' i2 87 y' claims f any size, although such claims may be less is, p. '217. ' than ten acres each, may make joint entry thereof; but no location of a placer claim, made after the ninth day of July, eighteen hundred and seventy, shall ex- ceed one hundred and sixty acres for any one person or association of persons, which location shall conform to the United States surveys; and nothing in this sec- tion contained shall defeat or impair any bona fide preemption or homestead claim upon agricultural lands, or authorize the sale of the improvements of any bona fide settler to any purchaser. conformity of g ec 2331. Where placer claims are upon surveyed placer claims to IIIT-- v> claim, with the statement that it includes such vein or lode, and in such case a patent shall issue for the placer claim, subject to the provisions of this chapter, including such vein or lode, upon the payment of five dollars per acre for such vein or lode claim and twenty- five feet of surface on each side thereof. The re- mainder of the placer claim or any placer claim not embracing any vein or lode claim shall be paid for at the rate of two dollars and fifty cents per acre, to- gether with all costs of proceedings; and where a vein or lode, such as is described in section twenty-three hundred and twenty, is known to exist within the boundaries of a placer claim, an application for a patent for such placer claim which does not include an application for the vein or lode claim shall be con- strued as a conclusive declaration that the claimant of the placer claim has no right of possession of the vein or lode claim ; but where the existence of a vein or lode in a placer claim is not known, a patent for the placer claim shall convey all valuable mineral and other deposits within the boundaries thereof. Sec. 2334. The surveyor-general of the United e ra S i ur to yo a r P po?nt States may appoint in each land district containing surveyors of iii v 11 mining claims, mineral lands as many competent surveyors as shall etc. apply for appointment to survey mining claims. The 10 Mayi 1872> expenses of the survey of vein or lode claims, and the <*._ i2. s.'i2, v! survey and subdivision of placer claims into smaller 1 '' p> ' quantities than one hundred and sixty acres, together 382 with the cost of publication of notices, shall be paid by the applicants, and they shall be at liberty to ob- tain the same at the most reasonable rates, and they shall also be at liberty to employ any United States deputy surveyor to make the survey. The Commis- sioner of the General Land Office shall also have power to establish the maximum charges for surveys and pub- lication of notices under this chapter; and, in case of excessive charges for publication, he may designate any newspaper published in a land district where mines are situated for the publication of mining no- tices in such district, and fix the rates to be charged by such paper; and, to the end that the Commissioner may be fully informed on the subject, each applicant shall file with the Register a sworn statement of all charges and fees paid by such applicant for publica- tion and surveys, together with all fees and money paid the Register and the Receiver of the land office, which statement shall be transmitted, with the other papers in the case, to the Commissioner of the General Land Office. f Sec - 2335 - Ml affidavits required to be made under this chapter may be verified before any officer author- c. Vy^f* i3? 7 v! ized to administer oaths within the land district where 17, p. 95. the claims may be situated, and all testimony and proofs may be taken before any such officer, and, when duly certified by the officer taking the same, shall have the same force and effect as if taken before the Reg- ister and Receiver of the land office. In cases of con- test as to the mineral or agricultural character of land, the testimony and proofs may be taken as herein pro- vided on personal notice of at least ten days to the opposing party; or if such party can not be found, then by publication of at least once a week for thirty days in a newspaper, to be designated by the Register of the land office as published nearest to the location of such land ; and the Register shall require proof that such notice has been given. intersect etV * ^ec. 2336. Where two or more veins intersect or cross each other, priority of title shall govern, and c. ^2^' 14? 'v! such prior location shall be entitled to all ore or min- 17. p. 96. era j contained within the space of intersection ; but the subsequent location shall have the right of way through the space of intersection for the purposes of the convenient working of the mine. And where two or more veins unite, the oldest or prior location shall take the vein below the point of union, including all the space of intersection. Patents for g ec 2337. "Where nonmineral land not contiguous nonmlneral . . . c lands, etc. to the vein or lode is used or occupied by the pro- 10 May, i872,prietor of such vein or lode for mining or milling pur- 17 152> 96' 15 ' v ' P oses J such nonadjacent surface ground may be em- braced and included in an application for a patent for 383 such vein or lode, and the same may be patented there- with, subject to the same preliminary requirements as to survey and notice as are applicable to veins or lodes ; but no location hereafter made of such nonadjacent land shall exceed five acres, and payment for the same must be made at the same rate as fixed by this chapter for the superficies of the lode. The owner of a quartz mill or reduction works, not owning a mine in connec- tion therewith, may also receive a patent for his mill site, as provided in this section. Sec. 2338. As a condition of sale, in the absence tl ^ s h f saiemay of necessary legislation by Congress, the local legisla- be made by local ture of any State or Territory may provide rules for ire ' working mines, involving easements, drainage, and c 2 | 6 o u1 ^' other necessary means to their complete development ; 14, p.~252. and those conditions shall be fully expressed in the patent. Sec. 2339. Whenever, by priority of possession, to V u|e e( of water rights to the use of water for mining, agricultural, for mining, etc. ; manufacturing, or other purposes, have vested and canais * way for accrued, and the same are recognized and acknowl- } edged by the local customs, laws, and the decisions of c. 262. u _s.' 9, courts, the possessors and owners of such vested rights 14> p< 2o3 ' shall be maintained and protected in the same; and the right of way for the construction of ditches and canals for the purposes herein specified is acknowl- edged and confirmed ; but whenever any person, in the construction of any ditch or canal, injures or damages the possession of any settler on the public domain, the party committing such injury or damage shall be liable to the party injured for such injury or damage. Sec. 2340. All patents granted, or preemption or em ^*onsf' a P n" e d homesteads allowed, shall be subject to any vested and homesteads sub- vA -U... j-4. J ect to vested accrued water rights, or rights to ditches and reser- and accrued voirs used in connection with such water rights, as water may have been acquired under or recognized by the 9 July, j. ,. c. 235, s. 17, v. preceding section. 16, p. 218. Sec. 2341. Wherever, upon the lands heretofore Mineral lands designated as mineral lands, which have been excluded v luabie mines from survey and sale, there have been homesteads Jj td sc hom e e? made by citizens of the United States, or persons who steads. have declared their intention to become citizens, which 26 July, 1866, homesteads have been made, improved, and used for - 4 2 p 2 o 5 3 10 ' v ' agricultural purposes, and upon which there have been no valuable mines of gold, silver, cinnabar, or copper discovered, and which are properly agricultural lands, the settlers or owners of such homesteads shall have a right of preemption thereto, and shall be entitled to purchase the same at the price of one dollar and twenty-five cents per acre, and in quantity not to ex- ceed one hundred and sixty acres; or they may avail themselves of the provisions of chapter five of this Title, relating to "Homesteads." 384 lrt d a* Sec - 2342 - LT P on * he survey of the lands described agricultural in the preceding section, the Secretary of the Interior i ands ' __ may designate and set apart such portions of the same c 2 2 6 6'> Ju s y * ii 86 v' as are e l ear b r agricultural lands, which lands shall i4,"p.~253. ' thereafter be subject to preemption and sale as other public lands, and be subject to all the laws and regu- lations applicable to the same. rtJSd 1 ofl2 Sec - . 2343 - The President is authorized to estab- cers, power oflish additional land districts, and to appoint the neces- provide? 8 tO sary officers under existing laws, wherever he may 26 July 1866, ^ eem *^ e same necessary for the public convenience c. 262, _|.' 7, v.'in executing the provisions of this chapter. 1 Provisions of Sec. 2344. Nothing contained in this chapter shall to is affect pt ce r rtain ^ e construed to impair, in any way, rights or interests rights. ^in mining property acquired under existing laws; nor 10 May, 1872, to affect the provisions of the Act entitled "An Act 17 1 p 2 96 S ' 16> v ' g ran ting to A. Sutro the right of way and other privi- b July, 1870, leges to aid in the construction of a draining and i'6, 2 p?'2i8. 17 ' v ' exploring tunnel to the Comstock lode, in the State of Nevada," approved July twenty-five, eighteen hundred and sixty-six. in^ertafn state! ^ec. 2345- Tne provisions of the preceding sections excepted. ' of this chapter shall not apply to the mineral lands is Feb., 1873^ situated in the States of Michigan, Wisconsin, and 465 159 ' v ' 17 ' p> Minnesota, which are declared free and open to ex- ploration and purchase, according to legal subdivisions, in like manner as before the tenth day of May, eighteen hundred and seventy-two. And any bona fide entries of such lands within the States named since the tenth day of May, eighteen hundred and seventy-two, may be patented without reference to any of the fore- going provisions of this chapter. Such lands shall be offered for public sale in the same manner, at the same minimum price, and under the same rights of preemption as other public lands. Grant of lands g ec 2346. No act passed at the first session of the to States or cor- .,.,.,/-. ,. IT norations not to Thirty-eighth Congress, granting lands to States or iands de min al corporations to aid in the construction of roads or for 3Q Jan g- other purposes, or to extend the time of grants made " a Res. NO. ";p, v.' prior to the thirtieth day of January, eighteen hun- dred and sixty-five, shall be so construed as to em- brace mineral lands, which in all cases are reserved exclusively to the United States, unless otherwise specially provided in the Act or Acts making the grant. 385 ACTS OF CONGRESS PASSED SUBSEQUENT TO THE REVISED STATUTES. An Act to amend the Act entitled "An Act to promote the development of the mining resources of the United States," passed May tenth, eighteen hundred and seventy-two. Be it enacted by the Senate and House of Repre- , . /> ,t TT ., , , . ~ prior to May 10. sentatives 01 the United States of America in Congress 1872, first un- assembled, That the provisions of the fifth section of e^endeTt^jan! the Act entitled "An Act to promote the development 1 1875 - of the mining resources of the United States," passed Act of ci>. claims located prior to the passage of said Act, are hereby so amended that the time for the first annual expenditure on claims located prior to the passage of said Act shall be extended to the first day of January, eighteen hundred and seventy-five. An Act to amend section two thousand three hundred and twenty-four of the Revised Statutes, relating to the develop- ment of the mining resources of the United States. Be it enacted by the Senate and House of Repre- * Ion <;y expond- e ^i TT A i n f t ed in a tunnel sentatives of the United States of America in Congress considered as ex- assembled, That section two thousand three hundred Po e d n e ded and twenty-four of the Revised Statutes be, and the -^ same is hereby, amended so that where a person or gress approved company has or may run a tunnel for the purpose of ffg' ^ht. developing a lode or lodes, owned by said person or 315). company, the money so expended in said tunnel shall be taken and considered as expended on said lode or lodes, whether located prior to or since the passage of said Act; and such person or company shall not be required to perform work on the surface of said lode or lodes in order to hold the same as required by said Act. An Act to exclude the States of Missouri and Kansas from the provisions of the Act of Congress entitled "An Act to promote the development of the mining resources of the United States," approved May tenth, eighteen hundred and seventy-two. Be it enacted from the Senate and House of Repre- sentatives of the United States of America in Congress from the opera- assembled, That within the States of Missouri and era" i f ws be Kansas deposits of coal, iron, lead, or other mineral be, ~ ^^ and they are hereby, excluded from the operation of SI-PS* approved the Act entitled "An Act to promote the development ItatA., 1 Sj.' 1! of the mining resources of the United States," ap- proved May tenth, eighteen hundred and seventy-two, and all lands in said States shall be subject to disposal as agricultural lands. An Act authorizing the citizens of Colorado, Nevada, and the Territories to fell and remove timber on the public domain for mining and domestic purposes. 386 rado! nS Nev C ada," Be ii; enacted by the Senate and House of Repre- and the Terri- sentatives of the United States of America in Congress to ri f s eii au and riz r e e d - assembled, That all citizens of the United States and IT pSfflc* do otner persons, bona fide residents of the State of Colo- main for mining rado, or Nevada, or either of the Territories of New purposes" 6 'Mexico, Arizona, Utah, Wyoming, Dakota, Idaho, or ~ ^ ^7 Montana, and all other mineral districts of the United gress approved States, shall be, and are hereby, authorized and per- stat L^lsl.^niitted to fell and remove, for building, agricultural, mining, or other domestic purposes, any timber or other trees growing or being on the public lands, said lands being mineral, and not subject to entry under existing laws of the United States, except for mineral entry, in either of said States, Territories, or districts of which such citizens or persons may be at the time bona fide residents, subject to such rules and regula- tions as the Secretary of the Interior may prescribe for the protection of the timber and of the under- growth growing upon such lands, and for other pur- poses: Provided, The provisions of this Act shall not extend to railroad corporations. Sec. 2. That it shall be the duty of the Register and the Receiver of any local land office in whose dis- trict any mineral land may be situated to ascertain from time to time whether any timber is being cut or used upon any such lands, except for the purposes authorized by this Act, within their respective land districts; and, if so, they shall immediately notify the Commissioner of the General Land Office of that fact; and all necessary expenses incurred in making such proper examinations shall be paid and allowed such Register and Receiver in making up their next quar- terly accounts. Sec. 3. Any person or persons who shall violate the provisions of this Act, or any rules and regulations in pursuance thereof made by the Secretary of the Interior, shall be deemed guilty of a misdemeanor, and, upon conviction, shall be fined in any sum not exceeding five hundred dollars, and to which may be added imprisonment for any term not exceeding six months. An Act to amend sections twenty-three hundred and twenty-four and twenty-three hundred and twenty-five of the Revised Statutes of the United States concerning mineral lands. ate P n P t liC ma n f be Be ^ enacted by the Senate and House of Repre- made by author- sentatives of the United States of America in Congress assembled, That section twenty-three hundred and twenty-five of the Revised Statutes of the United States be amended by adding thereto the following words: "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 required to be made in this section by the claimant for such patent may be made by his, her, or 387 its authorized agent, where said agent is conversant with the facts sought to be established by said affi- davits: And provided, That this section shall apply to all applications now pending for patents to mineral lands." Sec. 2. That section twenty-three hundred and C i a 7 ms unpat r "oil twenty-four of the Revised Statutes of the United commences r on States be amended by adding the following words : fng 'date ofloca- " Provided, That the period within which the work tion - required to be done annually on all unpatented min- Act of con- eral claims shall commence on the first day of Jan- j n SS 22, ilsoTIi uary succeeding the date of location of such claim, and sta *- L -> 61 )- this section shall apply to all claims located since the tenth day of May, anno Domini eighteen hundred and seventy-two. ' ' An Act to amend section twenty-three hundred and twenty-six of the Revised Statutes relating to suits at law affecting the title to mining claims. Be it enacted by the Senate and House of Repre- br ou!ht 'title 1 not sentatives of the United States of America in Congress established i n assembled, That if, in any action brought pursuant to eitber party ' section twenty-three hundred and twenty-six of the g* approved Revised Statutes, title to the ground in controversy Mar. 3, issi (21 shall not be established by either party, the jury shall stat> L " 5< so find, and judgment shall be entered according to the verdict. In such case costs shall not be allowed to either party, and the claimant shall not proceed in the land office or be entitled to a patent for the ground in controversy until he shall have perfected his title. An Act to amend section twenty-three hundred and twenty-six of the Kevised Statutes in regard to mineral lands, and for other purposes. Be it enacted by the Senate and House of Repre- uff sentatives of the United States of America in Congress by agent. assembled, That the adverse claim required by section sec. i, twenty-three hundred and twenty-six of the Revised r e r / s r f, Statutes may be verified by the oath of any duly au- 1882 (22 thorized agent or attorney in fact of the adverse claim- L- ' 49)> ant cognizant of the facts stated; and the adverse claimant, if residing or at the time being beyond the limits of the district wherein the claim is situated, may make oath to the adverse claim before the clerk of any court of record of the United States or the State or Territory where the adverse claimant may then be, or before any notary public of such State or Territory. Sec. 2. That applicants for mineral patents, if re- cit f z ^ s a h ^. ^ siding beyond the limits of the district wherein the fore whom made. claim is situated, may make any oath or affidavit sec. 2, act of required for proof of citizenship before the clerk of r v n e r A e p s rl s , |{ any court of record, or before any notary public of i82 (22 stat! any State or Territory. (See Appendix, p. .) 388 An Act to exclude the public lands in Alabama from the operation of the laws relating to mineral lands. cepYe a d ba from the Be ^ enacted by the Senate and House of Repre- operation of thesentatives of the United States of America in Congress mineral laws. assembled> That within the state of Alabama all public Kress* approvedl ands ' whether mineral or otherwise, shall be subject Mar. 3, 1883 (22to disposal only as agricultural lands: Provided, how- stat L., 487). ever> That all j ailds w hich have heretofore been re- ported to the General Land Office as containing coal and iron shall first be offered at public sale: And provided further, That any bona fide entry under the provisions of the homestead law of lands within said State heretofore made may be patented without ref- erence to an Act approved May tenth, eighteen hun- dred and seventy-two, entitled "An Act to promote the development of the mining resources of the United States," in cases where the persons making application for such patents have in all other respects complied with the homestead law relating thereto. An Act providing for a civil government for Alaska. Be it enacted by the Senate and House of Repre- sentatives of the United States of America in Congress assembled, ***** extended 5 to* the ^ec. 8 - That the said district of Alaska is hereby district of created a land district, and a United States land office ; Alaska ' for said district is hereby located at Sitka. The com- ress* approved m ^ ss ^ oner P rov ided for by this Act to reside at Sitka May 17. iss4 shall be ex officio register of said land office, and clerk (23 stat L., 24). pj.^^^ f or D y this Act shall be ex officio receiver of public moneys, and the marshal provided for by this Act shall be ex officio surveyor-general of said district and the laws of the United States relating to mining claims, and the rights incident thereto shall, from and after the passage of this Act, be in full force and effect in said district, under the administration thereof herein provided for, subject to such regulations as may be made by the Secretary of the Interior, ap- proved by the President : Provided, That the Indians or other persons in said district shall not be disturbed in the possession of any lands actually in their use or occupation or now claimed by them, but the terms under which such persons may acquire title to such lands is reserved for future legislation by Congress: And provided further, That parties who have located mines or mineral privileges therein under the laws of the United States applicable to the public domain, or who have occupied and improved or exercised acts of ownership over such claims, shall not be disturbed therein, but shall be allowed to perfect their title to such claims by payment as aforesaid: And provided also, That the land not exceeding six hundred and forty acres at any station now occupied as missionary 389 stations among the Indian tribes in said section, with the improvements thereon erected by or for such so- cieties, shall be continued in the occupancy of the sev- eral religious societies to which said missionary sta- tions respectively belong until action by Congress. But nothing contained in this Act shall be construed to put in force in said district the general land laws of the United States. An Act making appropriations for sundry civil expenses of the Government, for the fiscal year ending June thirtieth, eighteen hundred and ninety-one, and for other purposes. Be it enacted by the Senate and House of Repre- sentatives of the United States of America in Congress assembled, ***** No person who shall after the passage of this Act ?te ht , f , ent "7 n.i ITT -i ,, under all the enter upon any of the public lands with a view to occu- land laws re- pation, entry, or settlement under any of the land IcrS^Repeafe^ laws shall be permitted to acquire title to more than sce act March 3, ,v , , j j ,1 1891, sec. 17). three hundred and twenty acres in the aggregate, Reservation in under all of said laws, but this limitation shall not a f en a T ?ol operate to curtail the right of any person who has ditches and i_ . c j ,.-1 ,-, IT canals construct- heretofore made entry or settlement on the public ed. lands, or whose occupation, entry or settlement, is ^ ^ ^7 validated by this Act : Provided, That in all patents gress approved for lands hereafter taken up under any of the land t" 35> hundred and ninety-one, the orders for which shall be and remain in full force and effect, unsuspended and unrevoked, and all public lands that may hereafter be set aside and reserved as public forest reserves under said Act, shall be as far as practicable controlled and administered in accordance with the following provisions : 394 tions!" es wh e en erv t a o No P ublic forest reservation shall be established, be established, except to improve and protect the forest within the reservation, or for the purpose of securing favorable conditions of water flows, and to furnish a continuous supply of timber for the use and necessities of citizens of the United States ; but it is not the purpose or intent of these provisions, or of the Act providing for such reservations, to authorize the inclusion therein of lands more valuable for the mineral therein, or for agricul- tural purposes, than for forest purposes. etc^by* settlers) ^ ne Secretary of the Interior may permit, under etc.' ' regulations to be prescribed by him, the use of timber and stone found upon such reservations, free of charge, by bona fide settlers, miners, residents, and prospectors for minerals, for firewood, fencing, build- ings, mining, prospecting, and other domestic pur- poses, as may be needed by such persons for such pur- poses; such timber to be used within the State or Territory, respectively, where such reservations may be located. gre^of 8 settlers Nothing herein shall be construed as prohibiting within reserva-the egress or ingress of actual settlers residing within ms, e c. ^ e Boundaries of such reservations, or from crossing the same to and from their property or homes; and such wagon roads and other improvements may be constructed thereon as may be necessary to reach their homes and to utilize their property under such rules and regulations as may be prescribed by the Secretary of the Interior. Nor shall anything herein prohibit any person from entering upon such forest reservations for all proper and lawful purposes, including that of prospecting, locating, and developing the mineral re- sources thereof: Provided, That such persons comply with the rules and regulations covering such forest reservations. * * * * * minera? r or i0 a H- Upon the recommendation of the Secretary of the cultural lands to Interior, with the approval of the President, after main. put lo " sixty days' notice thereof, published in two papers of general circulation in the State or Territory wherein any forest reservation is situated, and near the said reservation, any public lands embraced within the limits of any forest reservation which, after due ex- amination by personal inspection of a competent per- son appointed for that purpose by the Secretary of the Interior, shall be found better adapted for mining or for agricultural purposes than for forest usage, may be restored to the public domain. And any mineral lands in any forest reservation which have been or which may be shown to be such, and subject to entry under the existing mining laws of the United States 395 and the rules and regulations applying thereto, shall continue to be subject to such location and entry, not- withstanding any provision herein contained. An Act extending the homestead laws and providing for right of way for railroads in the district of Alaska, and for other purposes. Sec. 13. That native-born citizens of the Dominion of Canada shall be accorded in said district of Alaska native-born citi the same mining rights and privileges accorded to mSfion'o/canada citizens of the United States in British Columbia and 7 - r the Northwest Territory by the laws of the Dominion gress approved of Canada or the local laws, rules, and regulations ; but ?so y stat 18 L no greater rights shall be thus accorded than citizens 415 >- of the United States, or persons who have declared their intention to become such, may enjoy in said dis- trict of Alaska ; and the Secretary of the Interior shall from time to time promulgate and enforce rules and regulations to carry this provision into effect. An Act making further provisions for a civil government for Alaska, and for other purposes. ***** Sec. 15. The respective Recorders shall, upon the ed Wnat record - payment of the fees for the same prescribed by the ' - Attorney-General, record separately, in large and well- gress* approved bound separate books, in fair hand: ^ t e 6 - ^ QQQ ^li First. Deeds, grants, transfers, contracts to sell 326/330).' or convey real estate and mortgages of real estate, re- leases of mortgages, powers of attorney, leases which. have been acknowledged or proved, mortgages upon personal property; *** Ninth. Affidavits of annual work done on mining claims ; Tenth. Notices of mining location and declaratory statements ; Eleventh. Such other writings as are required or permitted by law to be recorded, including the liens of mechanics, laborers, and others : Provided, Notices ^u^ing claims. of location of mining claims shall be filed for record within ninety days from the date of the discovery of the claim described in the notice, and all instruments shall be recorded in the recording district in which the property or subject-matter affected by the instru- ment is situated, and where the property or subject- matter is not situated in any established recording district the instrument affecting the same shall be re- corded in the office of the clerk of the division of the court hariner supervision over the recording division in which such property or subject-matter is situated. 396 Provided, Miners in any organized min- Provisos. Gold, etc. plorations Sea. Miners"' regu- intions for re- ing district may make rules and regulations governing recorder. etc ' ~ the recording of notices of location of mining claims, etc r d iegai- M " ater rights, flumes and ditches, mill sites and affi- davits of labor, not in conflict with this Act or the general laws of the United States ; and nothing in this Act shall be construed so as to prevent the miners in any regularly organized mining district not within any recording district established by the court from elect- ing their own Mining Recorder to act as such until a Recorder therefor is appointed by the court: Pro- vided further, All records heretofore regularly made by the United States commissioner at Dyea, Skagway, and the Recorder at Douglas City, not in conflict with any records regularly made with the United States commissioner at Juneau, are hereby legalized. And all records heretofore made in good faith in any regu- larly organized mining district are hereby made public records, and the same shall be delivered to the Re- corder for the recording district including such mining district within six months from the passage of this Act. Mining laws. Sec. 26. The laws of the United States relating to mining claims, mineral locations, and rights incident Ex _ thereto are hereby extended to the district of Alaska : on Provided, That subject only to such general limitations as may be necessary to exempt navigation from arti- ficial obstructions all land and shoal water between low and mean high tide on the shores, bays, and inlets of Bering Sea, within the jurisdiction of the United States, shall be subject to exploration and mining for gold and other precious metals by citizens of the tions ners regula " United States, or persons who have legally declared their intentions to become such, under such reasonable rules and regulations as the miners in organized min- ing districts may have heretofore made or may here- after make governing the temporary possession thereof for exploration and mining purposes until w~?t h * Federai^ erw ^ se P rov ided by law : Provided further, That laws. the rules and regulations established by the miners shall not be in conflict with the mining laws of the United States; and no exclusive permits shall be granted by the Secretary of War authorizing any per- son or persons, corporation, or company to excavate mits xolu to ive mine or m i ne under any of said waters below low tide, and void, etc if such exclusive permit has been granted it is hereby revoked and declared null and void ; but citizens of the United States or persons who have legally declared their intention to become such shall have the right to dredge and mine for gold or other precious metals in said waters, below low tide, subject to such general rules and regulations as the Secretary of War may prescribe for the preservation of order and the pro- tection of the interests of commerce ; such rules and regulations shall not, however, deprive miners on the 397 beach of the right hereby given to dump tailings into or pump from the sea opposite their claims, except where such dumping would actually obstruct naviga- SPr vlsions , r( ; tion; and the reservation of a roadway sixty feet wide, p^c! n notto W ap- under the tenth section of the Act of May fourteenth, ^3. Vo1 eighteen hundred and ninety-eight, entitled "An Act extending the homestead laws and providing for right of way for railroads in the district of Alaska, and for other purposes," shall not apply to mineral lands or town sites. ***** An Act to ratify an agreement with the Indians of the Fort Act of Con- Hall Eeservation in Idaho, and making appropriations to ju^f 6 iooTIi carry the same into effect. stat. L., 680.) [DISPOSITION OF COMANCHE, KIOWA, AND APACHE LANDS.] That should any of said lands allotted to said In- dians, or opened to settlement under this Act, contain valuable mineral deposits, such mineral deposits shall be open to location and entry, under the existing min- ing laws of the United States, upon the passage of this Act, and the mineral laws of the United States are hereby extended over said lands. ***** An Act extending the mining laws to saline lands. An Act making appropriations for the current and contingent expenses of the Indian Department and for fulfilling treaty stipulations with various Indian tribes for the fiscal year ending June thirtieth, nineteen hundred and three, and for other purposes. Be it enacted by the Senate and House of Repre- sentatives of the United States of America in Congress assembled, * * * * * That the Secretary of the Interior, with the con- W fc J i I t " tah R , a n d sent thereto of the majority of the adult male Indians utes. of the Uintah and the White River tribes of Ute In- irrigabKnd. f dians, to be ascertained as soon as practicable by an inspector, shall cause to be allotted to each head of a family eighty acres of agricultural land which can be irrigated and forty acres of such land to each other member of said tribes, said allotments to be made prior to October first, nineteen hundred and three, on which date all the unallotted lands within said reservation . a ' ' * * e . d , ,. n . T-. . , , ,, . lands restored to shall be restored to the public domain: Provided, That public domain, persons entering any of said land under the homestead Homes'tead law shall pay therefor at the rate of one dollar and entries, twenty-five cents per acre : And provided further, That n e r a i nothing herein contained shall impair the rights of any mineral lease which has been approved by the Secre- tary of the Interior, or any permit heretofore issued by direction of the Secretary of the Interior to negotiate with said Indians for a 398 mineral lease; but any per-son or company having so obtained such approved mineral lease or such permit to negotiate with said Indians for a mineral lease on said reservation, pending such time and up to thirty days before said lands are restored to the public do- main as aforesaid, shall have in lieu of such lease or permit the preferential right to locate under the min- ing laws not to exceed six hundred and forty acres of company Minins contiguous mineral land, except the Raven Mining Application of Company, which may in lieu of its lease locate one saies. eds m hundred mining claims of the character of mineral Act of congress mentioned in its lease ; and the proceeds of the sale of approved May 27, the lands so restored to the public domain shall be ap- L 9 263) 32 tat ' plied, first, to the reimbursement of the United States for any moneys advanced to said Indians to carry into effect the foregoing provisions; and the remainder, under the direction of the Secretary of the Interior, shall be used for the benefit of said Indians. * # * * * An Act defining what shall constitute and providing for assess- ments on oil mining claims. qufr s ed ess ?o e r nt oil Be Jt enacte d by the Senate and House of Repre- mining claims, sentatives of the United States of America in Congress Act orcongressassembled, That where oil lands are located under the i903 V (32 Fe stat'P rovisions of ^ tle t nir ty-two, chapter six, Revised L., 825). 'Statutes of the United States, as placer mining claims, the annual assessment labor upon such claims may be done upon any one of a group of claims lying contigu- ous and owned by the same person or corporation, not exceeding five claims in all : Provided, That said labor will tend to the development or to determine the oil- bearing character of such contiguous claims. An Act making appropriations for the current and contingent expenses of the Indian Department and for fulfilling treaty stipulations with various Indian tribes for the fiscal year ending June thirtieth, nineteen hundred and four, and for other purposes. Be it enacted by the Senate and House of Repre- sentatives of the United States of America in Congress assembled, ***** ind^an 0m Reserva* That in the lands within the former Uncompahgre Indian Reservation, in the State of Utah, containing s* located* on gilsonite, asphaltum, elaterite, or othr like substances, to Jan. i, which were reserved from location ard entry by pro- vision in the Act of Congress entitled "An Act making appropriations for the current and contingent expenses of the Indian Department and for fulfilling treaty stipulations with various Indian tribes, for the fiscal year ending June thirtieth, eighteen hundred and g7 30 stat -> P- ninety-eight, and for other purposes," approved June seventh, eighteen hundred and ninety-seven, all dis- coveries and locations of any such mineral lands by qualified persons prior to January first, eighteen hun- 399 dred and ninety-one, not previously discovered and located, who recorded notices of such discoveries and locations prior to January first, eighteen hundred and ninety-one, either in the State of Colorado, or in the office of the County Recorder of Uintah County, Utah, shall have all the force and effect accorded by law to locations of mining claims upon the public domain. All such locations may hereafter be perfected, and SU e at n ts r patents shall be issued therefor upon compliance with tions, etc., of the requirements of the mineral-land laws, provided cl that the owners of such locations shall relocate their respective claims and record the same in the office of the County Recorder of Uintah County, Utah, within ninety days after the passage of this Act. All loca- nf 1 r alm ja 1 n cat( i d tions of any such mineral lands made and recorded on isoT, invalid, or subsequent to January first, eighteen hundred and def al ot f mineral ninety-one, are hereby declared to be null and void ; lands, and the remainder of the lands heretofore reserved as aforesaid because of the mineral substances contained in them, in so far as the same may be within even- numbered sections, shall be sold and disposed of in tracts not exceeding forty acres, or a quarter of a quarter of a section, in such manner and upon such terms and with such restrictions as may be prescribed Restrictions. in a proclamation of the President of the United Act of Congress States issued for that purpose not less than one hun- jfSS^^^&at! dred and twenty days after the passage of this Act, L-. WS)- and not less than ninety days before the time of sale or disposal, and the balance of said lands and also all the mineral therein are hereby specifically reserved for future action of Congress. * * * * # An Act for the survey and allottment of lands now embraced within the limits of the Flahead Indian Reservation, in the State of Montana, and the sale and disposal of all surplus lands after allotment. * =::= * * * Sec. 5. That said commissioners shall then proceed et f s iands lon> to personally inspect and classify and appraise, by the smallest legal subdivisions of forty acres each, all of the remaining lands embraced within said reservation. In making such classification and appraisement said lands shall be divided into the following classes: First, agricultural land of the first class ; second, agricultural land of the second class ; third, timber lands, the same to be land more valuable for their timber than for any other purpose; fourth, mineral lands; and fifth, grazing lands. * * * * # Sec. 8. That when said commission shall have i and V. sposal of completed the classification and appraisement of all of said lands and the same shall have been approved by the Secretary of the Interior, the land shall be dis- posed of under the provisions of the homestead, min- 400 eral, and town-site laws of the United States, except such of said lands as shall have been classified as tim- schooi m lands ^ Der lands, and excepting sections sixteen and thirty- cepted. six of each township, which are hereby granted to the State of Montana for school purposes. * * * * * * * # entrles eral land Sec. ^- That only mineral entry may be made on such of said lands as said commission shall designate and classify as mineral under the general provisions of the mining laws of the United States, and mineral entry may also be made on any of said lands whether designated by said commission as mineral lands or otherwise, such classification by said commission being only prima facie evidence of the mineral or non- Exceptions mineral character of the same: Provided, That no such mineral locations shall be permitted upon any lands allotted in severalty to an Indian. 23, 1904 (33 Stnt. L., 302). An Act to ratify and amend an agreement with the Indians of the Crow Reservation, in Montana, and making appro- priations to carry the same into effect. n e d S and Sec - 5. * * * And provided further, That the price of said lands shall be four dollars per acre, when npprovod C n Ii> e r S n entered under the homestead laws. * * * Lands Itat L 9 V,'> ) (33en t ere d un der the town-site and mineral land laws shall be paid for in amount and manner as provided by said laws, but in no event at a less price than that fixed herein for such lands, if entered under the home- stead laws. * * * An Act to authorize the sale and disposition of surplus or un- allotted lands of the Yakima Indian Reservation, in the State of Washington. * * * * * vnaJ?otted a iandB f ? ee - 3 - Tnat tne resi due of the lands of said reser- 'vation that is, the lands not allotted and not reserved shall be classified under the direction of the Secre- tary of the Interior as irrigable lands, grazing lands, timber lands, or arid lands, and shall b appraised under their appropriate classes by legal subdivisions, with the exception of the mineral lands, which need not be appraised, and the timber on the lands classi- fied as timber lands shall be appraised separately from the land. The basis for the appraisal of the timber shall be the amount of standing merchantable timber thereon, which shall be ascertained and reported. L f a n n8 " Tlle lands classified as mineral lands shall be sub- nsmin-ject to location and disposal under the mineral-land laws of the United States : Provided, That lands not classified as mineral may also be located and entered as mineral lands, subject to approval by the Secretary of the Interior and conditioned upon the payment, within one year from the date when located, of the appraised value of the lands per acre fixed prior to the date of such location, but at not less than the price fixed by 401 existing law for mineral lands : Provided further, Restriction. That no such mineral locations shall be permitted on Act of congress any lands allotted to Indians in severalty or reserved ioo4 ve ( d 33 De stt! for any purpose as herein authorized. L - 595 >- An Act to ratify and amend an agreement with the Indians residing on the Shoshone or Wind Eiver Indian Reservation in the State of Wyoming and to make appropriations for carrying the same into effect. * * * * * Sec. 2. That the lands ceded to the United States , e to ! cntry o under the said agreement shall be disposed of under the provisions of the homestead, town-site, coal, and mineral land laws of the United States and shall be opened to settlement and entry by proclamation of the Proclamation. President. * * * * * * * * * * * Lands entered under the town-site, coal, and mineral land laws shall be paid for in amount and tries. manner as provided by said laws. Notice of location of all mineral entries shall be filed in the local land office of the district in which the lands covered by the location are situated, and unless entry and payment shall be made within three years from the date of loca- tion all nights thereunder shall cease ; * * * that all lands, except mineral and coal lands, herein ceded 1905 (33 staY. remaining undisposed of at the expiration of five years L " 1016) - from the opening of said lands to entry shall be sold to the highest bidder for cash at not less than one dollar per acre under rules and regulations to be pre- scribed by the Secretary of the Interior. * * * An Act to authorize the sale and disposition of surplus or unallotted lands of the diminished Colville Indian Reserva- tion, in the State of Washington, and for other purposes. ***** Sec. 3. That upon the completion of said allot- la ^ g ! n e r a ' ments to said Indians the residue or surplus lands that is, lands not allotted or reserved for Indian school, approved M g a r rch agency, or other purposes of the said diminished 22 > 1906 - Colville Indian Reservation shall be classified under the direction of the Secretary of the Interior as irriga- ble lands, grazing lands, timber lands, mineral lands, or arifl lands, and shall be appraised under their ap- propriate classes by legal subdivisions, with the excep- tion of the lands classed as mineral lands, which need not be appraised, and which shall be disposed of under the general mining laws of the United States. An Act making appropriations for the current and contingent expenses of the Indian Department, for fulfilling treaty stipulations with various Indian tribes, and for other pur- poses, for the fiscal year ending June thirtieth, nineteen hundred and seven. 402 [COEUR D'ALENE INDIAN LANDS.] * # * * * lands 1 n e r a l * * * P rov ided further, That the general min- ing laws of the United States shall extend after the approved C j u r n s | approval of this Act to any of said lands, and mineral Itat L 9 336) (34 en t rv ma y be made on any of said lands, but no such c6ai " and 'oil mineral selection shall be permitted upon any lands lerve. 54. Winters et al. vs. Bliss, 14 L. D. 59. Johns vs. Marsh et al., 15 L. D. 196. Cutting vs. Reinininghaus, 7 L. D. 265. Creswell Mining Company vs. Johnson, 8 L. D. 440. Tinkham vs. McCaffrey, 13 L. D. 517. Northern Pacific R. R. Co. vs. Marshall, 17 L. D. 545. John vs. Marsh et al., 15 L. D. 196. State of Washington vs. McBridge, 25 L. D. 167. In case of a hearing to determine the mineral or non-mineral character of a tract of land theretofore held by the Department to be particularly valuable for its mineral deposit, the burden of proof is with the agricultural claimants and incumbent upon them to clearly overcome the effect of the former decision. Coleman et al. vs. McKenzie et al., 28 L. D. 348. The burden of proof is upon the agricultural claimant for the return of land, to show the fact that it is non-mineral in character, but he is not required to prove affirmatively its agricultural character. Cutting vs. Reininghaus et al., 7 L. D. 265. Kane et al. vs. Devine, 7 L. D. 532. Mulligan vs. Hanson, 10 L. D. 311. 438 On a hearing to show the alleged agricultural character of a tract, held as a mineral claim, and that has once been adjudged mineral, the agricultural claimant should be required to prove the abandonment of the mining claim. McCharles vs. Koberts, 20 L. D. 564. Caldwell vs. Gold Bar Mining Co., 24 L. D. 258. A final decision in which a tract is held to be mineral, is only conclusive up to the period covered by the inquiry, and will not preclude a subsequent investigation as to the character of said tract on the allegation that the mining claims thereon have been abandoned and that the land is as a present fact, agricultural. Dargin et al. vs. Koch, 20 L. D. 384. The final decision of the Department holding land to be non-mineral is conclusive up to the period of the hearing and such consideration will not preclude a further consideration based on subsequent exploration. Stinchfield vs. Pierce, 19 L. D. 12. In a hearing ordered to determine the alleged non-mineral character of land embraced in an agricultural entry made at the conclusion of a prior contest involving the character of land, the evidence must be confined to discoveries after the date of the 1st hearing, and prior to the allowance of the entry. Leach et al. vs. Patten, 24 L. D. 573. The non-mineral character of a tract of land having been determined, the Department is not justified in ordering another hearing on the same issue on the absence of a clear showing or development made since the prior hearing that clearly demonstrates that since such hearing mineral has been discovered in such quantities as to overcome the effect of the previous judgment as to the character of the land. Mackal et al. vs. Goodsell, 24 L. D. 553. A decision that a tract is mineral in character will not prevent a subse- quent hearing involving the same question where a change in the character of the land is alleged, but the showing in such cases must be clear and con- A'incing. Town of Aldridge vs. Craig, 25 L. D. 505. The existence of gold in non-paying quantities will not preclude an agri- cultural entry on the land. Etling et al. vs. Potter, 17 L. D. 424. The character of land acquired as mineral, must be shown by the actual production from mining, and by satisfactory evidence that mineral exists on the land in sufficient quantity to make the same more valuable for mining than agricultural purposes. Savage et al. vs. Boynton, 12 L. D. 612. The location of a mining claim in conformity with law on land returned as agricultural, raises the presumption that the land is mineral in character and the burden of proof is thereafter upon the one alleging the agricultural character of the land. State of Washington vs. McBridge, 18 L. D. 199. Sweeney vs. Northern Pacific R. R. Co., 20 L. D. 394. Land must be held non-mineral where no discoveries of appreciable value have been made, and it does not appear that a further expenditure would develop the presence of mineral in paying quantities. Reed et al. vs. Lavallee et al., 26 L. D. 100. Coal lands are mineral lands within the meaning of the laws relating to public lands. Brown vs. Northern Pacific R. R. Co., 31 L. D. 29. Lands containing deposits of ordinary brick clay are not mineral within the meaning of the mining laws, although more valuable for such deposit than for agricultural purposes. King et al. vs. Bradford, 31 L. D. 108. To sustain an application for mineral patent as against a person alleging land to be non-mineral, it must appear that the mineral exists on the land in quantities and value sufficient to subject it to disposal under the mining laws. Brophy et al. vs. O'Hare, 34 L. D. 596. Consult also the following cases: Jaw Bone Lode vs. Damond Placer, 34 L. D. 72. Hollman vs. Central Montana Mines Co., 34 L. D. 568. Richmond and other Lode Claims, 34 L. D. 554. Pikes Peak and other Lodes, 34 L. D. 281. 439 Frank G. Peck, 34 L. D. 682. Laughing Water Placer, 34 L. D. 56. Alaska Placer Claim, 34 L. D. 41. Mattes vs. Treasure Tunnel Mining and Eeduction Co., modifying 34 L. D. 314. (Citation) 33 L. D. 338. Beverage et al. vs. Northern Pacific E. E. Co., 36 L. D. 40. See also 36 L. D. 109. Deposits of gravel and sand suitable for mixing of cement for concrete construction but having no peculiar property or characteristic, giving them especial value, but deriving their general value from proximity to a town, do not render the land in which they are found mineral in character within the meaning of the land laws to bar their entry under the homestead laws, notwithstanding the fact that they may be more valuable than for agricultural purposes. Zimmerman & Brunson, 39 L. D. 310. The fact that a tract of land was, prior to survey, classified as mineral under the Act of February 26, 1895, cannot be considered as a classification of the land as mineral at the time of "Actual Government Survey," within the meaning of the Act of August 5, 1892. St. Paul, Minneapolis & Manitoba Eailway Co., 34 L. D. 211. Publication. Land not embraced in an application for patent for a mining claim in a published or posted notice and other proceedings cannot be embraced in the entry. The simplest legal subdivisions of the public survey provided for by the mining laws, as a subdivision of ten acres in square form. Such laws do not contemplate any location and entry or placer mining claims. Discovery and Expenditure. See 35 L. D. 361, 35 L. D. 485, 35 L. D. 493, 35 L. D. 617, 35 L. D. 652. Placer. The provision of the Statute requires placer claims upon surveyed lands to conform in their exterior limits, to the legal subdivisions, and the public laws furnish no authority in the location of placer claims upon unsurveyed lands for the placing of lines of such locations upon previously patented or entered lands. 35 L. D. 557. There is no warrant in the mining laws for the extending arbitrarily, and without any bases or fact therefor, the original lines of a location in an irregular or zig-zag manner for the purpose of controlling along the sides any extra lands in the location, to suit the convenience of the locator. 35 L. D. 22. Development Work. An applicant for a patent to a mining claim and invoking the provisions of Section 2332 of the Eevised Statutes, if it appears that he or his grantors have held and worked the claim for the period of time prescribed by the legal statutes of mining claims, is not required to produce record evidence of his location. Section 2332 merely declares that the proof shall be sufficient to show possessory title of the applicant. The absence of any adverse claim does not dispense with the requirements of Section 2325 to the expenditure of $500 in labor and improvements on the claim as a prerequisite to the issuance of patent. CapitafNo. 5 Placer Mining Claim, 34 L. D., 462. The main purpose of Section 2332 of the Eevised Statutes is to declare that evidence of the holding and working of a mining claim for a period equal to the time prescribed by the legal Statute of Limitations for mining claims shall be construed as sufficient, establishing the location of the claim and the applicant's right therein, "in the absence of any adverse claim," and there is no authority for restricting the application of the provisions of said section to such cases only, in which the applicant for patent is unable, by reason of the lapse of time or loss of the mining records by fire or otherwise or failure to prove ;v possessory title required by the mining laws. Little Emily 'Mining and Milling Co., 34 L. D., 182. Payment. Payment is required by Section 2325 of the Eevised Statutes for lands embraced in a mining claim as a condition to the issuance of patent therefor 440 j under the mining laws, and the applicant is not relieved from this payment by the Act of May 27, 1902. Kaven Mining Company, 34 L. D., 306. Placer mining claims must be located in accordance with Section 2331 of the Eevised Statutes. Eialto No. 2 Placer Mining Claim, 34 L. D., 44. Mineral lands are exempted from the land grant of the State of South Dakota. State of South Dakota v. Delicate, 34 L. D., 717. Verification. The provision of Section 2325 of the Kevised Statutes that the application for patent to a mining claim shall be "under oath" and the provision of Section 2335 for the verification of said application "before any officer author- ized to administer oaths within the land department" their observance is essential to the jurisdiction of the legal officers to entertain the patent pro- ceedings. 35 L. D., 455. Possession. Owners of unpatented mining claims located upon the mineral lands of the United States are entitled to exclusive and peaceable possession of their claims so long as they continue to comply with the requirements of the laws respect- ing possessory rights, and are not required to apply for patent at any time in order to preserve such possessory rights. In the administration of the public land laws, the Land Department has no authority to determine on their behalf, alleged rights of claimants therein, except where such claimants seek to obtain legal or permanent title to the lands claimed. Where claimant seeks to obtain legal title to a tract of public land the inquiry by the Land Department is directed to questions affecting his right to have such legal title conveyed to him, but not to questions relating to possessory or other rights unrelated to and disconnected with his application for legal title. Nome & Sinook Co. et al. v. Townsite of Nome. 4 L. D., 274. Adverse Claims. In determining whether an adverse judicial proceeding has been instituted within the statute, the Department will not undertake to review the failure of the court of competent jurisdiction, while the suit so begun is pending withia said court. Gypsum Placer Claims, 37 L. D., 484. Section 2325 of the Eevised Statutes construed. E. J. Bitter et al., 37 L. D., 115. For further information on the subject, consult table of Eevised Statutes, cited and construed, and table of Acts of Congress, cited and construed. See 35 L. D., 304; 35 L. D., 495; 35 L. D., 551. Mining on Indian Lands. Valuable mineral deposits which have been found on lands allotted in severally to an Indian under the Act of June 6, 1900, are not withheld to the allottee or reserved to the United States, and cannot be acquired under the mining laws. But such land may, with the approval of the Secretary of the Interior, be leased by the allottee under the General Statute relating to the giving of a mining lease to the allottees. Acme Cement Co., 31 L. D., 125. See in this connection 31 L. D., 154. Eectangular tracts of five acres may be recognized and treated as legal subdivisions. Eoman Placer Mining Co., 34 L. D., 260. Consult for this subject the following cases: Extra Lode Claim, 34 L. D., 591. Brophy et al. v.. O 'Hare, 34 L. D., 596. State of South Dakota v. Walsh, 34 L. D., 723. Alaska Placer Claim, 34 L. D., 40. For general discussion of mineral lands and selections, consult the fol- lowing cases: Bakersfield Fuel & Oil Co. v. Saaburg, 31 L. D., 312. And Instructions, 135. State of Utah, 32 L. D., 117. Northern Pacific Eailroad Co., 32 L. D., 611. Nome & Sinook Co. et at. v. Townsite of Nome, 34 L. D., 102. 441 INDEX. Page. Abstracters 414 Abstract of title, when and when not required 414 Acts, supplemental to Kevised Statutes: June 6, 1874, expenditure 385 February 11, 1875, expenditure 385 May 5, 1876, Kansas and Missouri 386 June 3, 1878, use of timber 386 January 22, 1880, application by agent; expenditure 387 March 3, 1881, judgment on adverse 387 April 26, 1882, verification of adverse by agent; proof of citizenship. 387 March 3, 1883, Alabama 388 May 17, 1884, Alaska 388 August 30, 1890, right of way for ditches and canals 389 March 3, 1891, townsites on mineral lands; reservoirs 389 August 4, 1892, building stone 390 November 3, 1893, ) suspension of requirement of annual expendi- July 18, 1894, f ture 390, 391 March 2, 1895, Wichita lands (Oklahoma) 391 February 11, 1897, petroleum 393 March 3, 1891, forest reserves - 393 June 10, 1896, Fort Belknap Indian Reservation 392 June 10, 1896, Blackfoot Indian Reservation 392 June 10, 1896, San Carlos Indian Reservation 393 May 14, 1898, Alaska, Canadians 395 June 6, 1900, Alaska 395 June 6, 1900, Comanche, Kiowa, and Apache lands 395 January 31, 1901, saline lands 396 May 27, 1902, Uintah and White River Utes 397 February 12, 1903, oil lands (assessment) 398 March 3, 1903, Uncompahgre Indian Reservation 398 April 23, 1904, Flathead Indian Reservation 400 April 27, 1904, Crow Indian Reservation 400 December 21, 1904, Yakima Indian Reservation 401 March 3, 1905, Shoshone Indian Reservation 401 March 22, 1906, Colville Indian Reservation 401 June 21, 1906, Coeur d 'Alene Indian Reservation 402 March 2, 1907, Alaska mining claims, labor on 402 Additional land districts ." 384 Adjustment of mineral claims to public surveys (see Public surveys) . . . 379 Adverse claims: Proceedings on 379, 420 What must be shown 420 Verification by agent 387, 420 Proof of disposition of 421 Judgment against both parties 387 Entry on judgment evidence required 379, 421 Affidavits, verification of 384, 387 Agent: Application for patent by Citizenship, proof of, made by 376, 419 Agreement of publisher 414 Agricultural lands, segregation of mineral from 384 Alabama lands . " 388 442 Page. Alaska lands: Mining laws extended to 388 Mining rights extended to native-born Canadians under certain con- ditions 395, 425 I>ivided into recording districts 395, 425 Bering Sea, mining on shoal waters of 395 Miners ' regulations in 395 Labor on claims in 402 Amended surveys (see Surveys) 432 Amendments to regulations 44, mining regulations 434 Amount of mineral 413 Annual expenditure: Generally 377, 385, 387, 390, 398, 403 For placers 408 When not required 403 Kequirement for, suspended, 1893, 1894 390 Coowners, forfeiture by, for failure to contribute 376, 403 Question as to, one solely for courts 416 Oil lands ! 398 Apache lands 395 Apex 375, 404 Appeal from surveyor-general 425 Application for patent: Schedule of papers transmitted with 419 Statute 377,413 Pending under former laws 380 Must not include land embraced in existing application, selection, or entry 413 By agent 387 For placer (known lode) 381, 408, 417 Appointment of mineral surveyors 381, 421, 426 Area: Placer 380, 408 Mill site . 383 Arkansas, mineral surveys in 410 Assignee (see Saline lands) 409 Blackf oot lands 392 Blanks, not furnished 425 Building stone: Entered under placer laws 390, 408 Use of, for domestic purposes 426 Not excepted from grants to State and for schools 390, 408 Certificate of surveyor-general as to improvements-. 378, 414, 432 Character of land, hearings as to 383, 421, 425 Character of mineral 413 Charges and fees: Proof of 381, 414 Excessive 421 Paid to register and receiver 421 Citizenship: Proof of 376, 419 Affidavit of, before whom made 388, 419 Of trustee and cestui que trust 417 Claims located and patented prior to May 10, 1872 404 Coeur d 'Alene lands 402 Colville lands 402 Comanche lands 395 Conflicts 413 Conformity to public land surveys 409 Connected diagram 410 Connection (see Survey) 410, 429 Contests and hearings 383, 414, 421 Continuous posting 378, 414 Conveyance, after application 419 Coowners 377, 403, 414 Cornering locations 403 Corners (see Survey) 429 443 Page. Corporations 376, 419 Cross veins (see Veins) 383 Crow lands 400 Definitions: Of vein or lode 375 Of placer 380 Of mill site 384 Description of lode claim: By location notice 375, 404 By survey 378, 410, 426 Description of placers where taken by legal subdivisions 379, 408, 414 Descriptive reports on placers 414, 433 Dip 375, 404 Discovery 375, 404 Ditches and canals 384, 389 Drainage ; 384 Easements 384 End lines 375, 403 Entry: Schedule of papers transmitted with 419 Lode 376, 414 Placer 380, 414 Mill site 384, 419 On judgment roll ". 379,420 Errors (see Survey) 432 Excessive charges 381, 421 Expenditure ($500) (see Annual expenditure) 377 Certificate of surveyor-general 378, 414 Eeport of mineral surveyor 429 Proof of, on placer by legal subdivisions 408, 417 On group of claims 414 In tunnel 385 Exploration and purchase of mineral lands 377 Fees of register and receiver 421 Field notes (see Survey) 409 Field work (see Survey) 409,428 Flathead lands 399 Forest reserves 393, 425 Forfeiture 377, 404 Fort Belknap lands 392 Grants, mineral lands excepted from 385 Hearings 384,414,421 Homesteads, segregating mining claims from 330, 384 Improvements (see Annual expenditure; Expenditure) 378, 385, 387, 390, 398, 404, 414 Instructions for surveys (see Surveys) 429 Judgment (see Adverse claims) 379, 387, 420 Kansas (see Mineral lands) 386 Kiowa lands 395 Kind of mineral 413 Known lodes (see Placer) 381, 408 Laches in making entry 414 Land districts, establishment of 384 Legal subdivisions 380, 409 Length of lode claims 375, 404 Liens 381 Limitations (see Statute of limitations) 380, 419 Location: Made prior to May 10, 1872 375, 404 Made under act May 10, 1872 375, 404 Marking of 404 Record of 404 Tunnel claim 376, 403 Eights conferred by 376 Locating monuments (see Survey) 429 Lodes: Discovery 375, 404 444 Page. Lodes Continued. Length 375, 404 Width 375, 404 Location and record 375 } 404 Entry and patent 377,409,414 Lost records 413 Lotting (see Segregation survey) 421 Maintenance of possession 375, 404 Michigan (see Mineral lands) 385 Mill sites: Patents for 384, 418 How surveyed 418 Price per acre 418 Proof of nonmineral character 418 Minerals enumerated 375 Mineral lands: Eeserved from sale under general laws 375 Reservation not applicable to certain States 385, 387 Excepted from 'grants 385 Mineral monuments 410, 429 Mineral surveyors 381, 420-433 Miner 's regulations 377 Mining records, proof of title when lost 413 Minnesota (see Mineral lands) 385 Missouri (see Mineral lands) 386 National forests, mineral lands within 435 Newspaper charges 381, 420 Notices for publication and posting 414 Number of plats 409 Occupation and purchase 375 Office work 381, 420, 425 Oils (mineral), location and entry of 393, 408 Ore extracted, amount and value 413 Papers, methods of transmittal 419 Patent: Procedure to obtain Lode 377, 409-414 Placer 380, 381, 414 Mill sites 384, 418 Under statute of limitations 380, 419 Petroleum 393,408 Placers: Application for, showing 414 Timber in 414 Water courses in 414 Yield per pan or cubic yard 414 Bedrock, distance to 414 Deposit, formation and extent 414 Claim, natural features of 414 Definition of 380 Conformity and nonconformity to public survey 380, 408 Limitation as to area 380, 408 Location of 380, 408 Subdivisions of 40-acre tracts 380, 408 Procedure to make entry 380, 414 Deputy 's report on 414, 433 Survey, when necessary, of 380, 414 Lode in, procedure 381, 408 Expenditure on 408-414 Price 414 Proof of no known veins 408 Plats, preparation of 377, 409, 432, 434 Possessory right (statute of limitations) 380, 419 Posting: Contents of notice 413, 414 On land 377, 413, 414 Proof of 377, 414 445 Posting Continued. Page. In office 377, 414 Proof of 419 Continuous, proof of 414 Preemption and homestead 384 Price payable on entry: Lode claims 377, 414 Placer claims 381, 414 Mill-site claims 384, 418 Saline lands 397,409 Lode within placer 381 Protest: Alleging noncompliance with law 377, 414 Coowner 414 As to character of land 421 Public surveys, adjustment of mining claims with reference to 378 Publication: Eequirement of 377, 414 Proof of 414 Cost of 381, 421 Eailroad selection 413-421 Eegister's certificate of posting 419 Regulations of miners (see Miner 's regulations) 375 Relocation 375, 404 Reservation: Of mineral lands 375 In patents 384, 389 Forest 393, 425 Reservoirs 384, 389 Saline lands 387, 409 San Carlos lands 392 Segregations: Of mineral lands from agricultural 384 Right to enter remaining agricultural lands 384 Survey, when required 425 Selections: State and railroad 421 Forest reserve lieu 421 Serial numbers, entries 419 Shoshone lands 400 State (or Territory) may provide rules for working mines 384 States not subject to mining laws 385-388 Statute of limitations 380, 419 Subdivisions, legal, into 10-acre tracts 380, 408 Survey: Statutes 377, 381 Number of copies of plats and field notes ] When to be made I 409 Numbered progressively J Segregation diagram 410 Expenses of 381, 420-425 Appointment of mineral surveyors 381, 420-425 Charges and deposits for office work 381, 420, 425 Charges for amended surveys 433 Payment of mineral surveyors 425 Surveyor to keep record of 425 Returns by surveyor 425 Surveyor must not act as attorney 425 Field work 409, 425 Connections 409, 425 Mineral monuments 409, 425 Corners 425-430 Topographical features ) Lode and mill site > 430 Lode in placer J Conflicts 409, 430 Areas 409, 430 446 Field work Continued. Page. Survey Continued. Report on expenditures 430 Preliminary plat - [ Erroneous surveys, joint j 432 Amended surveys 433 Eeport on placers 433 Surveyor, mineral 381, 420, 433 Sutro tunnel 384 Testimony, what should show 425 Timber, use of, for mining and domestic purposes 386 Title (see Abstract of title) 413, 419 Possessory 380, 419 Transfers subsequent to application . . . 419 Trustee, application by 414 Town sites on mineral lands 389 Tunnel: Expenditure in 385 Grant to A. Sutro 384 Eun to discover mines 375, 408 TJncompahgre Indian Reservation 398 Uintah and White Eiver Ute Indians 397 Value of mineral 413 Veins (see Lodes) : Apex, dip 375, 404 Intersection or union of 383 Verification of affidavits 383, 387 Water rights 383 White Eiver Ute Indians 397 Wichita lands 391 Width of lode claims 375, 404 Wisconsin (see Mineral lands) 385 Work, resumption of 404 Yakima lands 400 447 MORTGAGES. See Alienation. See Reclamation. See Water Rights. The question of a mortgage as applied to public lands, and par- ticularly to the homestead entry, is a very important one. There is no specific law which will permit of mortgages on homesteads prior to issuance of the Register's final certificate. By the Act of Congress, approved June 6th, 1912, and generally known as the Three-year Homestead Law (see page 303), it is provided : "That no certificate shall be given, or patent issued, until the expiration of three years from the date of such entry, and not until the entryman (or in case of his death his heirs or devisee, or in case of a widow making such entry, her heirs or devisees in case of her death) makes an affidavit that no part of said land has been alienated, except as provided in Section 2288, and that he, she or they will bear true allegiance to the Government of the United States, then in such case he, she or they, if at that time citizens of the United States, shall be entitled to a patent, as in other cases provided by law." This statute prohibits alienation of a homestead before submis- sion of final proof. There is no law which will prevent claimant from mortgaging the land after issuance of final certificate. There is apparently a distinction between absolute alienation and a conditional one through a mortgage which is given for cer- tain purposes. In other words, a distinction is recognized between absolute conveyance of the land and a mortgage given for a specific purpose, not inconsistent with the good faith of the entryman. The applicant for homestead entry is required to make affi- davit, among other things, that he will not make any agreement or contract, in any way or manner, with any person or persons, corporation or syndicate whatsoever, by which the title which he may acquire from the Government of the United States will inure, in whole or in part, to the benefit of any person except himself. The principle thus announced was followed in the case of Lar- son vs. Weisbecker, 1 L. D., 422, Sec. 2262, of the Revised Statutes, was under consideration, in which the Secretary said : "I am aware that the former rulings of your office (addressing the Com- missioner of the General Land Office) and of this department following the precedent of an early decision have held that an outstanding mortgage given by a preemptor upon the lands embraced in his filing defeats his right of entry upon the ground that such mortgage is a contract or agreement by which title to the lands might inure to some other person than himself. "A careful consideration of this section leads me to a different conclu- sion, and to the opinion that unless it shall appear under the rules of law applicable to the construction of contracts or otherwise, that the title shall inure to another person, it does not debar the right of entry; and that the mere possibility that the title might so result ' ' as in the case of an ordinary mortgage ' ' is not sufficient to forfeit the claim. ' ' 448 It was held by the Department in the case of "William H. Ray (6 L. D., 340) : "There is no law or ruling of this Department now in force that pro- hibits a preempter, who has complied with the requirements of the preemption law in good faith, from mortgaging his claim to procure money to prove up and pay for his land." The department held in the case of Mudgett vs. Dnbuque & Iowa City Rd. Co. (8 L. D., 243) : "That the alienation by a mortgage is not an absolute alienation as would defeat the good faith and bona fides of an entryman under the above section. ' ' The section referred to was not changed in this particular by the Act of Congress known as the Three-year Homestead Law. There seems to be little doubt that an entryman may mortgage the land before proof to secure money with which to pay for the same. Speaking about the principle as announced in the case of Lar- son vs. Weisbecker, and Wm. H. Ray, supra, the Secretary said : "Following the principle thus announced, I see no good reason why a homestead entryman, whose good faith is otherwise apparent, may not mort- gage his claim, before final certificate, to procure money with which to improve his land, or for any other purpose, not in itself tending to impeach his bona fides." Mudgett vs. Dubuque & Iowa City Kd. Co. (8 L. D., 243). Having the question of a mortgage under consideration, the Secretary in the case af Haling vs. Edy (9 L. D., 337), -said: "A preempter who has, in good faith, complied with the law, may mort- gage his claim to procure money for the purpose of making final proof and payment. ' ' It was said in the case of Murdock vs. Ferguson (13 L. D., 198) : "A mortgage given in good faith on the purchase of the improvements and prior possessory right of another, and to secure the repayment of money advanced to pay the Government price of the land, does not defeat the pre- emptive right. ' ' In a comparatively recent case it was said : "A charge of abandonment is not supported by showing that the entry- man has executed a deed to the land prior t7 441 > 489, 535, 648; 31, 226; 38, 514. 2281 1, 362, 382; 9, 404, 425; 28, 30 345 2282 1, 384; 11, 372 346 2283 2, 131; 4, 340; 5, 310; 6, 601; 7, 271; 31, 226 346 2286 14, 76; 38, 92, 107 345 2287 1, 384; 2, 107, 108 347 2288 12, 406; 14, 152; 15, 44; 20, 509; 22, 189; 26, 52, 347, 669; 28, 561; 32, 484; 39, 247, 384 342 2289 1, 38, 384; 2, 82, 97, 112, 130, 639; 3, 230, 274, 284; 4, 465, 564; 5, 95, 124, 172, 197, 683; 8, 289; 9, 144, 389, 534, 606; 10, 100, 423, 488, 579, 635, 650; 11, 509; 12, 261, 407; 13, 144, 437, 520, 595, 614; 14, 269, 362; 15, 158, 121, 258, 285, 304; 16, 512, 520, 566; 17, 243, 548; 18, 347, 397; 19, 96, 117; 21, 22, 116, 295; 22, 95, 490, 594; 23, 462, 547; 24, 154, 243, 259, 343; 25, 83, 134, 272, 457; 26, 62, 319; 28, 61, 139, 208, 251; 29, 217, 373, 533, 648; 30, 127, 371, 376, 561; 31, 87, 146, 226, 321; 32, 226, 340; 33, 456, 537; 34, 66; 314, 578, 701, 702; 35, 325; 36, 84, 97, 259, 434; 37, 4, 130; 38, 203, 514; 39, 131, 130, 251, 299, 365 342 2289. .. .40,94, 114, 144, 145, 184, 196, 259, 260, 355, 356, 420, 421, 446, 526, 527 342 2290 1, 31, 363; 2, 53, 55; 3, 19; 4, 435, 465; 6, 257; 9, 45, 210; 12, 407; 13, 206, 614; 15, 204; 16, 372; 18, 484, 540; 19, 164; 20, 142; 21, 295, 383; 22, 547; 23, 462; 24, 80, 157, 125, 278, 281, 457; 26, 52, 709; 27, 605, 711; 32, 141, 339; 33, 82; 34, 314, 491, 532; 35, 48, 128, 169, 499, 532; 39, 132, 367 342 2291 1, 31, 65, 637; 2, 77, 84, 87, 91, 99, 147; 3, 141, 466, 508; 4, 211, 434; 5, 147; 6, 131, 142, 361, 516, 573, 671; 7, 362; 8, 45, 54, 246, 286, 551, 566; 9, 150, 268, 600; 10, 209, 275, 333, 543; 11. 312; 12, 132, 623, 645; 13, 42, 132, 228, 714; 15, 166, 183, 233, 409, 551; 15, 351, 463, 557; 17, 157, 214, 245, 294; 20, 99, 304, 437, 535; 21, 175, 383; 22, 403, 426, 446, 515; 23, 155, 159, 304, 458, 568; 24, 80, 157, 183, 185, 400, 502; 25, 2, 260, 284, 457, 445; 26, 52, 243, 438; 27, 672; 28, 55; 29, 276, 313, 661; 30, 38, 214; 31, 358; 32, 310, 391, 408, 428, 653; 33, 25, 27, 228, 331, 344, 387, 486, 527; 35, 338, 513; 36, 251; 37, 162; 38, 191, 526; 39, 225, 248, 293, 347; 40, 69, 116, 120, 229, 489, 490, 574 amended 76, 310, 640 2292 1, 42, 65, 88; 2, 75, 98, 2; 6, 674; 8, 455; 9, 268; 10, 543; 13, 274; 16, 463; 17, 157, 213, 245, 294; 20, 109; 22, 405; 25, 284; 26, 260; 29, 275, 375; 32, 310, 428; 33, 25; 36, 332; 37, 162; 38, 632; 40, 489, 490 342 2293 1, 363; 3, 448, 481; 7, 223; 31, 171; 37, 713 560-563 2294 2, 90, 93, 123, 207, 209, 223, 504; 3, 131; 5, 118, 249, 395; 6, 135, 257, 722; 7, 19, 247; 8, 1, 337; 9, 20, 209; 10, 687; 15, 157, 249, 337; 16, 100; 18, 365, 485, 540; 20, 112; 21, 295; 22, 526; 23, 140; 27, 156; 28, 73, 31, 48, 274, 286; 32, 339, 640; 33, 222, 654; 43, 682; 35, 271; 36, 46; 37, 236, 713; 40, 248 286 2296 9, 600; 33, 420; 37, 678 90, 343 2297 1, 32; 2, 29, 40, 48, 52, 58, 70, 151, 166, 289, 619; 3, 19, 22, 568; 4, 255, 301, 466; 6, 143, 369, 569; 9, 255, 530; 10, 113, 643, 691; 13, 16; 15, 183, 253; 20, 185; 24, 522; 27, 131; 33, 521; 35, 317; 347; 40, 230 amended 310, 591 2298 2, 130; 15, 409; 18, 522; 25, 83, 134; 29, 163; 33, 538; 34, 464; 35, 521 343 2299 4, 443; 20, 65 343 2300 Page 343 531 2301.... 1, 101; 2, 72; 3, 49, 96, 154, 298, 384, 462; 4, 78, 146, 211, 349, 442; 5, 95, 676; 6, 8, 311, 420, 573; 7, 177, 201, 233, 477; 8, 45, 336, 566. 613; 9, 2; 10, 209, 333; 12, 407, 618, 645; 13, 43, 714; 15, 357, 574; 16, 285; 17, 46,543; 18, 150, 437; 19, 288, 541; 20, 99, 437; 31, 115, 200, 203, 383, 484; 22, 194, 484, 489, 555, 718; 23, 305; 24, 80; 26, 319, 544; 28, 208, 272, 405; 29, 661; 30, 79, 137, 196, 374, 375, 540; 31, 47, 501, 358, 446; 32, 428, 505, 587, 640; 33, 27, 82, 44, 551; 34, 288, 295, 297; 35, 61, 394, 523, 555, 591, 536; 36, 46, 58, 291, 365; 38, 592; 39, 74, 225, 329, 562 343 2302 15, 38; 25, 452; 30, 265; 31, 135; 29, 312; 40, 114 343 2303.... 6, 745; 8, 156, 514; 31, 135, 136. 2304 2, 31, 125, 130; 3, 18, 213, 281, 509; 4, 78, 400; 5, 134, 207, 290; 6, 557; 7, 288, 565; 8, 200, 337; 11, 89, 233; 16, 189, 372; 17, 80, 243, 306; 19, 31, 38, 165, 241, 546; 20, 9, 336, 437; 21, 536, 552; 22, 246; 23, 354; 24, 39, 475, 561; 26, 56, 61, 141, 672; 27, 534; 28, 218, 338; 29, 537; 30, 623; 31, 5, 20, 27, 108, 166, 257, 350, 357, 428; 32, 44, 264, 332, 357, 408, 572; 33, 4, 84, 277, 331, 478; 34, 2, 118, 248, 335, 336; 35, 160, 587, 685, 687; 36, 296; 37, 589, 693; 38, 149, 173; 39, 293; 40, 56, 225, 226, 227, page 563 2305. .. .2, 31, 107, 108, 148; 3, 141, 583; 4, 400; 5, 209, 674; 7, 362; 8, 28, 337; 10, 531; 13, 634; 14, 473; 15, 241; 17, 245, 306; 19, 31, 165; 20, 437; 21, 536, 552; 22, 354; 24, 502; 26, 61, 150, 641; 27, 536; 28, 219; 30, 23, 624; 31, 166, 170, 428; 32, 333, 341, 408, 428, 572; 33, 277, 478; 34, 248, 292, 304, 312, 335, 339, 343, 346, 525, 360, 654, 686; 35, 159, 165, 179, 184, 208, 234; 36, 131, 226, 231, 289, 305, 312, 348, 378, 418, 435, 486, 499, 531; 37, 4, 28, 112, 194, 332, 474, 589, 712; 38, 48, 71, 232, 235, 341, 442, 446, 514; 39, 94, 109, 211, 442, 466, 551, 561, 598, 602; 40, 56 564 2306 2, 131, 236, 238; 3, 391, 295, 510; 4, 323; 5, 10, 125, 264, 290, 319; 6, 577; 7, 237, 287, 565; 8, 235, 237; 9, 389; 10, 355, 692; 11, 233; 13, 275, 485, 520; 14, 205; 15, 114, 148, 183; 16, 519; 17, 80, 171, 244, 484, 512; 18, 111; 19, 164, 241, 268, 546; 20, 437; 22, 354; 22, 669; 23, 123, 152, 465, 498; 24, 36, 291, 502; 25, 161; 27, 565; 28, 216; 29, 274, 510, 537, 599, 644, 658; 30, 39, 51, 61, 186, 611; 31, 20, 26, 104, 165, 226, 256, 320, 321, 350, 357, 428, 431, 442, 444; 32, 14, 41, 184, 203, 206, 246, 262, 285, 295, 357, 376, 419, 586; 33, 275, 229, 362, 364, 420, 435, 520, 525, 648; 34, 249, 335, 393, 633; 35, 160, 557; 36, 296; 37, 589, 693; 38, 149; 39, 291; 40, 56, 72, 189, 190, 196, 225, 227, 410, 448, 401. .. .564 2307 2, 31, 180, 241; 3, 395; 4, 78; 5, 265; 7, 34, 547; 8, 337; 10, 355, 424, 531, 548; 11, 233; 13, 485; 15, 408; 17, 243; 20, 437; 22, 354; 23, 315; 24, 473, 562; 25, 209; 29, 163, 337, 599, 659; 31, 19, 257, 350, 444; 32, 14, 206, 265, 298, 333, 357; 33, 84, 127, 331, 435, 478; 34, 118, 335, 339, 443; 35, 226, 521; 36, 348, 418, 499, 531; 37, 28, 143, 149, 475, 712; 38, 232, 236, 333, 340; 39, 109, 293, 466; 40, 62, 64, 225, 227, 410 343 2308. . . .1, 98, 362; 3, 141, 446; 14, 472; 22, 354; 26, 672; 31, 170; 34, 476; 35, 557. 2309 2, 215; 3, 18, 213; 7, 204; 11, 88; 17, 243; 20, 9, 536; 21, 552; 22, 354; 24, 39, 562; 34, 256, 264, 408; 34, 177, 248, 453; 35, 397, 689; 36, 57; 38, 537 343 2311.... 15, 464. 2313 2 131 2318!.!!l' 553,' 560; 3, 173; 6, 449; 10, 204; 15, 373; 23, 323, 399, 477; 24, 176, 574; 25, 235, 353, 521; 27, 15, 55, 290; 29, 395; 31, 135; 33, 110; 34, 721; 35, 216, 267, 446; 36, 174, 496; 37, 728, 737, 591; 38, 61; 39, 312 375 2319. . . .1, 551, 560; 2, 472; 3, 116; 4, 565; 5, 257; 6, 105; 7, 73; 8, 197; 10, 641; 11, 425; 19, 145; 22, 125; 23, 330, 399, 477; 24, 176; 25, 25, 533; 26, 205; 27, 15; 28, 179; 29, 165, 395, 627; 30, 422, 448, 477; 31, 135; 35, 46, 267, 446; 36, 62; 37, 728, 337; 38, 61; 39, 312, 326 375 2320 1, 169; 2, 749; 3, 12; 5, 703; 15, 68; 16, 2; 17, 114, 426, 552; 18, 419; 19, 456; 21, 442; 23, 227, 357, 399, 476; 25, 236, 253; 26, 205; 27, 92; 28, 178; 29, 13, 386, 689; 30, 422; 31, 135; 23, 32 et seq 388, 519; 33, 145, 560; 34, 11, 323, 471; 35, 24, 654; 37, 728, 737; 38, 61, 505.. 375 2321 10, 642; 19, 145; 20, 116; 22, 83; 24, 336; 353; 27, 352; 28, 180; 31, 135, 157, 534, 571 ; 37, 728, 737; 38, 61, 282 375 2322 1, 558; 2, 748; 3, 540; 5, 257; 6, 319; 10, 202; 15, 420, 505; 16, 118; 17, 112; 22, 285; 23, 375; 25, 336, 553; 25, 50; 26, 205; 29, 386, 427, 532 544, 670; 30, 44, 422, 483; 31, 135; 33, 146; 34, 323; 35, 25, 621, 654; 37, 728, 737; 38, 61, 62 376 2323 1, 584; 23, 223; 25, 356, 353; 29, 236; 31, 135; 36, 557; 37, 728, 737; 38. 61; 40, 17, 20 376 2324 1, 544; 2, 748, 767; 3, 267; 4, 221, 374; 5, 25, 200; 7, 508; 8, 388, 505; 10, 158, 534; 14, 44; 21, 447; 22, 410; 23, 223, 269; 24, 577; 25, 366, 353; 26, 486, 659; 27, 93; 28, 16; 29, 164, 302, 360, 378, 471, 545, 611; 30, 203, 423, 462, 513; 31, 135, 179; 32, 87, 93, 130, 596; 33, 96, 133, 378, 35, 56; 37, 728, 737; 38, 61, 64; 40, 545, 546 377 2325 1, 544, 572, 587, 592; 2, 698, 708, 709, 749, 758; 4, 19, 221, 374; 5, 25, 200; 6, 105, 221, 261, 547, 580, 647; 7, 393, 478, 555; 8, 103, 122, 273, 459, 506; 9, 538, 571; 10, 158, 205, 270, 657; 11, 459; 13, 89, 720; 14, 12, 45, 70, 107, 180, 698; 15, 331, 510, 572; 16, 101, 120, 178; 17, 113, 285, 560; 20, 145, 456; 21, 33, 219, 337, 442; 22, 7, 17, 84, 253, 340, 715; 23, 70, 173, 398; 24, 20, 191, 395; 25, 498, 552, 236; 26, 122, 146, 202, 221, 581; 27, 91, 107, 193, 677; 28, 43, 224, 243, 525, 550; 29, 8, 12, 65, 115, 155, 157, 158, 162, 231, 250, 290, 302, 359, 401, 429, 469, 489, 496, 523, 546, 560, 636; 34, 11, 41, 183, 284, 309, 323, 462, 571, 572, 584, 685; 35, 40, 505, 435, 456, 486, 496; 36, 38, 146, 147, 201, 563; 37, 728, 737, 157, 716; 38, 61, 139, 282, 471; 40, 191, 199, 314, 537 378 2326.... 1, 586, 585; 2, 699, 701, 705, 706, 707, 708, 710, 723, 725, 749, 751; 3, 150, 423; 4, 118, 316; 6, 534; 7, 84, 326, 416; 8, 431; 9, 565; 10, 185, 194, 205, 535; 11, 8, 154, 392; 12, 295; 13, 720; 14, 70, 181, 309, 642; 15, 47; 17, 567; 18, 358; 20, 44; 22, 16, 247, 344, 528, 626, 630; 23, 23, 113, 258, 395; 25, 345, 496; 26, 198, 221, 531, 609; 27, 612, 193, 361, 373, 375, 677; 28, 43, 243, 526; 29, 64, 71, 115, 139, 159, 194, 230, 235, 389, 429, 461, 469, 490, 523; 30, 208, 300, 489; 31, 135, 89, 416; 32, 219, 479, 515; 33, 99, 145, 189, 555, 667, 680; 34, 75, 316, 323, 402, 570, 685; 35, 35, 305, 496, 552; 37, 728, 737; 38, 61; 40, 537, 538. .379 2327 7, 416; 25, 236; 31, 135, 66; 33, 98; 34, 683 379 2328.... 1, 561; 25, 236; 31, 135; 37, 728, 737, 677; 38, 61 380 2329.... 2, 713, 764; 3, 17; 6, 227; 11, 442; 12, 2; 16, 118; 17, 552; 19, 13; 21, 328; 22, 411; 25, 336, 353, 553; 27, 93; 29, 13; 30, 226; 31, 135, 66; 32, 199, 363; 33, 561; 34, 11, 261; 35, 558, 654; 37, 728, 737, 251, 256, 257; 38, 61, 62 380 2330.... 2, 713, 764^ 3, 238; 6, 227; 9, 144; 15, 532; 19, 300; 22, 411; 27, 93; 30, 226; 31, 135, 66; 32, 199, 238, 363; 34, 11, 43, 45, 261; 37, 728, 737, 251, 256, 257; 38, 61, 62 380 2331 2, 764; 5, 200; 6, 227, 580; 7, 391; 20, 487; 22, 411; 25, 358; 27, 93; 29, 14; 30, 226; 31, 135, 66; 32, 199, 363; 34, 11, 43, 45, 261; 35, 558; 37, 728, 737, 251, 256, 257; 38, 31, 61, 62; 40, 403 380 2332. . . .21, 446; 24, 18; 29, 65, 401, 426, 270; 31, 135; 34, 182, 462; 36, 146; 37, 728, 737; 38, 61 381 2333 1, 550, 578; 3, 388; 9, 29; 10, 200; 14, 47, 655; 16, 120; 17, 281; 20, 205; 23, 99, 477; 26, 205, 625; 27, 16, 662, 667; 29, 8, 691; 31, 135; 32, 512; 34, 75, 196; 35, 654; 37, 728, 737; 38, 61...' 381 2334 2, 773; 3, 115; 5, 202; 6, 105; 8, 103; 18, 202, 601; 20, 163; 21, 380; 22, 134; 26, 576; 27, 584; 29, 586; 31, 135, 157; 36, 563; 37, 728, 737, 98, 35, 157; 38, 61, 290, 348; 40, 191, 319 381 2335.... 31, 135; 32, 614; 33, 241, 555, 682; 34, 284, 316, 369; 37, 728, 737; 38, 61, 62; 40, 199 382 2336.... 2, 737; 8, 361; 13, 146; 15, 68, 133; 16, 186; 31, 135; 34, 323; 37, 728, 737; 38, 61 382 2337.... 1, 557; 2, 755; 3, 387; 4, 214; 5, 190, 513; 6, 261, 547, 707; 7, 557; 8, 196; 9, 291, 460; 10, 104, 196; 11, 340, 561; 12, 75, 624; 13, 175; 14, 12, 173, 544; 13, 501, 505; 16, 183; 18, 106; 22, 496; 25, 8, 166; 26, 67, 675; 27, 374; 29, 143; 31, 135; 32, 129; 34, 321; 36, 146; 37, 728, 737, 675, 677; 38, 61; 40, 314 382 2338 31, 135; 37, 728, 737; 38, 61 383 2339 5, 191; 6, 709; 8, 113; 9, 102; 10, 171; 14, 221; 15, 474, 578; 16, 149; 20, 155; 26, 305; 28, 476; 29, 23; 31, 135; 32, 256, 463; 36, 483; 37, 78, 737, 153; 38, 61, 304, 309 383 2340 5, 191; 10, 171; 15, 472; 16, 149; 26, 305; 28, 476; 40, 433; 29, 213; 31, 135; 32, 256, 465; 36, 483; 37, 428, 737, 153; 38, 61; 40, 433 383 2341 2, 755; 19, 300; 31, 135; 37, 728, 737; 38, 61 383 2342.... 2, 713, 715; 31, 135; 37, 728, 737, 655; 38, 61 384 533 2343.... 31, 135; 37, 728, 737; 38, 61 ..384 2344.... 31, 135; 37, 728, 737; 38, 61 384 2345 25, 157; 31, 135; 37, 728, 737; 38, 61 384 2346 31, 135; 37, 728, 737; 38, 61 384 2347 1, 540; 2, 731; 4, 98; 5, 126, 225; 6, 371, 500, 621; 7, 172, 422; 9, 17; 10, 540; 11, 34; 13, 414; 14, 335, 486; 15, 322, 591; 16, 144; 17, 368; 18, 414; 20, 556; 21, 83; 22, 539, 597; 23, 112; 119, 128; 24, 11; 30, 93, 368; 31, 135; 32, 446; 34, 178, 200, 267, 444, 448; 75, 236, 655, 665; 36, 128, 127, 139, 319, 361; 38, 61, 530, 533, 534, 86, 85; 39, 326 172, 178 2348 1, 540; 5, 225; 6, 500; 8, 140; 9, 15; 11, 32, 517; 13, 415; 14, 639; 15, 322, 591; 17, 268, 411; 18, 414; 20, 423, 556; 21, 83; 22, 307, 539, 597; 23, 110, 127; 29, 618; 30, 93, 368; 31, 135; 34, 178, 200; 35, 236, 655, 665; 36, 128, 322; 37, 725; 3S, 61, 86, 185; 39, 326 172, 174, 178 2349 1, 540; 10, 162; 11, 517; 14, 633; 15, 591; 17, 268; 18, 414; 19, 523; 20, 423, 556; 21, 83, 98; 22, 539, 597; 24, 48; 26, 109; 29, 618; 30, 93, 368; 31, 135; 34, 178, 200, 267, 444, 448; 35, 236, 655, 665; 36, 128; 37, 725; 38, 61, 86, 185; 39, 326. 173 2350 1, 540; 2, 729; 5, 226; 6, 372; 7, 423; 8, 142; 10, 162, 509, 539; 14, 636; 15, 311; 17, 269; 18, 414; 19, 523; 20, 423; 21, 83; 22, 597; 24, 48; 26, 109; 29, 618, 330; 30, 93, 368; 31, 135; 34, 178, 200, 267, 444, 448; 35, 236, 655, 665; 36, 322; 38, 61, 86, 185; 39, 326 173 2351 1, 540; 7, 175; 10, 539; 11, 517; 13, 415; 17, 269, 412; 18, 414; 21, 83; 82, 307, 597; 23, 111; 26, 109; 29, 618; 30, 93, 568; 31, 135; 34, 178, 200, 267, 444, 448; 35, 226, 655, 665; 36, 361; 38, 61, 86, 185; 39, 326 1 73 2352 1, 540; 10, 18, 414; 21, 83; 22, 579; 29, 637; 30, 93, 368; 31, 152; 32, 446; 34, 178, 200, 267, 444, 448; 35, 236, 655, 665; 38, 61, 86, 185 173 2353 1, 540; 15, 258; 21, 83 547 2354 1, 540; 5, 30; 15, 258; 21, 83; 34, 243 547 2355 1, 540; 8, 77; 15, 258; 21, 83; 26, 568 547 2356 1, 540; 2, 658, 689; 3, 427; 8, 77; 21, 83 547 2357 1, 540; 2, 681; 3, 427, 477; 4, 54; 5, 270, 709; 6, 145, 523; 7, 175, 209; 8, 368; 9, 272, 429; 10, 542, 652; .14, 74; 16, 408; 17, 245; 18, 346; 20, 437, 472; 21, 83, 383; 23, 451, 574; 24, 160; 26, 700; 27, 241, 296; 28, 77, 479; 29, 661; 31, 199, 250, 251, 278; 35, 419; 38, 322, 326, 572, 468; 40, 349, 350 547 2358 1, 540 548 2359 1, 540 548 2360 1, 540; 3, 427 548 2361 1, 540 548 2362 1, 528, 529; 2, 686, 691; 4, 293; 5, 115, 319; 7, 99, 297; 8, 463, 623; 9, 51; 11, 283; 12, 623; 14, 237; 15, 201; 17, 340; 20, 217, 380; 21, 5; 23, 138; 24, 257, 539, 575; 25, 30, 90, 161; 26, 420; 30, 5, 430; 32, 471; 33, 316, 438; 36, 388, 564; 39, 141, 147 548 2363 4, 293; 17, 340; 30, 430; 36, 388, 564; 39, 141, 147 548 2364 2, 603, 606, 608, 676; 3, 159, 556; 5, 270; 9, 215; 15, 491; 19, 55; 26, 331; 27, 241 548 2365. . . .36, 359; 38, 6 548 2366 2, 658 548 2367.... 2, 461; 8, 431 548 2368. ...I, 517; 16, 204; 17, 482 548 2369 7, 156; 8, 305; 11, 45; 14, 482; 15, 548; 19, 484; 27, 79 548 2370 8, 303; 11, 45; 14, 482; 15, 548; 19, 484; 27, 71 549 2371 7, 156; 11, 45; 14, 482; 15, 548; 19, 484; 27, 71 549 2372 1, 517; 6, 644; 7, 155; 11, 45; 15, 548; 16, 351; 19, 112, 484; 21, 6, 38, 62; 22, 586; 23, 389; 25, 527; 27, 71, 512; 32, 175; 33, 271; 36, 181, 287; 40, 435, 775 549 2373 37, 180; 38, 108; 39, 370 549 2374 549 2375 549 2376 549 2377 550 2378 550 2379 550 2380 3, 433; 5, 265; 12, 282; 24, 406; 28, 66; 31, 146; 32, 156; 34, 17; 38, 107; 92, 95, 113 211 534 2381 5, 265; 12, 282; 19, 303; 21, 425; 24, 406; 28, 66; 31, 146; 32, 156; 31, 17; 38, 92, 95, 113 211 2382 1, 502; 2, 628; 4, 337; 5, 56, 265; 14, 628; 17, 246; 28, 383, 67; 31, 146; 32, 156; 34, 95; 35, 321; 38, 92, 95, 113 212 2383 1, 502; 5, 265; 13, 331; 28, 67; 31, 146; 32, 156; 35, 34; 38, 92, 95, 113 212 2384 5, 265; 17, 246; 28, 67; 31, 146; 32, 156; 34, 15; 35, 321, 567; 38, 92, 95, 113 212 2385 5, 265; 17, 246; 31, 146; 32, 156; 35, 321; 38, 92, 95, 113 213 2386 1, 558; 4, 214; 5, 265; 31, 146; 32, 156, 211; 35, 321; 38, 92, 95 113 211, 213 2387 1, 503; 3, 13, 358, 433; 4, 54, 213; 5, 265; 8, 337, 425; 10, 348, 667; 12, 592; 13, 11, 495, 670; 15, 208, 270; 16, 74, 83; 17, 246; 19, 292, 335, 365; 20, 203; 21, 75, 100, 478, 524; 23, 76, 419, 562; 24, 186, 530; 26, 214, 325, 345; 27, 444, 631, 128, 151, 415; 28, 67; 29, 177, 101, 528; 31, 146; 32, 156, 211, 481, 502; 33, 164, 178; 34, 250, 621; 35, 321; 36, 86; 37, 266, 270, 256; 38, 92, 95, 113, 198; 39, 356 213 2388 5, 265; 8, 337, 425; 10, 348; 13, 4, 400, 405; 17, 247; 19, 292; 21, 75, 100, 478, 524; 23, 76, 562; 24, 186, 530, 258; 26, 214, 325; 28, 67; 29, 528; 31, 146; 32, 156, 211, 481, 502; 33, 178; 34, 25, 621; 35, 321; 38, 92, 95, 113 213 2389 2, 604; 3, 359; 5, 265; 6, 676; 7, 143; 10, 208, 348; 13, 329, 405; 15, 209; 16, 129; 21, 75, 100, 470, 524; 23, 76, 562; 24, 186, 530, 258; 26, 214, 325; 28, 67; 31, 146; 32, 156, 211, 481, 502; 33, 178, 543; 33, 621; 35, 321, 559; 37, 556; 38, 92, 95, 113 213 2390 28, 67; 32, 211; 38, 92, 95, 113. 2391 17, 247; 32, 211; 33, 179; 38, 92, 95, 113 214 2392 1, 558; 4, 213; 10, 204; 13, 370; 18, 260; 25, 521; 26, 67; 32, 211, 213; 33, 179; 34, 598; 38, 92, 95, 113 214 2393 3, 358; 28, 67; 32, 211; 33, 179; 38, 92, 95, 113 214 2394 32, 211; 38, 92, 95, 113 214 2395 1, 325; 2, 88, 198, 849; 6, 696; 9, 14; 10, 391; 17, 275; 26, 371, 467; 27, 331; 28, 420; 29, 517; 31, 66, 78; 38, 4 336 2396 2, 465; 26, 371, 467; 27, 331; 28, 190; 29, 517; 31, 66; 38, 5. 2397 26, 467; 27, 331; 29, 517; 38, 6, 7. 2398 19, 378. 2399 17, 275; 18, 137. 2400 2, 373; 4, 453; 13, 295. 2401.. ..1, 308; 2, 455; 3, 326, 332, 350; 4, 327; 6, 538, 455; 19, 35, 116; 21, 77; 26, 310; 30, 368; 31, 77; 35, 672; 36, 563, 565 594 2402 1, 308; 3, 326, 332, 350; 6, 538; 19, 35; 21, 77; 35, 672; 36, 563, 565. 2403 1, 308, 534; 2, 465; 3, 236, 332, 350; 4, 327; 12, 24; 21, 77; 22, 289; 26, 310; 31, 77; 35, 672; 36, 563, 565 594 2411.... 8, 254. 2414 1, 8; 10, 357, 281; 31, 223; 35, 313, 628; 36, 253; 38, 502. 2415 31, 223; 33, 626; 35, 484; 36, 254. 2418 35, 629. 2423 10, 357. 2436 33, 628. 2441.... 30, 342; 34, 611; 36, 13. 2444 35, 628; 38, 562. 2447 2, 365; 4, 130; 6, 149; 11, 149; 17, 25; 22, 145. 2448 13, 50; 20, 174; 21, 377; 23, 136, 457; 25, 2; 26, 243, 562; 27, 672; 32, 409; 36, 250; 39, 576. 2449 2, 457, 496; 3, 498; 12, 391; 18, 474; 23, 461; 24, 228, 364, 396, 486; 25, 22; 26, 629; 27, 329; 30, 234. 2450 1, 411; 3, 141; 4, 156; 8, 91; 9, 231; 14, 407; 15, 258; 18, 97; 21, 550; 26, 678; 29, 713; 34, 40; 35, 381; 37, 158; 38, 413; 39, 320. 2451 3, 141; 15, 258; 18, 97; 34, 40; 35, 381; 37, 158; 40, 74. 2452 15, 278; 18, 97; 34, 40; 35, 381; 37, 158. 2453 15, 258; 18, 97; 34, 40; 35, 381; 27, 158. 2454 15, 258; 18, 97; 34, 40; 35, 381; 37, 158. 2455 2, 242, 603, 608; 3, 149; 8, 428; 9, 529; 10, 615; 12, 397; 14, 458; 15, 258; 15, 491; 16, 497; 17, 330; 18, 91; 19, 48; 20, 120, 237, 255, 305, 407; 21, 183, 454; 23, 590; 24, 296; 25, 146, 159; 26, 331, 607, 676, 699; 27, 45, 490, 617, 715; 28, 214; 29, 153, 320, 347, 378, 486; 30, 537; 31, 201, 247; 33, 447; 34, 40, 357; 35, 381, 44, 294, 412, 418, 452, 518, 535 582, 646, 647; 36, 216; 37, 158, 108, 209, 453; 38, 85, 119, 139, 484; 39, 10, 322; 40, 364, 373, 374, amended 359 2456 6, 314; 8, 183; 15, 258; 18, 97; 34, 40; 35, 381; 37, 158. 2457 1, 79, 411, 280; 3, 190; 4, 156, 350; 5, 514; 8, 91; 10, 299; 15, 258; 15, 121; 18, 97;. 19, 445; 20, 504; 25, 503; 26, 687; 29, 713; 34, 40; 35, 381, 436; 37, 158. 2461 12, 457; 13, 150; 24, 168; 26, 402, 406; 29, 323, 574; 31, 268; 32, 445; 36, 303. 2476 4, 418. 2477 21, 351; 25, 446; 31, 407. 2478 5, 573, 673; 8, 91;. 14, 317; 26, 40; 27, 8, 360; 31, 158, 300, 306, 348; 35, 534; 36, 523; 38, 61. 2479 7, 243; 8, 71; 10, 46; 11, 37; 35, 509. 2480 19, 286. 2481 8, 52. 2482 1, 506; 3, 396, 572, 585; 5, 638; 10, 446. 2483.... 3, 572; 7, 243. 2484 3, 396, 572; 8, 387; 10, 46. 2488 1, 312; 3, 522; 4, 371; 5, 37, 100; 6, 684; 13, 130; 14, 248, 253; 23, 230; 24, 27, 69; 26, 94; 30, 574; 31, 305, 307, 309. 2490 5, 102; 23, 308; 30, 395. 3220 5, 574. 3229 5, 240. 3477 14, 101; 17, 217; 21, 366; 30, 5, 435; 36, 390, 564; 38, 471; 39, 145, 148. 3478 3, 114; 5, 388, 508. 3479 5, 388. 3469 5, 240. 3617 1, 521; 35, 570. 3631 23, 480. 3689 24, 540. 3732 19, 379. 3743 40, 140, 142. 3744 40, 140, 141, 142. 3745 40, 140, 143. 3746 40, 140, 143. 3747 40, 140, 143. 3679 1, 538; 19, 379. 3690.... 18, 194; 19, 373. 3831 9, 551. 5013 2, 681. 5182 2, 658. 5263 26, 572; 29, 2. 5264 29, 2. 5265 29, 2. 5266 29, 2. 5267 29, 2. 5268 26, 572; 29, 2. 5388 30, 24. 5428 13, 725. 5440 4, 469. 5481 2, 666. 5492 37, 495. 5498 4, 55; 5, 237; 22, 435; 33, 654. 5595 1, 413. 5596 1, 418; 2, 604, 609; 30, 574. INSTRUCTIONS GOVERNING REPAYMENTS. Department of the Interior, General Land Office, Washington, IX C., July 23, 1910. To Registers and Receivers of United States Land Offices. Gentlemen: Your attention is called to the following provisions of the Act of Congress approved June 16, 1880 (21 Stat., 287), entitled "An Act for the relief of certain settlers on the public lands, and to provide for the payment of certain fees, purchase money, and commissions paid on void entries of public lands": 536 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in all cases where it shall, upon due proof being made, appear to the satisfaction of the Secretary of the Interior that innocent parties have paid the fees and commissions and excess payments required upon the location of claims under the act entitled "An Act to 'amend an act entitled 'An Act to enable honorably discharged soldiers and sailors, their widows and orphan children, to acquire homesteads on the public lands of the United States,' and amendments thereto," approved March third, eighteen hundred and seventy-three, and now incorporated in section twenty- three hundred and six of the Eevised Statutes of the United States, which said claims were, after such location, found to be fraudulent and void, and the entries or locations made thereon canceled, the Secretary of the Interior is authorized to repay to such innocent parties the fees and commissions and excess payments paid by them, upon the surrender of the receipts issued therefor by the receivers of public moneys, out of any money in the Treasury not otherwise appropriated, and shall be payable out of the appropriation to refund purchase money on lands erroneously sold by the United States. Sec. 2. In all cases where homestead or timber-culture or desert-land entries or other entries of public lands have heretofore or shall hereafter be canceled for conflict, or where, from any cause, the entry has been erroneously allowed and can not be confirmed, the Secretary of the Interior shall cause to be repaid to the person who made such entry, or to his heirs or assigns, the fees and commissions, amount of purchase money, and excesses paid upon the same, upon the surrender of the duplicate receipt and the execution of a proper relinquishment of all claims to said land, whenever such entry shall have been duly canceled by the Commissioner of the General Land Office, and in all cases where parties have paid double-minimum price for land which has afterwards been found not to be within the limits of a railroad land grant, the excess of one dollar and twenty-five cents per acre shall in like manner be repaid to the purchaser thereof, or to his heirs or assigns. Sec. 3. The Secretary of the Interior is authorized to make the payments herein provided for out of any money in the Treasury not otherwise appro- priated. Sec. 4. The Commissioner of the General Land Office shall make all neces- sary rules, and issue all necessary instructions, to carry the provisions of this act" into effect; and for the repayment of the purchase money and fees herein provided for the Secretary of the Interior shall draw his warrant on the Treasury and the same shall be paid without regard to the date of cancella- tion of the entries. The foregoing act is additional to the provisions of sections 2362 and 2363, United States Eevised Statutes. APPLICATIONS. 1. Applications for repayment of fee, commissions, excess and purchase money should be made in the'following or equivalent form: To the Commissioner of the General Land Office. Sir: I hereby make application for repayment of the purchase money paid on entry of the of section , township , range , as per certificate No , issued at , bearing date the day of , 1.... (Applicant sign here. Give P. O. address.) , State of , County of , ss. On this day of , 19 . . , before the subscriber, a in and for said county, personally came , to me well known to be the person who subscribed the foregoing application, who, being duly sworn, on oath, declares that ha., not sold, assigned, nor in any manner encumbered, the title to the tract of land described in said application, and that the same has not become a matter of record. (Applicant sign here.) Subscribed and sworn to before me this day of , A. D. 19. . The affidavit may be made before the register or receiver, or any officer authorized to administer oaths. When made before a justice of the peace, a certificate of official character is required. 537 FEES, COMMISSIONS, EXCESSES, ETC. On fraudulent and void additional soldier and sailor entries. 2. The first section of the act authorizes the payment "to innocent parties" of the fees, commissions, etc., paid by them on fraudulent and void additional soldier and sailor homestead entries which have been canceled. Eepayment of fees, commissions, and excesses under section 1 can be made only to the party who paid the same. A conveyance of the land in these cases will not be deemed to carry with it the right to repayment. Applications for repayment under this section must be accompanied by the duplicate receipt, or evidence of the loss of the same, and by a concise statement under oath setting forth all the facts and circumstances connected with the procurement and use of the fraudulent papers upon which the can celed entries were based, together with such documentary or other proof as may tend to establish the innocence of the parties relative thereto. On entries canceled for conflict, or where the same have been erroneously allowed and can not be confirmed. The first clause of the second section of the act provides: 3. For the repayment of purchase money and of fees, commissions, and excess payments, where entries of public lands are canceled for conflict, "or where, from any cause, the entry has been erroneously allowed and can not be confirmed. " In the case of applications for the payment of fees, commissions, etc., on canceled homestead and other entries, under the second section of the act, the duplicate receipt or duplicate certificate must be surrendered, together with a relinquishment in the following or equivalent form: , , 19.. I hereby relinquish to the United States all my right, title, and claim in and to the land described in receipt No , issued at , , 1. .., being for the of section , township , and range Witness: Acknowledged before me this day of , 19. This relinquishment may be acknowledged before the register or receiver or before any officer authorized to take acknowledgments. 4. If the duplicate receipt or duplicate certificate has been lost or destroyed, an affidavit stating the fact must be furnished, together with a relinquishment in effect as in the above form. DOUBLE-MINIMUM EXCESS. The last clause of the second section of the act provides that "in all cases where parties have paid double-minimum price for land which has afterwards been found not to be within the limits of a railroad land grant, the excess of $1.25 per acre shall in like manner be repaid to the purchaser thereof or to the heirs or assigns." 5. Applications for repayment of double-minimum excess should be made in the following form: To the Commissioner of the General Land Office. Sir: hereby make application for repayment of the double-minimum excess paid on entry of the of section , township , range , as per certificate No , issued at , bearing date the day of , 1. . . . (Applicant sign here. Give P. O. address.) , County of , State of , ss. On this day of , 19.., before the subscriber, a in and for said county, personally came , to me well known to be the person who subscribed to the foregoing application, who, being duly sworn, on oath declares that has not sold or assigned right in any way to the double-minimum excess described in said application. (Applicant sign here.) Subscribed and sworn to before me this day of , A. D. 19. . 538 6. The applicant must also furnish a corroborated affidavit showing that he is the identical party who made the entry on which repayment is claimed. Kepayment of double-minimum excess will be made only to the original entryman, his heirs or assigns. The sale and transfer of the land is not of itself treated as an assignment of the right to receive repayment of double- minimum excess. PURCHASE MONEY. Where patent has not been issued, and the title has not otherwise become a matter of record. 7. In applications for repayment where patent has not issued, the dupli- cate receipt or duplicate certificate must be surrendered. The applicant must make affidavit that he has not transferred or otherwise encumbered the title to the laud and that the same has not become a matter of record. Where the duplicate receipt or duplicate certificate has been lost or de- stroyed, a certificate will also be required from the proper recording officer, showing that the same has not become a matter of record and that there is no incumbrance of the title to the land thereunder. A like certificate must be furnished when the application is made by another than the original purchaser. Where title has become a matter of record. 8. Where the title has become a matter of record, and in all cases where patent has issued, a duly executed deed, relinquishing to the United States all right and claim to the land under the entry or patent, must accompany the application. This deed must be duly recorded, and a certificate must also be produced from the proper recording officer where the land is situated, showing that said deed is so recorded and that the records of his office do not exhibit any other conveyance or incumbrance of the title to the land. Where a valid title to the land embraced in a canceled entry has been conveyed by the Government to other parties, the applicant for repayment under such canceled entry must reeonvey to the United States the title derived from such invalid entry. If, however, the applicant has acquired the valid title already conveyed by the United States, it will not be necessary for him to reeonvey the land, but he may make a full statement, with corroborative evidence of the facts, waiving all claim under the invalid entry, and there- upon receive repayment of the amount erroneously paid. The reconveyance to the United States must conform in every particular to the laws of the State or Territory in which the land is located relative to transfers of real property; in the case of a married man, in localities where the right of dower exists, there must be a release of dower by the wife, and in case of an executor or administrator, due proof of authority to alienate the estate. Where a patent has been executed and delivered it must be surrendered. HEIES, EXECUTOES, ADMINISTRATORS, AND ASSIGNEES. 9. Where application is made by heirs, satisfactory proof of heirship is required. This must be the best evidence that can be obtained, and must show that the parties applying are the heirs and the only heirs of the deceased. 10. Where application is made by executors, a certificate of executorship from the probate court must accompany the application. 11. Where application is made by administrators, the original, or a cer- tified copy, of the letters of administration must be furnished. 12. Where applications are made by assignees, the applicants must show their right to repayment by furnishing properly authenticated abstracts of title, or the original deeds or instruments of assignment, or certified copies thereof, and also show by affidavits or otherwise that they have not been indemnified by their grantors or assignors for the failure of title, and that title has not been perfected in them by their grantors through other sources. 13. Where there has been a conveyance of the land and the original pur- chaser applies for repayment, he must show that he has indemnified his assignee or perfected the title in him through another source, or produce a full reconveyance to himself from the last grantee or assignee. ASSIGNEES. Those persons are assignees, within the meaning of the statutes author- izing the repayment of purchase money, who purchase the land after the 539 entries thereof are completed and take assignments of the title under such entries prior to complete cancellation thereof, when the entries fail of con- firmation for reasons contemplated by the law. To construe said statutes so as to recognize the assignment or transfer of the mere claim against the United States for repayment of purchase money, or fees and commissions, discon- nected from a sale of the land or attempted transfer of title thereto, would be against the settled policy of the Government and repugnant to section 3477 of the Eevised Statutes. (2 Lawrence, First Comp. Dec., 264, 266, and 6 Dec. Comp. of the Treasury, 334, 359.) Assignees of land who purchase after entry are, in general, deemed entitled to receive the repayment when the lands are found to have been erroneously sold by the Government. But this rule does not apply to the repayment of double-minimum excesses. (First Comp. Dec. in case of Adrian B. Owens, Copp's Pub. Land Laws, 1890, vol. 2, p. 1238.) DEFINITION OF "EBBONEOUSLY ALLOWED." This can not be given an interpretation of such latitude as would coun- tenance fraud. If the records of the Land Office, or the proofs furnished, should show that the entry ought not to be permitted, and yet it was per- mitted, then it would be "erroneously allowed." But if a tract of land were subject to entry, and the proofs showed a compliance with law, and the entry should be canceled because the proofs were shown to be false, it could not be held that the entry was "erroneously allowed"; and in such case repayment would not be authorized. TEANSMITTAL OF APPLICATIONS. 14. Applications for repayment may be filed either in this office or in the proper district land office. When an application is filed in the district land office the register and receiver shall transmit the same with a full report of the facts in the case, as shown by their official records, and recommend either the allowance or the disallowance of the claim. When an application is filed, either in the dis- trict land office or in this office, it should be accompanied by a statement setting forth fully the grounds upon which repayment is claimed. Very respectfully, Fred Dennett, Approved July 23, 1910. Commissioner. Frank Pierce, Acting Secretary. INSTRUCTIONS UNDER ACT OF MARCH 26, 1908. Department of the Interior, General Land Office, Washington, D. C., July 23, 1910. To Eegisters and Eeceivers of United States Land Offices. Gentlemen: Your attention is called to the following provisions of the Act of Congress approved March 26, 1908 (35 Stat,, 48), entitled "An Act to provide for the repayment of certain commissions, excess payments, and pur- chase moneys paid under the public land laws": Be it enacted by the Senate and House of Eepresentatives of the United States of America in Congress assembled. That where purchase moneys and commissions paid under any public land law have been or shall hereafter be covered into the Treasury of the United States under any application to make any filing, location, selection, entry, or proof, such purchase moneys and com- missions shall be repaid to the person who made such application, entry, or proof, or to his legal representatives, in all cases where such application, entry, or proof has been or shall hereafter be rejected, and neither such appli- cant nor his legal representatives shall have been guilty of any fraud or attempted fraud in connection with such application. Sec. 2. That in all cases where it shall appear to the satisfaction of the Secretary of the Interior that any person has heretofore or shall hereafter make any payments to the United States under the public land laws in excess of the amount he was lawfully required to pay under such laws, such excess shall be repaid to such person or to his legal representatives. Sec. 3. That when the Commissioner of the General Land Office shall ascertain the amount of any excess moneys, purchase moneys, or commissions 540 in any case where repayment is authorized by this statute, the Secretary of the Interior shall at once certify such amounts to the Secretary of the Treasury, who is hereby authorized and directed to make repayment of all amounts so certified out of any moneys not otherwise appropriated and issue his warrant in settlement thereof. The foregoing act is additional to the provisions of sections 2362 and 2363, United States Eevised Statutes, and to the Act of June 16, 1880 (21 Stat., 287). The first section authorizes the return to the applicant, or to his legal rep- resentatives, of purchase moneys and commissions covered into the Treasury of the United States under any application to make any filing, location, selec- tion, entry, or proof, where such application has been or shall hereafter be rejected, in cases where neither the applicant nor his or her legal representa- tives shall have been guilty of any fraud or attempted fraud in connection with said application. This section refers more particularly to moneys covered into the Treasury of the United States as directed in office circular "M" of May 16, 1907 (35 L. D., 568), and circular letter "M" of July 26, 1907; that is, moneys deposited with proof under the timber and stone, desert land, coal land, or mineral land laws. APPLICATIONS. Applications for repayment under this section should be made in the following or equivalent form: To the Commissioner of the General Land Office. Sir: I hereby make application for the return of the purchase money and commissions paid with my under the law, for the of section , township , range , as per receiver's receipt No. , issued at , bearing date the day of , 19.., and which is surrendered herewith, and on oath declare that I am the identical (or legal representative of the) person who made said payment, and that there was no fraud or attempted fraud in connection with the effort to obtain title to the described tract of land. * * If the receipt has been lost or destroyed, so state. (Applicant sign here.) , (P. O. address.) , State of , County of , ss. Subscribed and sworn to before me this day of ,19. The affidavit may be made before the register or receiver, or any officer authorized to administer oaths. When made before a justice of the peace, a certificate of official character is required. The second section authorizes the return to the person who made the payment, or to his legal representatives, of any moneys paid under any of the land laws of the United States, in excess of the legal requirements. APPLICATIONS. Applications for repayment under this section should be made in the fol- lowing or equivalent form: To the Commissioner of the General Land Office. Sir: I hereby make application for the return of the amount paid in excess of the lawful requirements on entry of the of section , township , range , as per receiver's receipt No , issued at t bearing date the day of , 19. ., and on oath declare that I am the identical (or legal representative of the) person who made said pay- ment. (Applicant sign here.) , (P. O. address.) , State of , County of , ss. Subscribed and sworn to before me this day of , 19. . Affidavits in this class of claims may also be made before the register 541 | or receiver, or any officer authorized to administer oaths. When made before a justice of the peace, a certificate of official character is required. HEIES, EXECUTORS, AND ADMINISTRATORS. Where application is made by heirs, satisfactory proof of heirship is required. This must be the best evidence that can be obtained, and must show that the parties applying are the heirs and the only heirs of the deceased. Where application is made by executors, a certificate of executorship from the probate court must accompany the application. Where application is made by administrators, the original, or a certified copy, of the letters of administration must be furnished. Section 3477, United States Revised Statutes, prohibits the transfer or assignment of claims against the United States, and, therefore, any attempted transfer or assignment of a claim under either of the before-mentioned sec- tions can not be recognized. TRANSMITTAL OF APPLICATIONS. Applications for repayment may be filed either in this office or in the proper district land office. When an application is filed in the district land office the register and receiver shall transmit the same with a full report of the facts in the case, as shown by their official records, and recommend either the allowance or the disallowance of the claim. The third section of the act directs the Secretary of the Interior to at once certify to the Secretary of the Treasury the amount of any excess moneys, purchase moneys, or commissions, ascertained by the Commissioner of the General Land Office to be due under this act, and the Secretary of the Treasury is authorized and directed to make repayment of all amounts so certified out of any moneys not otherwise appropriated and to issue his warrant in settlement thereof. CREDIT FOR PRIOR PAYMENT IN SECOND APPLICATION TO COM- MUTE. In cases where the commutation homestead proof, upon which you have issued certificate and receipt, has been rejected by this office, the certificate canceled and the original entry allowed to stand subject to future compliance with the law, if second commutation proof is accepted and credit is allowed for the purchase money paid on the first proof, the register will issue his certificate, bearing proper number and date, noting thereon: ' ' Purchase money, $ .... paid, , 19 . . , per receiv.er 's receipt No. The receiver will show on his "Abstract of collections on commuted homesteads" the date of the register's certificate, the name of the entryman, and the purchase money in the proper columns, in ( ), with the above notation on a separate line. The amount will not be included in the footing. The receiver will issue receipt (Form 4-131) for testimony fees paid on the second proof, with notation to show that the "purchase money was paid , 19. ., per receiver's receipt No " Before allowing credit on account of payment in a prior canceled cash entry, as hereinbefore set forth, the register and receiver are charged with the duty of securing the approval of the Commissioner of the General Land Office therefor. Very respectfully, Approved July 23, 1910. Fred Dennett, Frank Pierce, Commissioner. Acting Secretary. DIGEST OF DECISIONS ON REPAYMENT. "A desert entry of land embraced within a prior preemption filing is not an entry 'erroneously allowed' within the meaning of the repayment act, though an entry so made is subject to the subsequent assertion of the pre- emptor's right." "The provisions of Section 2362, Revised Statutes, and of the Act of June 16th, 1880, with respect to repayment, contemplate relief only in cases where for some reason not within the entryman 's control, title to the land cannot be passed by the Government." Citing J. N. Cauzell, 24 L. D., 575. 542 "Repayment should be allowed if 'from any cause' the entry was errone- ously allowed and no fraud appears. n Instructions, 1 L. D., 526. See also table Circulars, Instructions, and Regulations. 4 ' In case of an entry that is ' erroneously allowed ' for land not subject thereto, and canceled for that reason, repayment may be granted without inquiry as to the truth or falsity of the final proof. ' ' W. E. McCord, 23 L. D., 137. "An entry is not 'erroneously allowed* within contemplation of the repay- ment statute where the alleged defect is not of such a character as to neceV sarily defeat confirmation of the entry, and might have been cured by com- pliance with the requirements of the General Land Office." Anthracite Mesa Coal Mining Company, 28 L. D., 551. "The right to does not exist where the entry is properly allowed or proofs presented, but is subsequently canceled on the ascertainment it was procured on the false and misleading representations of the entryman. " Felix McGinn, 25 L. D., 29. Crayton P. Bryant, 25 L. D., 30. Edw. H. Sanford, 26 L. D., page 3. W. H. Irvine, L. D., 422. "If the land entered is not of the character contemplated by law under which the entry is made, but is expressly represented by the entryman to be of such character, and the lands of the entries procured by such representa- tion, the entry in such cases is wrongfully procured and not 'erroneously allowed' within the meaning of the repayment law." Geo. A. Stone, overruling the case of E. C. Mason, 22 L. D., 337; 25 L. D., 111. "The right of repayment will be recognized in case of a desert land entry 'erroneously allowed' for land on both sides of a meandering stream, which was not the class which should have been meandered and which renders the tracts embraced within the entry uncontinuous, notwithstanding the entry was canceled for a different reason." Abram Cole, 31 L. D., 311. "The right to the repayment of the purchase money paid on desert land entry will be recognized where the entry as allowed is in form prima facie incompact, and it does not appear from the record that it was in as nearly compact form 'as its situation to the land and the situation of other lands will admit of and was for reason erroneously allowed and could not have been confirmed." Julia B. Keeler, 31 L. D., 354. Section 2357, of the Revised Statutes, considered, right of repayment an- nounced. Wm. W. Brandt, 31 L. D., 277. A relinquishment filed with an application for repayment, in compliance with the terms of the repayment statute, should be treated as part of such application and accepted only in event of approval of the repayment claim. The Act of March 26th, 1908, does not repeal or modify existing laws covering repayments, nor does it authorize or contemplate opening of case under prior laws. Peter A. Hausman, 37 L. D., 352. "The term 'erroneously allowed' under the Act of June 16th, 1880, authorizes repayments in cases where entries have been erroneously allowed and cannot be confirmed, has reference solely to -erroneous action on part of Government and furnishes no authority for repayment where by reason of mistake in description a timber and stone entry is made for land not intended to be entered. Marie Steinberg, 37 L. D., 234. Concerning subject of repavment consult the following cases: Joseph Gibson, 37 L. D., 338. James Febes, 37 L. D., 210. Chas. C. Van Wanner, 37 L. D., 714. 35 L. D., 492. David K. Emmons, 35 L. D., 599. J. C. Murphy's Administrator et al., 35 L. D., 152. Eugene Despin, 35 L. D., 580. Wm. F. Brown, 35 L. D., 177. 36 L. D., 388. Golden Empire Mining Co., 36 L. D., 561. 543 John W. Blee, 36 L. D., 265. Harry M. Love, 36 L. D., 266. John'H. Wolff, 36 L. D., 428. Monroe Morrow, 36 L. D., 155. 1'nion Pacific Railroad Co. et al., 38 L. D., 262. D. B. Bowersox, 38 L. D., 213. Walter Hollenstein, 38 L. D., 319. Peter X. Hanson, 38 L. D., 169. (has. M. L. Daley, 39 L. D., 90. Instructions, 39 L. D., 141. Otto Westfal, 39 L. D., 7.r2. Frank G. Bell, 39 L. D., 191. < 'alara F. Moran, 39 L. D., 434. Hulda Rosling, 39 L. D., 477. Mary Ward, 39 L. D., 495. Instructions, timber and stone, 39 L. D., 573. RELINQUISHMENTS. See Married Women page 266. See Deserted Wife page 266. Circular of January 25, 1904, p. 82, contains the following regu- lation concerning relinquishment. The first section of the Act of May 14, 1880, provides : (1) "That when a preemption, homestead, or timber culture claimant shall file a written relinquishment of his claim in the Laud Office, the land covered by such claim shall be held as open to settle- ment and entry without further action on the part of the Commis- sioner of the General Land Office. (2) "Relinquishments run to the United States alone, and no person obtains any right to the land by mere purchase of a relin- quishment of filing or entry." Entries and filings made for the purpose of holding the land for speculation and the sale of relinquishments are illegal and fraudu- lent, and every effort in the power of the Government will be exerted to prevent such frauds and to detect and punish the per- petrators." (3) "Purchasers of relinquishment of fraudulent filings or entries should understand that they purchase at their own risk, so far as the United States is concerned, and must seek their own remedies under local laws against those who, by imposing such relinquishments upon them, have obtained their money without valuable consideration." "The first section of the Act of May 14, 1880, provides that when a preempt ion, homestead or timber culture claimant shall file a written relinquishment of his claim in the Land Office, the land covered by such claim shall be held as open to settlement and entry without further action on the part of the Commissioner of the General Land Office. The Register will note on each relinquishment, over his signature, the day and hour of its receipt, and will write the words 'cancelled by relinquishment' (giving date) opposite the record of the entry in the tract book, the register of entries, and the register of re- ceipts, and will draw a line over the number of the entry on the township plat. On Monday of each week the Register and Receiver are directed to transmit to this office all the relinquishments accepted by them 544 the preceding week, classifying the same in their letter of trans- mittal by class of entry so transmitted. Relinquishments run to the United States alone, and no person obtains any right to the land by the mere purchase of a relinquish- ment of filing or entry. Entries and filings made for the purpose of holding the land for speculation and the sale of relinquishments are illegal and fraudulent, and every effort in the power of the Government will be exerted to prevent such frauds and to detect and punish the perpetrators. Purchasers of relinquishments of fraudulent filings or entries should understand that they purchase at their own risk, so far as the United States is concerned, and must seek their own remedies under local law sagainst those who, by imposing such relinquish- ments upon them, have obtained their money without valuable consideratipn. " RELINQUISHMENTS CONTESTANT'S PREFERENCE HOMESTEAD SETTLEMENTS. An Act for the relief of settlers on public lands. Be it enacted by the Senate and House of Eepresentatives of the United States of America in Congress assembled, That when a preemption, homestead, or timber culture claimant shall file a written relinquishment of his claim in the local land office, the land covered by such claim shall be held as open to settlement and entry without further action on the part of the Commissioner of the General Land Office. Sec. 2. In all cases where any person has contested, paid the land office fees, and procured the cancellation of any preemption, homestead, or timber- culture entry, he shall be notified by the register of the land office of the district in which such land is situated of such cancellation, and shall be allowed thirty days from date of such notice to enter said lands: Provided, That said register shall be entitled to a fee of one dollar for the giving of such notice, to be paid by the contestant, and not to be reported. Sec. 3. That any settler who has settled, or who shall hereafter settle, on any of the public lands of the United States, whether surveyed or unsur- veyed, with the intention of claiming the same under the homestead laws, shall be allowed the same time to file his homestead application and perfect his original entry in the United States Land Office as is now allowed to settlers under the preemption laws to put their claims on record, and his rights shall relate back to the date of settlement the same as if he settled under the pre- emption laws. Approved, May 14, 1880 (21 Stat., 140). (4) These relinquishments are of no force or effect until filed with the Land Office for the district in which the land is situated. When received at the Land Office the day and hour received will be noted over the signature of the officer receiving the same, and proper notations will be made upon the serial register, tract book and plats and other records. These papers are trans- mitted to the General Land Office with the register's return at the end of the month in which they are received. A schedule of such relinquishments is kept on file in the local land office. (See circular of June 10, 1908, L. D.) (5) Relinquishments of entries can not defeat the preference right of con- testants. Contests are presumed to induce relinquishments. This presumption is always followed and the burden is on the applicant presenting the relinquish- ment of a contested entry to show that as a matter of fact the relinquishment was not induced by the contest. (See Circular, , page .) (6) An entryman who relinquishes his entry .exhausts his right to make another unless he can bring himself within the provisions of the law allowing second homestead entries, or presents such state of facts as will justify the exercise of the equitable powers of the Department in allowing second notice. For information on this subject consult Title "Second Homestead En- tries." 545 A relinquishment of a non-contested entry presented with new application gives the applicant the first right to file on the land. (7) A relinquishment of a non-contested entry of land in the possession of another at the time of filing of relinquishmeiit can not defeat the right of the party in possession. (8) "The right of a settler who is residing upon land covered by the entry of another attaches eo instanti on the relinquishment and cancellation of such entry, and is superior to that of a homesteader who makes entry of the land immediately after its relinquishment." (Stone v. Cowles, 13 L. D., 192.) (9) A timber culture entryman who files a relinquishment and thereupon applies to another the land under the homestead law, can not thereby defeat the right of a settler who is residing upon said land at the date of the relinquish- ment. (13 L. D., 148.) (10) "Takes effect immediately on filing notwithstanding a pending contest and opens the land to the entry of the first legal applicant, which is subject, however, to the preferred right of the contestant." (11 L. D., 266, 283, 313-619.) (11) "The right of a settler who is on land embraced within the entry of another attaches at once on the relinquishment of said entry, and defeats an application to another filed by a third party immediately after said relinquish- ment." Neil v. Southard, 16 L. D., 386; Zaspell v. Nolan, 13 L. D., 148; Fosgate v. Bell, 14 L. D., 439; McGowan v. McCann, 15 L. D., 542. ' ' A settler on land covered by the entry of another acquires a legal status, as against the Government the instant such entry is relinquished, and the right thus acquired is not defeated by the entry of a third party immediately fol- lowing said relinquishment." (McCann, 15 L. D., 542.) (12) "A settler on land covered by the entry of another acquires a legal status, as against the Government the instant such entry is relinquished, and the right thus acquired is not defeated by the entry of a third party immedi- ately following said relinquishment." (McCann, 15 L. D., 542.) (13) Under the above rulings a person in possession of land at the time of the relinquishment has the right of entry on the ground of prior possession, and his remedy is by contest on that ground, or by applying for an order directing the entryman to show cause why his entry should not be canceled, on the ground that the applicant is a prior settler. On February 13, 1912, Commissioner of the General Land Office issued Circular No. 81, covering additional relinquishments: (a) Conditional Relinquishments. * * * By direction of the Secretary of the Interior, you are advised that the practice now prevailing in some local offices of allowing the filing of a conditional relinquishment of an entry or claim subject to the allowance of an accompanying application for the land involved, must be discontinued. Accordingly you are advised of such practice that hereafter (except as noted below) the filing of a relinquishment of an entry or claim will be treated as absolute, and cancellation thereof at once noted of record, and the tract embraced therein will be subject to disposition under existing laws. The only exceptions to this rule are relinquishments of approved rights of way, condi- tioned upon the approval of a subsequent application, filed as an amendment to the approved right of way, or as an independent application, but in whole or in part with the approved right of way. Such relinquishments should not be noted until you are advised of their acceptance by this office. Many applications for improvements of entries are accompanied by relinquish- mentfl of the tracts sought to be excluded. This is not necessary, and you should advise such applicants that if the relinquishment is filed it is your duty to at once make the same of record." (14) An entryman may relinquish at pleasure any legal subdivision of his entry, if no transfer thereof has been made, and such relinquishment will take effect immediately upon its filing." (Strader v. Goodhue, 31 L. D., 137.) (15) If an entry is relinquished pending attack by several parties alleging priority of settlement, the question of priority shall be determined before allowing either of the parties contestant to make entry of the land involved." (Cagle v. Mendenhall, 26 L. D., 177.) (16) "A contract to soil the relinquishment of a homestead entry is not in violation of the oath required of the homestead applicant by Section 2290 of the 546 Revised Statutes as amended by the Act of March "3, 1891, and is no ground for cancellation of the entry if good faith on the part of the entryman at the time of making his entry is apparent." (Stubendordt v. Carpenter, 32 L. D., 139.) (17) Relinquishment of entries run only to the United States, and when filed for any purpose operate to clear the record of the entries to which they relate and should generally be treated as a part of the records of the Land Department." (Judson Reno, 35 L. D., 254.) (18) "No such rights are required by an application to intervention in proceedings instituted by the Government against a final entry as will prevent the acceptance of a relinquishment of the entry and the allowance of another application for the same land." (36 L. D., 440.) (19) "A relinquishment of an entry procured through misrepresentation is invalid." (Kunz v. Jochim, 37 L. D./169.) (20) "The filing of an unconditional relinquishment operates eo instanti to terminate the entry, which is thereafter no obstacle to the making of a second entry by the entryman notwithstanding it may remain uncanceled of record." (37 L. D., 282.) (21) "A relinquishment of a part of a homestead entry, which would render the remaining tracts noncontiguous, should not be accepted. Where, however, such a relinquishment was accepted, and the eutryman upon the faith of such action complies with the law and submits proof with respect to the remaining noncontiguous tracts, the entry may be submitted to the board of equitable adjudication with a view to confirmation." (Geo. H. Plowman, 38 L. D., 412.) (22) "A homestead entry by one who purchased the improvements and relinquishment of a prior entryman will not be canceled to reinstate the former entry in the absence of fraud or bad faith merely because the relinquishment of the former entry was filed after the entryman 's death. As between the parties a sale of improvements and relinquishment of an entry is a valid contract and though it conveys no right as against the United States, it is obligatory on the entryman and his heirs, and the equity of the purchase to make entry may properly be recognized if exercised promptly and prior to the intervention of any adverse right." (Wilson v. Holmes et al., 38 L. D., 475.) (23) Entry not to be canceled until rights of mortgagee have been deter- mined. (Henry Gimble et al., 38 L. D., 198.) (24) The relinquishment of homestead entry in good faith to avoid con- troversy with an adverse claim believed, or reasonably apprehended to be superior, would not defeat the right of the party to make a second entry under the Act of February 3, 1911. Patry v. Eowe, 39 L. D., 219. (For further information on this subject see Title Re-payment Mortgage, Possession of Lands.) [In reply please refer to Circular No. 141.] INSTRUCTIONS AS TO KELINQUISHMENTS BY INDIANS. Department of the Interior, General Land Office, Washington, July 15, 1912. Registers and Receivers, United States Land Offices. Sirs: The Commissioner of Indian Affairs in his letter of July 1, 1912, requests that the local officers be instructed to require Indians, in the execu- tion of relinquishments, of allotment applications, or homestead entries under the Act of July 4, 1884, to make a statement on the back of the relinquishments submitted of the reasons governing them in making such relinquishments. The Commissioner of Indian Affairs states that this would, in many cases, eliminate the necessity of obtaining from the officials in the field a special report as to the propriety of accepting the relinquishment. You will, therefore, in case of a relinquishment, filed by an Indian, of an allotment application, or of a homestead entry, under the Act of July 4, 1884, require the party to write at the foot of the regular form provided for relin- quishments, or upon the back thereof, a clear statement of his reasons for desiring to make such relinquishment. Very respectfully, S. V. Prondfit, Assistant Commissioner, 547 SALE AND DISPOSAL OF THE PUBLIC LANDS. Sec. 2353. Public sale of lands in half quarter-sections. Sec. 2354. Private sales, in what bodies. Sec. 2355. Private sales, proceedings in. Sec. 2356. No credit on sales of public lands. See. 2357. Price of lands $1.25 per acre. Sec. 2358. Public lands may be offered for sale in such proportions as the President chooses. Sec. 2359. Advertisement of sales. Sec. 2360. Duration of sales. Sec. 2361. Several certificates issued to two or more purchasers of same section. Sec. 2362. Purchase-money refunded where sale cannot be confirmed. Sec. 2363. Eefunding in certain cases, how done. Sec. 2364. Minimum price, how fixed when reservations sold. Sec. 2365. Highest bidder when preferred in private sales. Sec. 2366. What coins receivable in payment for public lands. Sec. 2367. Lands in California subject to private entry and withdrawn, how to be opened to entry. Sec. 2368. Certain lands located in good faith, by claims arising under treaty of September 30, 1854, may be purchased, etc. Sec. 2369. Mistakes in entry of land, provisions for. Sec. 2370. Mistakes in patent lands. Sec. 2371. Mistakes in location of warrants. Sec. 2372. Error in entry by mistake of numbers, proceedings upon. Sec. 2373. Agreement and acts intended to prevent bids, penalty. Sec. 2374. Agreements to pay premium to purchasers at public sales. Sec. 2375. Recovery of premiums paid to purchasers at public sales. Sec. 2376. Discovery of agreements to pay premiums by bill in equity. Sec. 2377. Limitation of entries by agricultural-college scrip. Sec. 2378. Grant to new States. Sec. 2379. Selections and locations of lands granted in last section. Sec. 2353. All the public lands, the sale of which is authorized by law. shall, when offered at public sale to the highest bidder, be offered in half quarter-sections. 24 April, 1820, c. 51, s. 1. v. 3, p. 566; U. S. v. Gratiot, 14 Pet., 526; Oliver v. Piatt, 3 How., 333; Brown's Lessee v. Clements, 3 How., 650; Gazzam v. PhillipSj 20 How., 372; Eldred v. Septon, 19 Wall., 189. Sec. 2354. All the public lands, when offered at private sale, may be pur- .chased, at the option of the purchaser, in entire sections, half-sections, quarter- sections, half quarter-sections, or quarter quarter-sections. Sec. 2355. Every person making application at any of the land offices of the United States for the purchase at private sale of a tract of land shall produce to the register a memorandum in writing, describing the tract, which he shall enter by the proper number of the section, half-section, quarter-section, half quarter-section, or quarter quarter-section, as the case may be, and of the township and range, subscribing his name thereto, which memorandum the register shall file and preserve in his office. Sec. 2356. Credit shall not be allowed for the purchase-money on the sale of any of the public lands, but every purchaser of lands sold at public sale shall, on the day of purchase, make complete payment therefor; and the pur- chaser at private sale shall produce to the register of the land office a receipt from the Treasurer of the United States, or from the receiver of public moneys of the district, for the amount of the purchase-money on any tract, before he enters the same at the land office; and if any person, being the highest bidder at public sale for a tract of land, fails to make payment therefor on the day on which the same was purchased, the tract shall be again offered at public sale on the next day of sale, and such person shall not be. capable of becoming the purchaser of that or any other tract offered at such public sales. Sec. 2357. The price at which the public lauds are offered for sale shall be one dollar and twenty-five cents an acre; and at every public sale, the highest bidder, who makes payment as provided in the preceding section, shall be the purchaser; but no land shall be sold, either at public or private sale, for a less price than one dollar and twenty-five cents an acre; and all the public lands which are hereafter offered at public sale, according to law, and remain unsold at the close of such public sales, shall be subject to be sold at private sale, 548 by entry at the land office, at one dollar and twenty-five cents an acre, to be paid at the time of making such entry: Provided, That the price to be paid for alternate reserved lands, along the line of railroads within the limit granted by any Act of Congress, shall be two dollars and fifty cents per acre. Sec. 2358. Whenever the President is authorized to cause the public lands, in any land-district, to be offered for sale, he may offer for sale, at first, only a part of the lands contained in such district, and at any subsequent time or times, he may offer for sale in the same manner any other part, or the remainder of the lands contained in the same. Sec. 2359. The public lands which are exposed to public sale by order of the President shall be advertised for a period of not less than three nor more than six months prior to the day of sale, unless otherwise specially provided. Sec. 2360. The public sales of lands shall, respectively, be kept open for two weeks, and no longer, unless otherwise specially provided by law. Sec. 2361. Where two or more persons have become purchasers of a section or fractional section, the Register of the land office of the district in which the lands lie shall, on application of the parties, and a surrender of the original certificate, issue separate certificates, of the same date with the original, to each of the purchasers, or their assignees, in conformity with the division agreed on by them; but in no case shall the fractions so purchased be divided by other than north and south, or east and west, lines; nor shall any certificate issue for less than eighty acres. Sec. 2362. The Secretary of the Interior is authorized, upon proof being made, to his satisfaction, that any tract of land has been erroneously sold by the United States, so that from any cause the sale cannot be confirmed, to repay to the purchaser, or to his legal representatives or assignees, the sum of money which was paid therefor, out of any money in the Treasury not otherwise appropriated. Sec. 2363. Where any tract of land has been erroneously sold, as de- scribed it the preceding section, and the money which was paid for the same has been invested in any stocks held in trust, or has been paid into the Treasury to the credit of any trust-fund, it is lawful, by the sale of such portion of the stocks as may be necessary for the purpose, or out of such trusf-fund, to repay the purchase money to the parties entitled thereto. Sec. 2364. Whenever any reservation of public lands is brought into market, the Commissioner of the General Land Office shall fix a minimum price, not less than one dollar and twenty-five cents per acre, below which such lands shall not be disposed of. Sec. 2365. Where two or more persons apply for the purchase, at private sale, of the same tract, at the same time, the Eegister shall determine the preference, by forthwith offering the tract to the highest bidder. See. 2366. The gold coins of Great Britain and other foreign coins shall be received in all payments on account of public lands, at the value estimated annually by the Director of the Mint, and proclaimed by the Secretary of the Treasury, in accordance with the provisions of section thirty-five hundred and sixty-four, title, "The Coinage." Sec. 2367. Wherever lands in California subject to private entry have been or are hereafter withdrawn from market for any cause, such lands shall not thereafter be held subject to private entry until they have first been open for at least ninety days to homestead and pre-emption settlers, and again offered at public sale. Sec. 2368. The Secretary of the Interior is authorized to permit the pur- chase, with cash or military bounty-land warrants, of such lands as may have been located with claims arising under the seventh clause of the second article of the treaty of September thirty, eighteen hundred and fifty-four, at such price as he deems equitable and proper, but not at a less price than one dollar and twenty-five cents per acre, and the owners and holders of such claims in good faith' are also permitted to complete their entries, and to perfect their titles under such claims upon compliance with the terms above mentioned; but it must be shown to the satisfaction of the Secretary of the Interior that such claims are held by innocent parties in good faith, and that the locations made under such claims have been made in good faith and by innocent holders of the same. Sec. 2369. In every case of a purchaser of public lands, at private sale, having entered at the land office, a tract different from that he intended to purchase, and being desirous of having the error in his entry corrected, he 549 shall make his application for that purpose to the Register of the land office; and if it appears from testimony satisfactory to the Register and Receiver, that an error in the entry has been made, and that the same was occasioned by original incorrect marks made by the surveyor, or by the obliteration or change of the original marks and numbers at corners of the tract of land; or that it has in any otherwise arisen from mistake or error of the surveyor, or officers of the land office, the Register and Receiver shall report the case, with the testimony and their opinion thereon, to the Secretary of the Interior, who is authorized to direct that the purchaser is at liberty to withdraw the entry so erroneously made, and that the moneys which have been paid shall be applied in the purchase of other lands in the same district, or credited in the payment of other lands which have been purchased at the same office. Sec. 2370. The provisions of the preceding section are declared to extend to all cases where patents have issued or may hereafter issue; upon condition, however, that the party concerned surrenders his patent to the Commissioner of the General Land Office, with a relinquishment of title thereon, executed in a form to be prescribed by the Secretary of the Interior. Sec. 2371. The provisions of the two preceding sections are made appli- cable in all respects to errors in the location of land warrants. Sec. 2372. In all cases of an entry hereafter made, of a tract of land not intended to be entered, by a mistake of the true numbers of the tract intended to be entered, where the tract, thus erroneously entered, does not in quantity exceed one-half section, and where the certificate of the original purchaser has not been assigned, or his right in any way transferred, the purchaser, or, in case of his death, the legal representatives, not being assignees or transferees, may, in any case coming within the provisions of this section, file his own affidavit, with such additional evidence as can be procured, showing the mistake of the numbers of the tract intended to be entered, and that every reasonable precaution and exertion had been used to avoid the error, with the Register and Receiver of the land district within which such tract of land is situated, who shall transmit the evidence submitted to them in each case, together with their written opinion, both as to the existence of the mistake and the credibility of each person testifying thereto, to the Commissioner of the General Land Office, who, if he be entirely satified that the mistake has been made, and that every reasonable precaution and exertion had been made to avoid it, is authorized to change the entry, and transfer the payment from the tract erroneously entered, to that intended to be entered, if unsold; but if sold, to any other tract liable to entry; but the oath of the person interested shall in no case be deemed sufficient, in the absence of other corroborating testimony, to authorize any such change of entry; nor shall anything herein contained affect the right of third persons. Sec. 2373. Every person, who, before or at the time of the public sale of any of the lands of the United States, bargains, contracts, or agrees, or attempts to bargain, contract, or agree, with any other person, that the last named person shall not bid upon or purchase the land so offered for sale, o"r any parcel thereof, or who, by intimidation, combination, or unfair manage- ment, hinders, or prevents, or attempts to hinder or prevent, any person from bidding upon or purchasing any tract of land so offered for sale, shall be fined not more than one thousand dollars, or imprisoned not more than two years, or both. Sec. 2374. If any person before, or at the time of the public sale of any of the lands of the United States, enters into any contract, bargain, agreement, or secret understanding with any other person, proposing to purchase such land, to pay or to give to such purchasers for such land a sum of money or other article of property, over and above the price at which the land is bid off by such purchasers, every such contract, bargain, agreement, or secret under- standing, and every bond, obligation, or writing of any kind whatsoever, founded upon or growing out of the same, shall be utterly null and void. Sec. 2375. Every person being a party to such contract, bargain, agree- ment, or secret understanding, who pays to such purchaser any sum of money or any other article of value, over and above the purchase money of such land, may sue for and recover such excess from such purchaser in any court having jurisdiction of the same. Sec. 2376. If the party aggrieved have no legal evidence of such contract, bargain, agreement, or secret understanding, or of the payment of the excess, he may, by bill in equity, compel such purchaser to make discovery thereof; and if in such case the complainant shall ask for relief, the court in which 550 the bill is pending may proceed to final decree between the parties to the same; but every such suit either in law or equity shall be commenced within six years next after the sale of such land by the United States. Sec. 2377. In no case shall more than three sections of public lands be entered at private entry in any one township by scrip issued to any State under the Act approved July two, eighteen hundred and sixty-two, for the establishment of an agricultural college therein. Sec. 2378. There is granted, for purposes of internal improvement, to each new State, hereafter admitted into the Union, upon such admission, so much public land as, including the quantity that was granted to such State before its admission and while under a territorial government, will make five hundred thousand acres. Sec. 2379. The selections of lands, granted in the preceding section, shall be made within the limits of each State so admitted into the Union, in such manner as the legislatures thereof, respectively, may direct; and such lands shall be located in parcels conformably to sectional divisions and sub- divisions of not less than three hundred and twenty acres in any one location, on anv public land not reserved from sale by law of Congress or by proclama- tion of the President. The locations may be made at any time after the public lands in any such new State have been surveyed according to law. SUPERVISORY CONTROL. Authority of Secretary. The Secretary is bound to exercise "that just supervision which the law vests in him over all proceedings instituted to acquire portions of the public lands": Lee v. Johnson, 116 U. S. 48; this supervisory power may be exercised of his own motion and in the absence of appeal; Knight v. Land Assn., 142 U. S. 178; Pueblo of San Francisco, 5 L. D. 483; it is ordinarily to be exercised according to certain fixed rules; Asher v. Holmes, 8 L. D. 396; and is properly involved by application for certiorari; H. C. Putnam, 5 L. D. 22; it is properly exercised to prevent sub- stantial injustice; Dickson v. Schlater, 2 L. D. 597; Oscar T. Koberts, 8 L. D. 423; as in case of relinquishment by an entryman to defraud his transferee; William v. U. S., 138 U. S. 514; it extends to a waiver of all irregularities in the proceedings and consideration of the case on its merits; C. W. Filkins, 5 L. D. 49, to order a hearing out of time; Alice Placer, 4 L. D. 314; Sweeney v. Wilson, 10 L. D. 157; Devereux v. Hunter, 11 L. D. 214; Tarn v. Story, 16 L. D. 282; to overlook delay or irregularity in filing a motion for review; R. R. v. Bass, 14 L. D. 443; to reopen a case that has been closed by failure to appear; Pikes Peak Lode, 14 L. D. 47; Purcell v. R. R., 14 L. D. 574; and to dispense with the requirements of the rules of practice; see Power to Waive Rules. See case, Cogle v., 26 L. D. 177. Authority of Commissioner. "The Commissioner of the General Land Office exercise a general superintendence over the subordinate officers of his department, and is clothed with liberal powers of control, to be exercised for the purpose of justice and to prevent the consequences of inadvertence, irregularity, mistake and fraud in the important and extensive operations of that officer;" so he may accept surrender of a patent and issue a new one to correct an error: Bell v. Hearne, 1.9 How. 252; the Commissioner's power and duty of supervision are emphasized in Barnard v. Ashley, 18 How. 43; Stephen Sweayze, 5 L. D. 570; Dippert v. Berger, 13 L. D. 496; Cogle v. Men- denhall, 26 L. D. 177. An inherent supervisory power, independent of the Rules of Practice, is claimed by the Commissioner (McFarland in Willardson v. Dusterberg, 1 L. D. 455); and the Commissioner has power to waive the requirements of any of the Rules of Practice. (See Waiver by Commissioner.) Force of Departmental Regulations. All officers administering the public lands are bound by the regulations of the Department; Harkness v. Underbill, 1 Black 325; the Rules of Practice have the force of a statute; Parker v. Castle, 4 L. D. 84; Stevens v. Robinson, 5 L. D. Ill; Farrier v. Falk, 13 L. D. 546; Witt v. Henley, 12 L. JD. 198; so of Circulars; Hyde v. Warren, 14 L. D. 575; a Departmental regulation not contrary to law has the force of law and will justify cancellation of entries made or prosecuted in violation of it; Rogers v. Lukens, 6 L. D. Ill; Hessong v. Burgan, 9 L. D. 353; and a decision construing a rule has the effect of law; Waterhouse v. Scott, 13 L. D. 718; and all persons are bound to take notice of Departmental rulings; Hoover v. Lawton, 13 L. D. 635. A Department regulation requiring a record to be kept makes such record 551 evidence of its contents; as a record of registered letters; Gurney v. Howe, 9 Gray 404; and the records of the Signal Service; De Armond v. Neasmith, 32 Mich. 231; Evanston v. Gunn, 99 U. S. 660. But a Departmental regulation may be void, though not contrary to any express provision of law; Quinn v. Chapman, 111 U. S. 445. Force of Departmental Usage In addition to formal regulations and decisions, "usages have been established in every department of the Govern- ment, which have become a kind of common law, and regulate the rights and duties of those who act within their respective limits": U. S. v. McDaniel, 7 Peters 1; Instructions, 13 L. D. 9. Effect of Local Law. The provisions of local statutory law cannot vary the practice in the land office; Dewey v. Christie, 4 L. D. 346, but may regulate matters not provided for by Departmental Kules; Hagan v. Gulbranson, 10 L. D. 238, and cases cited. Power to Waive the Eules. Every court has inherent power to suspend its rules to prevent injustice; Yturbide v. U. S., 22 How. 290; Poultney v. LaFayette, 12 Peters 472; and the Eules of Practice will not be allowed to hinder the just disposal of the public land; Ayers v. Buell, 2 L. D. 257; and will be waived in the interest of substantial justice; Pierce v. McDougal, 11 L. D. 183, and cases cited. But the rules are waived only where good reason is shown therefor; Vesu- vius Lode, 11 L. D. 101; to prevent grevious wrong or to correct palpable mistakes; Oregon, 9 L. D. 360; and not unless the necessity is urgent and no other rights are to be prejudiced; Wm. E. Dargie, 13 L. J>. 227; Stevens v. Robinson, 5 L. D. Ill; an application for relaxation of the rules should be full and definite and supported by affidavit; Witt v. Henley, 12 L. D. 198. While the Department may overlook violations of its own regulations, it cannot dispense with laws: Doten v. Derevan, 3 L. D. 254. Waiver by Commissioner. The Commissioner has power to dispense with any regulation established by himself: Lytle v. Arkansas, 9 How. 314; he m&y also waive any of the Rules of Practice; Jolly Cobbler Lode, 3 L. D. 321; and his discretion will not be overruled unless prejudice appears; Bennett v. Cravens, 12 L. D. 647; he is particularly authorized to grant extension of time for filing appeals and motions for review; Ojo del Espiritu Santo, 3 L. D. 59; Haffey v. States, 14 L. D. 423; Wagon Rd. Co. v. Hart, 17 L. D. 480; Holloway v. Lewis, 13 L. D. 265, and cases cited. SALINE LANDS RESERVED AND SOLD UNDER GENERAL LAWS. The circular of the General Land Office of January 25, 1904, contained the following regulations and instructions: "Congress passed an Act January 12, 1877 (19 Stat., 221), for the sale of saline or salt-spring lands in certain States. This Act has exclusive refer- ence to that class of lands which at an early period were segregated from the public lands on account of salt springs and reserved from disposal under general laws, and which, therefore, to use the language of the statute, were 'incapable of being purchased under any of the laws of the United States relative to the public domain.' (See decision of the Supreme Court of the United States in the case of Morton v. Nebraska, 21 Wallace, 660.) These lands never were subject to the operation of the homestead and preemption laws, nor of any other law for the disposal of the public lands, except the Act of January 12, 1877, above referred to. That Act provides for the disposal of such lands in a certain contingent at private sale, and, being special in char- acter and of particular application, is not repealed or modified by the general provisions of the Act of March 2, 1889, 'to withdraw certain public lands from private entry' (25 Stat. L., 854, 32; second paragraph circular of March 8, 1889, 8 L. D., 314)." Determination of the Character of the Lands. Should prima facie evidence that certain tracts are saline in character be filed with the Register and Receiver of the proper land district, they will designate a time for a hearing at their office and give notice to all parties in interest, in order that they may have ample opportunity to be present with their witnesses. Such witnesses will be examined in regard to the saline char- acter of the given tracts and whether the same are claimed by any person; if so, the names of the claimants and the extent of their improvements must be shown. 552 * The witnesses should be thoroughly examined as to the true character of the land in other respects its agricultural capacities; what kind of crops, if any, have been raised thereon or can be raised from land of such char- acter; whether it contains any valuable deposit of mineral of any kind or of coal. In short, the testimony should be as complete as possible, and in addition to the points indicated above everything of importance bearing upon the character of the land should be elicited at the hearing. The testimony taken at the hearing will be transmitted to the General Land Office by the Kegister and Keceiver, with their opinion thereon. When the case comes before the General Land Office such a decision will be rendered in regard to the character of the land as the facts may warrant. Should the tracts be adjudged saline lands, the Register and Eeeeiver will be instructed to offer the same for sale, after public notice, at the local land office of the district in which the same shall be situated, and to sell said tract or tracts to the highest bidder for cash at a price not less than $1.25 per acre. In case said lands should not be sold when so offered, they will be subject to private sale for cash at a price not less than $1.25 per acre, in the same manner as other public lands are sold at private sale. Should the tract in question be adjudged agricultural or mineral, it will be subject to disposal as such. The provisions of this Act do not apply to any lands within the Terri- tories, nor to any within the States of Mississippi, Louisiana, Florida, Cali- fornia, or Nevada, none of which has had a grant of salines by Act of Congress; nor do they apply to the States of Idaho, North Dakota, South Dakota, Montana, Washington, or Wyoming, none of which has had an express grant of saline lands, although each has had a grant declared to be in lieu of saline and other special grants. Attention is called to the Act of January 31, 1901 (31 Stat. L., 745), which reads as follows: That all unoccupied public lands of the United States containing salt springs or deposits of salt in any form, and chiefly valuable therefor, are hereby declared to be subject to location and purchase under the provisions of the law relating to placer mining claims: Provided, That such persons shall not locate or enter more than one claim hereunder. Since the date of said Act, persons making applications to enter or locate public lands under the homestead or other laws providing for the disposal of lands not mineral in character in States and Territories excluded by statute from the operation of the general mining laws are required to furnish an affidavit (Form 4-062a) showing that the land applied for contains no salt springs or deposits of salt in any form sufficient to render it chiefly valuable therefor. (See circular of November 14, 1901; 31 L. !>., 131.) The regular non-mineral affidavit (Form 4-062) has been modified to cover the provisions of the Act above referred to, for use in those States where a non-mineral affidavit is required. For information relative to the location of this class of lands under the laws relating to placer mining, see circular of instructions under the mining laws. An Act Providing for the Sale of Saline Lands. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That whenever it shall be made appear to the Register and Receiver of any land office of the United States that any lands within their district are saline in character, it shall be the duty of said Register and said Receiver, under the regulation of the General Land Office, to take testimony in reference to such lands to ascertain their true character, and to report the same to the General Land Office; and if, upon such testimony, the Commissioner of the General Land Office shall find that such lands are saline and incapable of being purchased under any of the laws of the United States relative to the public domain, then, and in such case, such lands shall be offered for sale by public auction at the local land office of the district in which the same shall be situated, under such regulations as shall be prescribed by the Commissioner of the General Land Office, and sold to the highest bidder for cash at a price not less than one dollar and twenty-five cents per acre; and in case said lands fail to sell when so offered, then the same shall be subject to private sale at such land office, for cash, at a price not less than one dollar and twenty-five cents per acre, in the same manner as other lands of the United States are sold: Provided; That th v 558 foregoing enactments shall not apply to any State or Territory which has not had a grant of salines by Act of Congress, nor to any State which may have had such a grant, until either the grant has been fully satisfied, or the right of selection thereunder has expired by efflux of time. But nothing in this Act shall authorize the sale or conveyance of any title other than such as the United States has, and the patents issued shall be in the form of a release and quitclaim of all title of the United States in such lands. Sec. 2. That all executive proclamations relating to the sales of public lands shall be published in only one newspaper, the same to be situated, and to be designated by the Secretary of the Interior. Approved, January 12, 1877. (19 Stat., 221.)" Digest of Decisions on Subject of Saline Lands. "Until th% passage of the Act of January 31, 1901, the policy of the Government was to reserve saline lands from disposal under any of the public land lands, .whether relating to the deposition of agricultural lands or relating to the location or purchase of mineral lands, excepting as provided by the Act of January 12, 1877." (Territory of New Mexico, 21 L. D., 389.) (For grant made by section 1 of the Act 'of June 21, 1908, to Territory of New Mexico, and character of lands passing thereunder, see case Territory of New Mexico, 31 L. D., 389.) "The grant to the Territory of New Mexico, for the benefit of its Uni- versity, by section 3 of the Act of June 21, 1898, of 'All Saline Lands in said T erritory,' includes only such lands as contain common salt (sodium chloride) in its various forms of existence or deposit, and in commercially valuable quantities." (Territory of New Mexico, 35 L. D., p. 1.) Salt Springs. It is only with respect to the actual production of salt by the usual process that saline springs and deposits may be regarded as within the purview of the mining laws, and the installation upon a mining claim containing saline springs or bathhouses and appurtenances for the use of the water for bathing purposes, nor in no respect could future improvements beyond those utilized, can be regarded in any respect as mining improvements. 35 L. D., 426. (See citations of decisions under section of Eevised Statutes and Acts of Congress cited and construed.) SCRIP LOCATIONS. 1. Character of scrip. 2. Soldiers' additional homestead rights. 3. Form of assignment. 4. Circular relating to location, etc. 5. Regulations concerning location on unsurveyed land. 6. Private land indemnity scrip. 7. Bounty land warrants, etc. See Soldiers' and Sailors' Homestead Eights. 1. There are a great many kinds of scrip, among which may be men- tioned soldiers' and sailors' additional rights, forest reserve and Santa Fe, Washburn, Ewing, Alabama, Florida, Louisiana, Missouri, Sioux half breed, Valentine, Girard, Northern Pacific and others, not to mention land warrants. Space forbids extended presentation of the law and regulations concerning all of these scrips. "It was formerly the practice, on proof of military service and original entry under section 2306, Revised Statutes, to issue a certificate in the name of the soldier-entryman, showing his additional right and its area, but the practice was discontinued by circular of February 13, 1883 (1 L. D., 654), and it is held that there is no statutory authority for the same and that the soldier may obtain the right for himself or sell it to another without certifica- tion (23 L. D., 152)." By the Act of March 3, 1893 (27 Stat. L., 593), provision is made that where soldiers ' additional homestead entries have been made or initiated upon a certificate of the Commissioner of the General Land Office of the right to make such entry, and the certificate of right is found to be erroneous or invalid for any cause, the party in interest thereunder on making proof of 554 his purchase, may, if there is no adverse claimant, perfect his title by payment of the Government price for the land, but no person may acquire more than 160 acres through the location of any such certificate. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, ******* "That section one of an Act entitled 'An Act to repeal timber-culture laws, and for other purposes,' approved March third, eighteen hundred and ninety-one, be, and hereby is, amended by adding the following words to the fourth provision thereof: And provided further, That where soldiers' additional homestead entries have been made or initiated upon certifi- cate of the Commissioner of the General Land Office of the right to make such entry, and there is no adverse claimant, and such certificate is found erroneous or invalid for any cause, the purchaser thereunder, on making proof of such purchase, may perfect his title by payment of the Government price for the land; but no person shall be permitted to acquire more than one hundred and sixty acres of public land through the location of any such certificate." * * * * * ' * * Approved March 3, 1893 (27 Stat., 593). "By the Act of August 18, 1894 (28 Stat. L., 397), all certificates regu- larly issued are declared to be valid, notwithstanding any attempted sale or transfer, and holders thereof desiring to exercise a right of entry in their own names must file such certificates in the General Land Office, together with satisfactory proof of ownership and of bona fide purchase for value. If, upon examination, the proof so filed is satisfactory, an additional certificate will be attached to the original authorizing the location thereof, or entry of land therewith, in the name of the assignee or his assigns. (Circular of October 16, 1894; 19 L. D., 302.)" An Act making appropriation for sundry civil expenses of the Government for the fiscal year ending June thirtieth, eighteen hundred and ninety-five, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, ******* "That all soldiers' additional homestead certificates heretofore issued under the rules and regulations of the General Land Office under section twenty- three hundred and six of the Revised Statutes, or in pursuance of the de- cisions or instructions of the Secretary of the Interior, of date March tenth, eighteen hundred and seventy-seven, or any subsequent decisions or instructions of the Secretary of the Interior or the Commissioner of the General Land Office, shall be, and are hereby, declared to be valid, notwithstanding any attempted sale or transfer thereof; and where such certificates have been or may hereafter be sold or transferred, such sale or transfer shall not be regarded as invalidating the right, but the same shall be good and valid in the hands of bona fide purchasers for value; and all entries heretofore or hereafter made with such certificates by such purchasers shall be approved, and patent shall issue in the name of the assignees." ******* Approved August 18, 1894 (28 Stat., 397). "To prevent confusion and provide a uniform rule for the transfer and assignment of soldiers' additional rights, recertified to owners and bona fide purchasers under said Act of Congress of August 18, 1894, and official circular of October 16, 1894 (supra), the following mode of procedure should be observed: 1. The assignment may be written or printed upon a separate sheet or sheets of paper to be securely attached to the certificate. 2. Each assignment must be attested by two witnesses and duly acknowl- edged before some officer authorized to take acknowledgements of deeds in the county or district wherein the assignment is made, who shall certify that the assignor is well known to such officer, that he is the identical person to whom the soldier's additional right was recertified, and who executes the assignment thereof." (See former page.) This law does not prohibit the location of said certificates by the holders as heretofore, either by the soldiers in person or by others acting as attorneys for the soldiers and in the names of the soldiers. Therefore, when application is made to locate such a certificate by the holder in the name of the soldier 555 the entry of land under said certificate will be allowed if the application papers are regular in all other respects. The instructions above given relative to certificates of right recertified under Act of August 18, 1894 (28 Stat. L., 397), apply with equal force as to the requisites of assignments of uncertified additional homestead rights, and the forms of assignment prescribed therein may be modified so that the same shall contain the substantial matter thereof. All applications to locate certificates of additional homestead rights must describe a particular tract and be presented at the local land office having jurisdiction over the land desired to be entered, and must be accompanied by the usual nonmineral and nonsaline affidavits. An assignee of an uncertified right desiring to make an additional entry under this section must present his application as the assignee of the soldier for a specific tract of land to the Register and Receiver of the local office in whose jurisdiction the land lies, accompanying the same by a complete assignment duly executed, attested, and acknowledged as prescribed respecting the assignment of bounty land warrants. The identity of the original assignor with the soldier and original entryman must be established by the affidavits of two witnesses, preferably by such as have personal knowledge of the facts, or, if such witnesses can not be procured, a satisfactory reason must be given, and other facts presented tending to establish such identity. The applicant must furnish his affidavit of bona fide ownership at the date of the application, evidence of his citizenship, the usual nonsaline and non- mineral affidavits, and the affidavit of the soldier showing that he has in no other manner exercised his homestead right than by making the original entry, either by making an additional entry under said section or under any other Act. Affidavits to establish the material facts necessary to the proof of the existence of the right in the applicant and the character of the lands sought to be entered may be executed before any officer authorized to administer oaths, and is not confined to the land district in which the land sought to be entered is situate, and the affidavit as to the character of the land sought to be entered may be made by any credible person having the requisite knowl- edge of the premises. (31 L. D., 320.) A soldier desiring to make the additional entry in person must accompany his application with the evidence of his identity and of his unimpaired owner- ship. An application to make an additional entry, not accompanied by a certifi- cate of right from this office, must be forwarded by the local land office to this office for consideration and for instructions relative to allowing the entry. Proper notation should be made by the local officers on their records, showing the pendency of such application and the consequent segregation of the land. (See Appendix, circular letters of Febraury 18, 1890, and December 4, 1896, pp. 238-239.) The Register and Receiver will, after entry is authorized, require the party to pay the same fee and commissions as in eases of original entry; the Receiver will issue his receipt for the money paid, and these papers will receive the current date and the proper numbers in their homestead series. Then, to complete the transaction it being an object, for the convenience of business, that the additional entry papers and the final papers therefor in such cases shall be kept separate and distinct the party will make payment of the usual final commissions on the entered tract, for which the Receiver will issue his receipt; the Register will thereupon issue his final certificate for the additional tract (Form 4-197, p. 287), the receipt and certificate to bear their proper numbers in the final homestead series, likewise a reference to the original entry and to the final certificate thereon by their numbers, and also by their district, where the party's first entry shall have been made in a different district. Note. The foregoing is taken from circular of January 25, 1904. Forms for Assignment of Soldier's Certificates Recertified to Owners and Purchasers Under Act of August 18, 1894. ASSIGNMENT BY FIRST OWNER UNDER RECERTIFICATIOX. For Value Received, I, of in the , and , assignee of the original beneficiary to whom the foregoing and attached certificate was, upon the 556 . . . . clay of , 19 . . . , issued by the Commissioner of the General Land Office under section 2306 of the Eevised Statutes of the United States, and the same , to whom, as a bona fide purchaser and owner thereof such original certificate was, upon the day of , recertified by the Commissioner of the General Land Office under the Act of Congress of August 18, 1894, and official circular of the General Land Office, dated October 16, 1894, do hereby sell and assign unto of in the and , and to his heirs and assigns forever, the said cer- tificate and the right of entry and location thereby secured, and authorize him to locate the said certificate and to enter lands therewith and to receive a patent for any land so located or entered. (L.S.) Attest (Two witnesses) ACKNOWLEDGMENT. State of . . j ss County of / On the day of 19. . . ., before me personally came , to me well known, and acknowledged the foregoing assignment to be his act and deed; and I certify that the said is the identical person to whom the within certificate was recertified upon the day of , 19. . . ., and who executed the foregoing assignment thereof. And I further certify that the said certificate, at the time of making the foregoing assignment, was atached to said assignment and was presented by and was in the possession of him, the said ASSIGNMENT BY ASSIGNEE OF FIRST OWNEE. For Value Received, I, to whom the foregoing and attached certificate and right of entry and location thereby secured were assigned, do hereby sell and assign unto of , in the and , and to his heirs and assigns forever, the said certificate and right of entry and location, and authorize him to locate the said certificate and to enter lands therewith and to receive a patent for any lands so located or entered. (L.S.) Attest (Two witnesses) ACKNOWLEDGMENT. State of ) County of ' - On the day of 19 . . . . , before me personally appeared , to me well known, and acknowledged the foregoing assignment to be his act and deed; and I certify that the said is the identical person to whom the foregoing and attached certificate and right of entry and location thereby secured were on the day of 19. . . ., heretofore assigned. And I further certify that the said certificate, at the time of making the foregoing assignment, was attached to said assignment, and was presented by and was in the possession of him, the said Note All subsequent assignment may follow substantially the above form. 557 LOCATION OF WARRANTS, SCRIP, CERTIFICATES, SOLDIERS' ADDI- TIONAL RIGHTS, ETC. Circular. Department of the Interior, General Land Office, Washington, D. C., February 21, 1908. Registers and Receivers, United States Land Offices. Gentlemen: In cases of applications to locate all scrips, warrants, certifi- cates, soldiers ' additional homestead rights, or to make lieu selections of public lands of the United States, the following requirements will govern on and after April 1, 1908: 1. The location or selection must be accompanied, in addition to the evidence required by existing rules and regulations, by the affidavit of the locator, selector, or some credible person possessed of the requisite personal knowledge of the premises, showing that the land located or selected is not in any manner occupied adversely to the locator or selector. 2. You will require the locator or selector, within twenty days from the filing of his location or selection, to begin publication of notice thereof, at his own expense, in a newspaper to be designated by the Register as of general circulation in the vicinity of the land, and to be the nearest thereto. Such publication must cover a period of thirty days, during which time a similar notice of the location or selection must be posted in the local land office and upon the lands included in the location or selection, and upon each and every noncontiguous tract thereof. 3. The notice must describe the land located or selected, give the date of location or selection, and state that the purpose thereof is to allow all persons claiming the land adversely, or desiring to show it to be mineral in character, an opportunity to file objection to such location or selection with the local officers for the land district in which the land is situate, and to establish their interest therein, or the mineral character thereof. 4. Proof of publication must consist of an affidavit of the publisher, or of the foreman or other proper employee of the newspaper in which the notice was published, with a copy of the published notice attached. Proof that the notice remained posted upon the land during the entire period of publication must be made by the locator or selector or some credible persons having personal knowledge of the fact. The Register will certify to the posting in his office. The first and last days of such publication and posting must in all cases be given. Very respectfully, R. A. Ballinger, Commissioner. Approved: James Rudolph Garfield, Secretary. SCRIP-APPLICATION TO LOCATE UPON UNSURVEYED LAND. Instructions. Department of the Interior, General Land Office, Washington, D. C., December 22, 1908. Registers and Receivers, United States Land Offices. Gentlemen: Under regulations of June 17, 1874 (1 C. L. L., 806), relative to Valentine Scrip, and May 28, 1878 (2 C. L. L., 1355), relative to Sioux Half Breed Scrip, such scrip, and other kinds of scrip locatable on unsurveyed land, when located upon such land, have been retained with the location papers in local offices until the survey of the township embracing the land applied for has been made, the official plat filed, and the location adjusted to the survey. It is deemed advisable to discontinue this practice. You are accordingly directed to transmit to this office, at once, all applications to locate scrip on unsurveyed land, together with the scrip, which were filed in your offices prior to April 1, 1908, with separate report in each case as to the status of the land applied for, and all other material facts affecting the case; also, with proper report, all applications and scrip for unsurveyed land, filed subsequent to April 1, 1908, after the applicant has complied with the regulations of February 21, 1908 (36 L. D., 278). In all cases you will see that your records show, in 558 complete manner, the pendency of the application to locate such scrip. The papers will be kept in this office. When survey has been made of the laud involved in any application, and the plat has been filed in your office, you will promptly call the attention of this office to such application, giving such information as the records of your office indicate should be furnished concerning the application. The applicant will be required, within three months from the date of the filing of the official plat of survey of the township embracing the land applied for, to make proof, in the form of an affidavit, corroborated, showing the legal subdivisions of his claim; whereupon the location, in the absence of any valid objection, will be consummated, and the location certificate, and other papers, will be transmitted to this office with your monthly returns. Should the appli- cant fail to make the adjustment, you will report the fact to this office, when appropriate action will be taken. Very respectfully, Fred Dennett, Commissioner. Approved: James Eudolph Garfield, Secretary. PRIVATE LAND CLAIM INDEMNITY SCRIP. An Act defining the manner in which certain land scrip may be assigned and located, or applied by actual settlers, and providing for the issue of patents in the name of the locator or his legal representatives. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That whenever, in cases prosecuted under the Acts of Congress of June twenty-second, eighteen hundred and sixty, March second, eighteen hundred and sixty-seven, and the first section of the Act of June tenth, eighteen hundred and seventy-two, providing for the adjustment of private land claims in the States of Florida, Louisiana, and Missouri, the validity of the claim has been, or shall be hereafter, recognized by the Supreme Court of the United States, and the Court has decreed that the plaintiff or plaintiffs is or are entitled to enter a certain number of acres upon the public lands of the United States subject to private entry at one dollar and twenty-five cents per acre, or to receive certificate of location for as much of the land the title to which has been established as has been dis- posed of by the United States; certificate of location shall be issued by the Commissioner of the General Land Office, attested by the seal of said office, to be located as provided for in the sixth section of the aforesaid Act of Con- gress of June twenty-second, eighteen hundred and sixty, or applied according to the provisions of the second section of this Act; and said certificate of location or scrip shall be subdivided according to the request of the confirmee or confirmees, and as nearly as practicable in conformity with the legal divisions and subdivisions of the public lands of the United States, and shall be, and are hereby declared to be assignable by deed or instrument of writing, according to the form and pursuant to regulations prescribed by the Commis- sioner of the Genera) Land Office, so as to vest the assignee with all the rights of the original owners of the scrip, including the right to locate the scrip in his own name. Sec. 2. That such scrip shall be received from actual settlers only; in payment of preemption claims or in commutation of homestead claims in the same manner and to the same extent as is now authorized by law in the case of military-bounty land warrants. Sec. 3. That the Register of the proper land office, upon any such certificate being located, shall issue, in the name of the party making the location, a certificate of entry, upon which, if it shall appear to the satisfaction of the Commissioner of the General Land Office that such certificate has been fairly obtained, according to the true intent and meaning of this Act, a patent shall issue, as in other cases, in the name of the locator or his legal representative. Sec. 4. That the provisions of this Act respecting the assignment and patenting of scrip and its application to preemption and homestead claims shall apply to the indemnity certificates of location provided for by the Act of the second of June, eighteen hundred and fifty-eight, entitled "An Act to provide for the location of certain confirmed private land claims in the State of Missouri, and for other purposes." Approved, January 28, 1879. (20 Stat., 274.) 559 BOUNTY LAND WARRANTS LAWS AND REGULATIONS- ASSIGNMENT, LOCATION AND USE. The circular and regulation issued March 28, 1902 (31 L. D., page 277, were modified and republished under circular No. 120, dated May 24, 1912. Will probably be published in Vol. 40 or Vol. 41 of Land Decisions. SOLDIERS' AND SAILORS' HOMESTEAD RIGHTS. Department of the Interior, General Land Office, Washington, D. C., October 11, 1910. Any officer, soldier, seaman, or marine, who served for not less than ninety days in the Army or Navy of the United States during the civil war and who was honorably discharged and has remained loyal to the Government, and who makes a homestead entry, is en- titled under section 2305 of the Revised Statutes to have the term of his service in the Army or Navy, not exceeding four years, deducted from the period of five years' residence required under the homestead laws. If the party was discharged from the service on account of wounds or disabilities incurred in the line of duty, the whole term of enlistment, not exceeding four years, is to be deducted from the homestead period of five years; but no patent can issue to any homestead settler who has not resided upon, improved, and culti- vated his homestead for a period of at least one year after he com- menced his improvements. (Sec. 2305, Rev. Stat.) Similar provisions are made in the Acts of June 16, 1898 (30 Stat., 473), and March 1, 1901 (31 Stat., 847), for the benefit of like persons who served in the late war with Spain, or during the suppression of the insurrection in the Philippines. No credit for military service can be allowed where commuta- tion proof is submitted. A party claiming the benefit of his military service must file with the Register and Receiver a certified' copy of his certificate of dis- charge, showing when he enlisted, when he was discharged, and the organization in which he served, or the affidavit of two respectable, disinterested witnesses, corroborative of the allegations contained in his affidavit on these points, or if neither can be procured his own affidavit to that effect. Periods of Service for Which Credit May Be Given in Lieu of Residence. In determining the rights of parties under sections 2304-2309 of the Revised Statutes the civil war is held to have lasted from April 15, 1861, to August 20, 1866; the Spanish war and Philippine insur- rection from April 21, 1898, to July 15, 1903. Xo credit for military service can be given unless a soldier or sailor served for at least ninety days between the dates above mentioned. In computing the period of service of a soldier "who has served in the Army of the United States," within the meaning of that phrase as us*ed in section 2304 of the Revised Statutes, the entrance 560 of the soldier into the army will be considered as dating from his muster into the service and not from his enlistment. An entryman having enlisted and served ninety days during any one of the wars above mentioned is entitled under section 2305 of the Revised Statutes to credit for the full term of his service under that enlistment, although such term did not expire until after the war ceased. A person who served for less than ninety days in the Army or Navy of the United States during said wars is not entitled to have credit for military service on the required period of residence upon his homestead, although he may have been discharged for disability incurred in line of duty. A person serving in the Army or Navy of the United States may make a homestead entry if some member of his family is residing upon the land applied for, and the application and accompanying affidavits may be executed before the officer commanding the branch of the service in which he is engaged. Such soldier or sailor is not required to reside personally upon the land, but may receive patent if his family maintain the necessary residence and cultivation until the entry is five years old, or until it has been commuted. After an entryman under the enlarged homestead Act of Feb- ruary 19, 1909 (35 Stat., 639), or the Act of June 17, 1910 (36 Stat., 531), relating to Idaho, has resided upon the land embraced in his entry for such period, not less than one year, as will, with the term of his military service during the wars above mentioned, constitute five years, further residence need not be continued, but cultivation must be continued for the period required under said Acts. Persons who may be entitled to leave the land after they have resided thereon for such period as, with their military service, amounts to five years should not, however, do so without keeping the Register and Receiver of the -local land office informed of their addresses so that in the event of contest they may be notified to defend their interests. Homestead Rights of Widows and Minor Orphan Children of Deceased Soldiers and Sailors. If a soldier or sailor makes an entry or files a declaratory state- ment, and dies before perfecting the same, the right to perfect the claim, including the right to claim credit for the soldier's military service, passes to the persons named in section 2291, Revised Stat- utes ; that is, to his widow, or, if there be no widow, to his heirs or devisees. In case of the death of any person who would be entitled to a homestead under the provisions of section 2304 of the Revised Stat- utes, but who died prior to the initiation of a claim thereunder, his widow, or in case of her death or remarriage, his minor orphan children by a guardian, duly appointed and officially accredited at the Department of the Interior, may make the filing and entry in the same manner that the soldier or sailor might have done, subject to all the provisions of the homestead laws in respect to settlement and improvements; and the whole term of service, or in case of death during the term of enlistment, the entire period of enlistment in the military or naval service shall be deducted from the time otherwise 561 required to perfect the title to the same extent as might have been allowed the soldier. (Sec. 2307, Rev. Stat.) Where a homestead entry is made under section 2307, Revised Statutes, by the widow or minor orphan children of a deceased sol- dier or sailor, compliance with law both as to residence and improve- ment is required to be shown to the same extent as would have been required of the soldier or sailor in making entry under section 2304, Revised Statutes, except that credit will be given upon the five- year period for the entire term of the enlistment where the soldier or sailor died during the term of his enlistment. See departmental decision in case of Anna Bowes (32 L. D., 331). In case of widows, the prescribed evidence of military service of the husband must be furnished, with affidavit of widowhood, giving the date of her husband's death. In case of minor orphan children, in addition to the prescribed evidence of military service of the father, proof of death or remar- riage of the mother must be furnished. Evidence of death may be the testimony of two witnesses or a physician's certificate, duly attested. Evidence of marriage may be certified copy of marriage certificate, or of record of same, or testimony of two witnesses to the marriage ceremony. Minor orphan children must make a joint entry through theier duly appointed guardian, who must file certified copies of the powers of guardianship, which must be transmitted to the General Land Office by the Registers and Receivers. Soldiers' Declaratory Statements. Soldiers' and sailors' declaratory statements may be filed in the land office for the district in which the lands desired are located by any person entitled to the benefits of sections 2304 and 2307, Revised Statutes, as explained above. Declaratory statements of this char- acter may be filed either in person or through an agent acting under pow r er of attorney, but the entry must be made in person, and not through an agent, within six months from the filing of the declara- tory statement, and residence must also be established within that time. The party entitled to file a declaratory statement may make entry in person without filing a declaratory statement if he so desires. The soldiers' declaratory statement, if filed in person, must be accompanied by the prescribed evidence of military service and the oath of the person filing the same, stating his resi- dence and postoffice address, and setting forth that the claim is made for his exclusive use and benefit for the purpose of actual settlement and cultivation, and not, either directly or indirectly, for the use or benefit of any other person; that he has not hereto- fore made a homestead entry, or filed a declaratory statement under the homestead law (or if he has done so, he must show his qualifications to make a second or additional homestead entry) ; that he is not the proprietor of more than 160 acres of land in any State or Territory; and that since August 30, 1890, he has not entered or acquired title under the agricultural land laws of the United States, nor is he now claiming under said laws a quantity "of land, wl-ich with the tracts applied for would make more than 320 562 acres, or, in the case of a claim under the enlarged homestead laws, 480 acres. In case of filing a soldier's declaratory statement by agent, the oath must further declare the name and authority of the agent and the date of the power of attorney or other instrument creating the agency, adding that the name of the agent was inserted therein before its execution. It should also state in terms that the agent has no right or interest, direct or indirect, in the filing of such declaratory statement. The agent must file (in addition to his power of attorney) his own oath to the effect that he has no interest, either present or prospective, direct or indirect, in the claim; that the same is filed for the sole benefit of the soldier, and that no arrangement has been made whereby said agent has been empowered at any future time to sell or relinquish such claim, either as agent or by filing an original relinquishment of the claimant. Where a soldier's declaratory statement is filed in person the affidavit of the soldier or sailor must be sworn to before either the Register or the receiver, or before a United States commissioner, or a United States court commissioner, or judge, or clerk of a court of record in the county or land district in which the land sought is situated. Where a declaratory statement is filed by an agent, the agent's affidavit must be executed before one of the officers above mentioned, but the soldier's affidavit may be executed before any officer having a seal and authorized to administer oaths generally, and not necessarily within the land district in which the land is situated. The fee to be paid to the Register and Receiver of the land office where the declaratory statement is filed is $2, except in the Pacific States and Territories, where it is $3. A homestead entry under a declaratory statement can not be made through an agent, and the entry must be made and settlement on the land commenced within six months after the filing of the declaratory statement, and the party must continue to reside on the land and cultivate it for such period as, added to his military service, will make five years. But he must actually reside upon the land at least one year, whatever may have been the period of his military or naval service. The filing of a declaratory statement will not be held to bar the admission of filings and entries by others, but any person making entry or claim during the period allowed by law for the entry of the soldier will do so subject to his right; and the soldier's applica- tion, when offered within such time, will be allowed as a matter of right, and the intervening claimant will be notified and afforded an opportunity to be heard. As implied by the requirements of the oath, a soldier will be held to have exhausted his homestead right by the filing of his declaratory statement, it being manifest that the right to file is a privilege granted to soldiers in addition to the ordinary privilege only in the matter of giving them power to hold their claims for six months after selection before entry, but is not a license to aban- don such selection with the right thereafter to make a regular homestead entry independently of such filing. This is clear from the statutory language. Section 2304 provides: "A settler shall 563 be allowed six months after locating his homestead and filing his declaratory statement in which to make entry and commence his settlement and improvement ; ' ' and section 2309 requires him ' ' in person" to "make his actual entry, commence settlement and im- provement on the same, and thereafter fulfill all the requirements of the law." These must be done on the same lands selected and located by the filing. Very respectfully, Fred Dennett, Commissioner. Approved. Jesse E. Wilson, Acting Secretary. Revised Statutes. Sec. 2293. In case of any person desirous of availing himself of the benefits of this chapter, but who, by reason of actual service in the military or naval service of the United States, is unable to do the personal preliminary acts at the district land office which the preceding sections require ; and whose family, or some member thereof, is residing on the land which he desires to enter, and upon which a bona fide improvement and settlement have been made, such person may make the affidavit required by law before the officer commanding in the branch of the service in which the party is engaged, which affidavit shall be as binding in law, and with like penalties, as if taken before the Register or Receiver; and upon such affidavit being filed with the Register by the wife or other repre- sentative of the party, the same shall become effective from the date of such filing, provided the application and affidavit are accom- panied by the fee and commissions as required by law. Sec. 2304. Every private soldier and officer who has served in the Army of the United States during the recent rebellion for ninety days, and who was honorably discharged and has remained loyal to the Government, including the troops mustered into the service of the United States by virtue of the third section of an Act approved February thirteenth, eighteen hundred and sixty- two, and every seaman, marine, and officer who has served in the Navy of the United States or in the Marine Corps during the rebel- lion for ninety days, and who was honorably discharged and has remained loyal to the Government, and every private soldier and officer who has served in the Army of the United States during the Spanish war, or has served, is serving, or shall serve in the said army during the suppression of the insurrection in the Philippines for ninety days, and who was or shall be honorably discharged; and every seaman, marine, and officer who has served in the Navy of the United States or in the Marine Corps during the Spanish w.ir. or who has served, is serving, or shall have served in the said forces during the suppression of the insurrection in the Philippines for ninety days, and who was or shall be honorably discharged, shall, on compliance with the provisions of this chapter, as here- inafter modified, be entitled to enter upon and receive patents for a quantity of public lands not exceeding one hundred and sixty acres, or one quarter section, to be taken in compact form, accord- ing to legal subdivisions, including the alternate reserved sections of public lands along the line of any railroad or other public work 564 not otherwise reserved or appropriated, and other lands subject to entry under the homestead laws of the United States; but such homestead settler shall be allowed six months after lo'.ating his homestead and filing his declaratory statement withiL which to make his entry and commence his settlement and improvement. (As amended by Act March 1, 1901.) Sec. 2305. The time which the homestead settler has served in the Army, Navy, or Marine Corps shall be deducted from the time heretofore required to perfect title, or if discharged on account of wounds received or disability incurred in the line of duty, then the term of enlistment shall be deducted from the time heretofore required to perfect title, without reference to the length of time he may have served; but no patent shall issue to any homestead settler who has not resided upon, improved, and cultivated his homestead for a period of at least one year after he shall have commenced his improvements : Provided, That in every case in which a settler on the public land of the United States under the homestead laws died while actually engaged in the Army, Navy, or Marine Corps of the United States as private soldier, officer, seaman, or marine, during the war with Spain or the Philippine insurrection, his widow, if unmarried, or in case of her death or marriage, then his minor orphan children or his or their legal rep- resentatives, may proceed forthwith to make final proof upon the land so held by the deceased soldier and settler, and that the death of such soldier while so engaged in the service of the United States shall, in the administration of the homestead laws, be con- strued to be equivalent to a performance of all requirements as to residence and cultivation for the full period of five years, and shall entitle his widow, if unmarried, or in case of her death or marriage, then his minor orphan children or his or their legal representatives, to make final proof upon and receive government patent for said land ; and that upon proof produced to the officers of the proper local land office by the widow, if unmarried, or in case of her death or marriage, then his minor orphan children or his or their legal representatives, that the applicant for patent is the widow, if unmarried, or in case of her death or marriage, his orphan children or his or their legal representatives, and that such soldier, sailor, or marine died while in the service of the United States as hereinbefore described, the patent for such land shall issue. (As amended by Act March 1, 1901.) "Sec. 2306. Every person entitled, under the provisions of section twenty-three hundred and four, to enter a homestead, who may have heretofore entered, under the homestead laws, a quantity of land less than one hundred and sixty acres, shall be permitted to enter so much land as, when added to the quantity previously entered, shall not exceed one hundred and sixty acres." For sees. 2304, 2305, 2307, and 2309, see pages . Sec. 2307. In case of the death of any person who would be entitled to a homestead under the provisions of section two thou- sand three hundred and four, his widow, if unmarried, or in case of her death or marriage, then his minor orphan children, by a guardian duly appointed and officially accredited at the Depart- ment of the Interior, shall be entitled to all the benefits enumerated in this chapter, subject to all the provisions a to settlement and 565 improvement therein contained ; but if such person died during his term of enlistment, the whole term of his enlistment shall be de- ducted from the time heretofore required to perfect the title. ****** Sec. 2309. Every soldier, sailor, marine, officer, or other per- son coming within the provisions of section two thousand three hundred and four, may, as well by an agent as in person, enter upon such homestead by filing a declaratory statement, as in pre- emption cases; but such claimant in person shall within the time prescribed make his actual entry, commence settlements and im- provements on the same, and thereafter fulfill the requirements of the law. See Three-Year Homestead Law and Regulations Thereunder, page 473. SOLDIERS' ADDITIONAL HOMESTEADS. Lands in Former Indian Reservations in Montana Made Subject to Entries Heretofore Made Validated. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section three of the Act of May first, eighteen hundred and eighty-eight, ratifying and confirming an agreement with the various tribes or bands of Indians residing upon the Gros Ventre, Piegan, Blood, Blackfoot, and River Crow Reservations, in Montana Territory, be, and the same is hereby, amended so as to read as follows: "Sec. 3. That lands to which the right of the Indians is extinguished under the foregoing agreement are a part of the public domain of the United States and are open to the operation of laws regulating the entry, sale, or disposal of the same: Provided, That no patent shall be denied to entries here- tofore made in good faith under any of the laws regulating entry, sale, or disposal of public lands, if said entries are in other respects regular and the laws relating thereto have been complied with." (Public No. 462, Approved, March 3, 1911.) REGULATIONS UNDER TIMBER AND STONE LAW ACT OF JUNE 3, 1878, AND ACTS AMENDATORY. APPROVED NOVEMBER 30, 1908. REVISED AND APPROVED AU- GUST 22, 1911. CIRCULAR NO. 50. Department of the Interior, General Land Office, Washington, D. C., November 30, 1908. Registers and Receivers, United States Land Offices. Sirs : The regulations under the Act of June 3, 1878 (20 Stat., 89), and amendatory acts, commonly known as the timber and stone law, are hereby revised, modified, and reissued as follows: Provision for Appraisement. Any lands subject to sale under the foregoing Acts, may, under the direction of the Commissioner of the General Land Office, upon application or otherwise, be appraised by smallest legal subdi- visions, at their reasonable value, but at not less than $2.50 per acre ; and hereafter no sales shall be made under said Acts except as provided in these regulations. Character of Lands Subject to Entry. All unreserved, unappropriated, nonmineral, surveyed, public lands within the public-land States, which are valuable chiefly for 566 the timber or stone thereon and unfit for cultivation at the date of sale, may be sold under this Act at their appraised value, but in no case at less than $2.50 per acre, in contiguous legal sub- divisions upon which there is no existing mining claim, or the im- provements of any bona fide settler claiming under the public- land laws. The terms used in this statement may be defined sub- stantially as follows for the purpose of construing and applying this law : 2. Unreserved and unappropriated lands are lands which are not included within any military, Indian, or other reservation, or in a national forest, or in a withdrawal by the Government for reclamation or other purposes, or which are not covered or em- braced in any entry, location, selection, or filing which withdraws them from the public domain. 3. Unoccupied lands are lands belonging to the United States upon which there are no improvements belonging to any person who has initiated and is properly maintaining a valid mining or other claim to such lands under the public land laws. Abandoned and unused mines, shafts, tunnels, or buildings occupied by mere trespassers not seeking title under any law of the United States, do not prevent timber and stone entries if the land is otherwise capable of being so entered. 4. Nonmineral lands are such lands as are not known to con- tain any substance recognized and classed by standard authorities as mineral, in such quantities and of such qualities as would, with reasonable prospects of success in developing a paying mine thereon, induce a person of ordinary prudence to expend the time and money necessary to such development. 5. Timber is defined as trees of such kind and quantity, re- gardless of size, as may be used in constructing buildings, irriga- tion works, railroads, telegraph and telephone lines, tramways, canals, or fences, or in timbering shafts and tunnels or in manu- facturing, but does not include trees suitable for fuel only. 6. Lands valuable chiefly for timber, but unfit for cultivation are lands which are more valuable for timber than they are for cultivation in the condition in which they exist at the date of the application to purchase, and therefore include lands which could be made more valuable for cultivation by cutting and clearing them of timber. The relative values for timber or cultivation must be determined from conditions of the land existing at the date of the application to purchase. 7. Lands in all public land States may be entered, but timber and stone entries can not be made in the Territories or in the Dis- trict of Alaska. By Whom Entries May Be Made. 8. One timber arid stone entry may be made for not more than 160 acres (a) by any person who is a citizen of the United States, or who has declared his intention to become such citizen, if he is not under 21 years of age, and has not already exhausted his right by reason of a former application for an entry of that kind ; or has not already acquired title to or is not claiming under the homestead or desert-land laws through settlement or entry made since August 30, 1890, any other lands which, with the land 567 he applies for, would aggregate more than 320 acres; or (b) by an association of such persons, or (c) by a corporation, each of whose stockholders is so qualified. 9. A married woman may make entry if the laws of the State in which she applies permit married women to purchase and hold for themselves real estate, but she must make the entry for her own benefit, and not in the interest of her husband or any other person, and she will be required to show that the money she pays for the land was not furnished by her husband. 10. Any qualified person may obtain title under the timber and stone law by performing the following acts: (a) Personally ex- amining the land desired; (b) presenting an application and sworn statement, accompanied by a filing fee of $10; (c) depositing with the Receiver the appraised price of the land; (d) publishing notice of his application and proof; (e) making final proof. 11. Examination of the land must be made by the applicant in person not more than thirty days before the date of his application, in order that he may knowingly swear to its character and condition. Application and Sworn Statement: Deposit. 12. The application and sworn statement must contain the applicant's estimate of the timber, based on examination, and his valuation of the land and the timber thereon, by separate items. (See Form A, Appendix.) It must be executed in duplicate, after having been read to or by the applicant, in the presence of the officer administering the oath, and sworn to by him before such officer, who may be either the Register or the Receiver of the land district in which the land is located, a United States Commissioner, a judge or a clerk of a court of record in the county or parish in which the land is situated, or one of these officers outside of that county or parish^ if he is nearer and more accessible to the land than any other qualified officer, and has his office or place of busi- ness within the land district in which "the land is located. Each applicant must, at the time he presents his application and sworn statement, deposit with the Receiver, either in cash or in post- office money orders payable to the Receiver, a filing fee of $10. 13. Applications by associations or corporations must, in addi- tion to the facts recited in the foregoing statement, show that each person forming the association or holding stock in the corporation is qualified to make entry in his own right and that he is not a member of any other association or a stockholder in any other cor- poration which has filed an application or sworn statement for other lands under the timber and stone laws. Disposition of Application. 14. After application and deposit have been filed in proper form, as required by these regulations, the Register and Receiver will at once forward one copy of the application to the chief of field division having jurisdiction of the land described, who, if he finds legal objection to the allowance of the application, will return it to them with report thereon. The Register and Receiver will, if they concur in an adverse recommendation of the chief of field division, dismiss or deny the application, subject to the appli- 568 cant's right of appeal; but if they disagree with his recommenda- tion, they will forward the record to the Commissioner of the Gen- eral Land Office, with their report and opinion thereon, for such action as he may deem advisable. If the chief of field division finds no such legal objection to the application, he shall cause the lands applied for to be appraised by an officer or employee of the Government. (Designation of Ap- praiser, Form B. Appendix.) Appraisement: Method. 15. The officer or employee designated to make the appraise- ment must personally visit the lands to be appraised, and thoroughly examine every legal subdivision thereof, and the timber thereon, and appraise separately the several kinds of timber at their stumpage value, and the land independent of the timber at its value at the time of appraisement, but the total appraisement of both land and timber must not be less than $2.50 per acre. He must, in making his report, consider the quantity, quality, acces- sibility, and any other elements of the value of the land and the timber thereon. The appraisement must be made by smallest legal subdivisions, ' or the report must show that the valuation of the land and the estimate of the timber apply to each and every sub- division appraised. (See Form C, Appendix.) Appraisement: Manner of Return: Approval. 16. The completed appraisement must be mailed or delivered personally to the chief of field division under whose supervision it was made, and not to the applicant. Each appraisement upon which an entry is to be allowed must be approved respectively or cojointly as provided in these regulations, by the chief of field division under whose supervision it was made, by the Kegister and Receiver who allow the entry, or by the Commissioner of the Gen- eral Land Office. Appraisement: Disagreement Between Appraising and Approving Officers: How Determined. 17. The chief of field division will return to the appraiser, with his objections, an appraisement which he deems materially low or high, and the appraiser shall, within twenty days from the receipt thereof, resubmit the papers, with such modifications or explana- tions as he may deem advisable or proper, upon receipt of which the chief of field division will either approve the schedule as then submitted, or forward the papers to the Register and Receiver, with his memorandum of objection. The Register and Receiver will thereunder consider the case. If they approve the appraise- ment, they will sign the certificate appended thereto, and advise the chief of field division thereof. If the Register and Receiver approve the objection of the chief of field division, they will so indicate, and if the appraising officer is an employee of the In- terior Department, under the supervision of the chief of field division, they will return the papers to the chief of field division, who will thereupon order a new appraisement by a different officer. If, however, the Register and Receiver approve the objection of 569 the chief of field division, when the appraiser is an officer of another bureau of this department, or of another department, they will forward the record of the case to the Commissioner of the General Land Office, who will then determine the controversy. Appraisement: Notation and Effect Thereof. 18. "When the appraisement is completed, the Register and Receiver will note the price on their records, and thereafter the land will be sold at such price only, under the provisions of the timber and stone Acts, unless the land shall have been reap- praised in the manner provided herein. (See letter, February 28, 1910, page 583.) Failure to Appraise : Rights of Applicant : How Terminated. 19. Unless the Land Department, as hereinbefore provided, or otherwise, as directed by the Secretary of the Interior, shall ap- praise any lands applied for under these regulations within nine months from the date of such application, the applicant may, with- out notice, within thirty days thereafter, deposit the amount, not less than $2.50 per acre, specified in his application as the reason- able value of the land and the timber thereon, with the Receiver, if appraisement has not been filed prior to such deposit, and there- upon will be allowed to proceed with his application to purchase as though the appraisement had been regularly made. The failure of the applicant to make the required deposit within thirty days after the expiration of the nine months' appraisement period will terminate his rights without notice. Notice of Appraisement: Payment or Protest. 20. The Register and Receiver, after noting the appraised price on their records, will immediately inform the applicant that he must, within thirty days from service of notice, deposit with the Receiver, either in lawful money or in post-office money orders payable to the Receiver, or as provided in section 36 hereof, the appraised price of the land and the timber thereon, or within the time allowed for payment file his protest against the appraisement, deposit with the Receiver a sum sufficient to defray the expenses of a reappraisement (which sum, not less than $100, must be fixed by the Register and Receiver and specified in the notice to the applicant), together with his application for reappraisement at his own expense. (See Form D, Appendix.) Notice should be given by registered letter and the envelope should be marked for return if not delivered within thirty days. If notice be returned after being held in the post office for thirty days, such proceedings will constitute constructive notice for thirty days. Objection to Appraisement: Application for Reappraisement. 21. Any applicant filing his protest against an appraisement, and his application for reappraisement, must support it by his affidavit, corroborated by two competent, credible, and disinter- ested persons, in which he must set forth specifically his objections 570 to the appraisement. He must indicate his consent that the amount deposited by him for the reappraisement, or such part thereof as is necessary, may be expended therefor, without any claim on his part for a refund or return of the money thus expended. Reappraisement. 22. Upon the receipt of a protest against appraisement and application for reappraisement conforming to the regulations herein, the Register and Receiver will transmit such protest and application to the chief of field division, who will cause the reap- praisement to be made by some officer other than the one making the original appraisement. The procedure provided herein for appraisement w r ill be followed for reappraisement, except the lat- ter, if differing from the former, must, to give it effect, be approved by the chief of field division and the Register and Receiver, or, in case of disagreement between them, by the Commissioner of the General Land Office. (Form E, Appendix.) Notice of Appraisement. 23. When a reappraisement is finally effected, the Register and Receiver will note the reappraised price on their records, and at once notify the applicant that he must, within thirty days from the date of notice, deposit with the Receiver the amount fixed by such reappraisement for the sale of the land, or thereafter, and without notice, forfeit all rights under his application. (Form F, Ap- pendix.) Cost of Making Reappraisement. 24. The officer or employee of the United States making the reappraisement shall be paid from the amount deposited with the Receiver by the applicant therefor, the salary, per diem, and other expenses to which he would have been entitled from the Govern- ment, in the case of an original appraisement, for his services for the time he was engaged in making and returning the reappraise- ment. The Receiver will, out of the money deposited by the appli- cant, pay such compensation, including reasonable expenses for subsistence, transportation, and necessary assistants; and the offi- cer will deduct from his expense account with the Government the amount which he has received from the Receiver for such services. The Receiver will return to the applicant the amount, if any, remaining on deposit with him after paying the expenses of said reappraisement. Final Proof. 25. After the appraisement or reappraisement and deposit of purchase money and fee have been made the register will fix a time and place for the offering of final proof, and .name the officer before whom it shall be offered and post a notice thereof in the land office and deliver a copy of the notice to the applicant, to be by him and at his expense published in the newspaper of accredited standing and general circulation published nearest the land applied for. This notice must be continuously published in the paper for sixty days prior to the date named therein as the day upon which final proof must be offered. (Form "G," appendix.) 571 Time, Place, and Method of Making Final Proof. 26. Final proof should be made at the time and place men- tioned in the notice, and, as a part thereof, evidence of publication, as required by the previous paragraph, should also be filed. If final proof is not made on that day or within ten days thereafter, the applicant may lose his right to complete entry of the land. Upon satisfactory showing, however, explaining the cause of his failure to make the proof as above required, and in the absence of adverse claim, the Commissioner of the General Land Office may authorize him to readvertise and complete entry under his previous application. (See Form "H," Appendix.) Final Entry. 27. After an appraisement or reappraisement has been ap- proved, the payments made, and satisfactory proof submitted in any case as required by these regulations, the Register and Re- ceiver will, if no protest or contest is pending, allow a final entry. General Provisions. CONTESTS AND PROTESTS. 28. Protest may be filed at any time before an entry is allowed, and contest may be filed at any time before patent issues, by any person who will furnish the Register and Receiver with a corrobo- rated affidavit alleging facts sufficient to cause the cancellation of the entry, and will pay the cost of contest. 29. If an applicant swear falsely in his application or sworn statement, he will be liable to indictment and punishment for per- jury; and if he be guilty of false swearing or attempted fraud in connection with his efforts to obtain title, or if he fail to perform any act or make any payment or proof in the. manner and within the time specified in the foregoing regulations, his application and entry will be disallowed and all moneys paid by him will be for- feited to the Government, and his rights under the timber and stone Acts will be exhausted. EFFECT OF APPLICATION TO PURCHASE. 30. After an application has been presented hereunder no other person will be permitted to file on the land embraced therein un- der any public-land law until such application shall have been finally disposed of adverse to the applicant. 31. Lands appraised or reappraised hereunder, but not sold, may, upon the final disallowance of the application, be entered by any qualified person, under the provisions of the timber and stone laws, at its appraised or reappraised value, if subject thereto. 32. Lands applied for but not appraised and not entered under these regulations may, when the rights of the applicant are finally terminated, be disposed of as though such application had not been filed. 33. Any lands which have not been reappraised may be reap- praised upon the request of an applicant therefor under these regu- lations who complies with the requirements of section 21 hereof. 34. An applicant securing a reappraisement under these Regu- 572 lations shall acquire thereby no right or privilege except that of purchasing the lands at their reappraised value, if he is qualified, and if the lands are subject to sale under his application; and he must otherwise comply with these Regulations, but shall not, in any event, be entitled to the return of any money deposited by him and expended in such reappraisement. 35. The Commissioner of the General Land Office may at any time direct the reappraisement of any tract or tracts of public lands, when, in his opinion, the conditions warrant such action. 36. Unsatisfied military bounty land warrants under any Act of Congress and unsatisfied indemnity certificates of location un- der the Act of Congress approved June 2, 1858, properly assigned to the applicant, shall be receivable as cash in payment or part payment for lands purchased hereuncler at the rate of $1.25 per acre. 37. Any application to purchase timber and stone lands filed before January 1, 1909, which does not conform to these regulations shall be suspended, and the Register and Receiver should at once notify the applicant that he may, if he so elect, file a new appli- cation conformable to these regulations within thirty days from the date of the notice, and that failure to file such new application within the time specified will work a forfeiture of all rights under his suspended application, which will thereupon stand rejected without further notice. 38. These regulations shall be effective on and after Decem- ber 1, 1908, but all applications to purchase legally pending on November 30, 1908, may be completed by compliance with the regu- lations in force at the time such applications were filed. 39. The forms mentioned herein and included in the appendix hereto shall be a part of these regulations. ENTEY OF STONE LANDS. 40. The foregoing regulations apply to entries of lands chiefly valuable for stone, and the forms herein prescribed can be modified in such manner as may be necessary to the making of entries of stone lands. FORMER REGULATIONS REVOKED. 41. All former regulations, decisions, and practices in con- flict with these regulations are hereby revoked. Very respectfully, 'Fred Dennett, Commissioner. Approved : James Rudolph Garfield, Secretary. Revised and approved August 22, 1911. Samuel Adams, Acting Secretary. APPENDIX. REGULATIONS APPROVED NOVEMBER 30, 1908. Acts Relating to Timber and Stone Entries. An Act for the sale of timber lands in the States of California, Oregon, Nevada, and in Washington Territory. 573 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That surveyed public lands of the United States within the States of California, Oregon, and Nevada, and in Washington Territory, not included within military, Indian, or other reserva- tions of the United States, valuable chiefly for timber, but unfit for cultiva- tion, and which have not been offered at public sale, according to law, may be sold to citizens of the United States, or persons who have declared their intention to become such, in quantities not exceeding one hundred and sixty acres to any one person or association of persons, at the minimum price of two dollars and fifty cents per acre; and lands valuable chiefly for stone may be sold on the same terms as timber lands: Provided, That nothing herein contained shall defeat or impair any bona fide claim under any law of the United States, or authorize the sale of any mining claim, or the improvements of any bona fide settler, or lands containing gold, silver, cinnabar, copper, or coal or lands selected by the said States under any laws of the United States donating lands for internal improvements, education, or other purposes: And provided further, That none of the rights conferred by the Act approved July twenty- sixth, eighteen hundred and sixty-six, entitled "An Act granting the right of way to ditch and canal owners over the public lands, and for other purposes," shall be abrogated by this Act; and all patents granted shall be subject to any vested and accrued water rights, or rights to ditches and reservoirs used in connection with such water rights, as may have been acquired under and by the provisions of said Act; and such rights shall be expressly reserved in any patent issued under this Act. Sec. 2. That any person desiring to avail himself of the provisions of this Act shall file with the Register of the proper district a written statement in duplicate, one of which is to be transmitted to the General Land Office, designating by legal subdivisions the particular tract of land he desires to purchase, setting forth that the same is unfit for cultivation, and valuable chiefly for its timber or stone; that it is uninhabited; contains no mining or other improvements, except for ditch or canal purposes, where any such do exist, save such as were made by or belonged to the applicant, nor, as deponent verily believes, any valuable deposit of gold, silver, cinnabar, copper, or coal; that deponent has made no other application under this Act; that he does not apply to purchase the same on speculation, but in good faith to appropriate it to his own exclusive use and benefit, and that he has not, directly or indirectly, made any agreement or contract, in any way or manner, with any person or persons whatsoever, by which the title which he might acquire from the Government of the United States should inure, in whole or in part, to the benefit of any person except himself; which statement must be verified by the oath of the applicant before the Register or the Receiver of the land office within the district where the land is situated; and if any person taking such oath shall swear falsely in the premises, he shall be subject to all the pains and penalties of perjury, and shall forfeit the money which he may have paid for said lands, and all right and title to the same; and any grant or conveyance which he may have made, except in the hands .of bona fide pur- chasers, shall be null and void. Sec. 3. That upon the filing of said statement, as provided in the second section of this Act, the Register of the land office shall post a notice of such application, embracing a description of the land by legal subdivisions, in his office, for a period of sixty days, and shall furnish the applicant a copy of the same for publication, at the expense of such applicant, in a newspaper published nearest the location of the premises, for a like period of time; and after the expiration of said sixty days, if no adverse claim shall have been filed, the person desiring to purchase shall furnish to the Register of the land office satisfactory evidence, first, that said notice of the application prepared by the Register as aforesaid was duly published in a newspaper as herein required; secondly, that the land is of the character contemplated in this Act, unoccupied and without improvement, other than those excepted, either mining or agricultural, and that it apparently contains no valuable deposits of gold, silver, cinnabar, copper, or coal; and upon payment to the proper officer of the purchase money of said land, together with the fees of the Register and Receiver, as provided for in case of mining claims in the twelfth section of the Act approved May tenth, eighteen hundred and seventy- two, the applicant may be permitted to enter said tract, and, on the transmis- sion to the General Land Office of the papers and testimony in the case, a patent shall issue thereon: Provided, That any person having a valid claim 574 to any portion of the land may object, in writing, to the issuance of a patent to lands so held by him, stating the nature of his claim thereto; and evidence shall be taken, and the merits of said objection shall be determined by the officers of the land office, subject to appeal, as in other land cases. Effect shall be given to the foregoing provisions of this Act by regulations to be prescribed by the Commissioner of the General Land Office. ******* Sec. 6. That all Acts and parts of Acts inconsistent with the provision? of this Act are hereby repealed. Approved, June 3, 1878. (20 Stat., 89.) An Act to authorize the entry of lands chiefly valuable for building stono under the placer mining laws. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That any person authorized to enter lands under the mining laws of the United States may enter lands that are chiefly valuable for building stone under the provisions of the law in relation to placer mineral claims: Provided, That lands reserved for the benefit of the public schools or donated to any State shall not be subject to entry under this Act. Sec. 2. That an Act entitled "An Act for the sale of timber lands in the States of California, Oregon, Nevada, and Washington Territory," approved June third, eighteen hundred and seventy-eight, be, and the same is hereby, amended by striking out the words "States of California, Oregon, Nevada, and Washington Territory" where the same occur in the second and third lines of said Act, and insert in lieu thereof the words "public-land States," the purpose of this Act being to make said Act of June third, eighteen hundred and seventy-eight, applicable to all the public-land States. Sec. 3. That nothing in this Act shall be construed to repeal section twenty-four of the Act entitled "An Act to repeal timber-culture laws, and for other purposes," approved March third, eighteen hundred and ninety-one. Approved, August 4, 1892. (27 Stat., 348.) An Act to provide for the location and satisfaction of outstanding military bounty land warrants and certificates of location under section three of the Act approved June second, eightesn hundred and fifty-eight. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in addition to the benefits now given thereto by law, all unsatisfied military bounty land warrants under any Act of Congress, and unsatisfied indemnity certificates of location under the Act of Congress approved June second, eighteen hundred and fifty-eight, whether heretofore or hereafter issued, shall be receivable at the rate of one dollar and twenty-five cents per acre in payment or part payment for any lands entered under the desert land law of March third, eighteen hundred and eighty- [seventy-] seven, entitled "An Act to provide for the sale of desert lands in certain States and Territories," and the amendments thereto, the timber-culture law of March third, eighteen hundred and seventy-three, en- titled "An Act to encourage the growth of timber on the Western prairies," and the amendments thereto; the timber and stone law of June third, eighteen hundred and seventy-eight, entitled ' ' An Act for the sale of timber lands in the States of California, Oregon, Nebraska, and Washington Territory, ' ' and the amendments thereto, or for lands which may be sold at public auction, except such lands as shall have been purchased from any Indian tribe within ten years last past. Approved, December 13, 1894. (28 Stat., 594.) An Act to abolish the distinction between offered and unoffered lands, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in cases arising from and after the passage of this Act the distinction now obtaining in the statutes between offered and unoffered lands shall no longer be made in passing upon subsisting preemption claims, in disposing of the public lands under the homestead laws, and under the timber and stone law of June third, eighteen hundred and seventy-eight, as extended by the Act of August fourth, eighteen hundred and ninety-two, but in all such cases hereafter arising the land in question shall be treated as unoffered, without regard to whether it may have actually been at some time offered or not. ******* Approved, May 18, 1898. (30 Stat., 418.) 575 An Act to amend the Act of Congress of March eleventh, nineteen hundred and two, relating to homesteads. Sec. 2294 as amended by Act 4, 1904. (33 Stat., 59.) See page 286. An Act making appropriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, eighteen hundred and ninety-one, and other purposes. Approved, August 30, 1890. (26 Stat., 391.) See pages 285, 344. An Act to repeal the timber-culture laws, and for other purposes. Sec. 17. (26 Stat., 1095.) See pages 389, 390. The 320-acre limitation provided by the above Acts of August 30, 1890 (26 Stat., 391), and March 3, 1891 (26 Stat., 1095), applies to timber and stone entries. (33 L. D., 539, 605.) [Form A.] APPLICATION AND SWORN STATEMENT. [To be made in duplicate.] Act June 3, 1878, and Acts Amendatory. Departmental Regulations Approved November 30, 1908. United States Land Office, , 1908. 1, , hereby make application to purchase the quarter of section , in township and range , in the State of , and the timber thereon, at such value as may be fixed by appraisement, made under the authority of the Secretary of the Interior, under the Act of June 3, 1878, commonly known as the "Timber and stone law," and Acts amendatory thereof, and in support of this application I solemnly swear: That I am a native (or naturalized) citizen of the United States (or have declared my in- tention to become a citizen); that I am years of age and by occupation ; that I did on , 19 , examine said land, and from my personal knowledge state that said land is unfit for cultivation and is valuable chiefly for its timber, and that to my best knowledge and belief, based upon said examination, the land is worth dollars, and the timber thereon, which I estimate to be feet, board measure, is worth dollars, making a total value for the land and timber of dollars and no more; that the land is uninhabited; that it contains no mining or other improvement?, nor, as I verily believe, any valuable deposit of gold, silver, cinnabar, copper or coal, of other minerals, salt springs or deposits of salt; that I have made no other application under said Acts; that I do not apply to purchase the land above described on speculation, but in good faith to appropriate it to my own exclusive use and benefit; that I have not, directly or indirectly, made any agreement or contract, in any way or manner, with any person or persons whomsoever, by which the title I may acquire from the Government of the United States may inure in whole or in part to the benefit of any person except myself; that since August 30, 1890, I have not entered any acquired title to, nor am I now claiming, under an entry made under any of the. non- mineral public land laws, an amount of land which, together with the land now applied for, will exceed in the aggregate 320 acres; that I am not a member of any association, or a stockholder in any corporation which has filed an application and sworn statement under said Act; and that my post- office address is , at which place any notice affecting my rights under this application may be sent. I request that notice be furnished me for publication in the newspaper, published at . Sign here with full Christian name I hereby certify that the foregoing affidavit was read to or by affiant in my presence before affiant affixed signature thereto; that affiant is to me personally known, or has been satisfactorily identified before me by (give full name and postoffice address) ; that I verily believe affiant to be a qualified applicant and the identical person hereinbefore described, and that said affidavit was duly subscribed and sworn to before me, at my office in (town), (county and State), within the land district this day of , 19 . Official designation of officer. In case the applicant has been naturalized or has declared his intention 576 to become a citizen, a certified copy of his certificate of naturalization or declaration of intention, as the case may be, must be furnished. If the residence is in a city, the street and number must be given. The newspaper designated must be one of general circulation, published nearest the land. [Form B.] DESIGNATION OF APPEAISEB. Departmental Eegulations Approved November 30, 1908. - 19-. Sir: You are designated to appraise the township , , and range quarter of section -acres. This land has been applied for by which embraces a total of -, of under the timber and stone law. If you accept this designation, it will be your duty to personally visit and carefully examine each and every legal sub- division of the land, and the timber thereon, and to make a return through this office of the approximate quantity, quality, and the stumpage cash value of the various kinds of timber, the cash value of the land, and the total value of the land and timber. The total appraisement of the land and timber, however, must not amount to less than two dollars and fifty cents per acre for each acre appraised. Each legal subdivision must be separately appraised, or your return must show specifically that the appraisement applies to each legal sub- division. Please inform me as soon as possible, and not later than , 19 ^ whether you will be able to do the work, and also advise me the approximate date the appraisal will be completed. Very respectfully, , Chief of Field Division, General Land Office. [Form C.] APPBAISAL, TIMBEE AND STONE LANDS. Act March 3, 1878, and Acts Amendatory. Departmental regulations approved November 30, 1908. Lot or quar- ter-quar- ter. Kind of timber. Qualitv of tim- ber. Board feet per tract. Stumpage value per M. Character of soil. Value of land ex- clusive of timber. Total value of land and timber per acre. Value of land and timber per tract. - Logging: Timber must be logged by (wagon haul, flume, river driving, or railroad). Distance logs or lumber are to be transported to market, miles. Approximate cost per M for transportation of logs or lumber to market, dollars. Accessible? (yes or no). Manufacturing possible on the ground! (yes or no). Will there be improvement in logging facilities in the vicinity? (yes or no). Will the demand for timber products be likely to increase in the neighborhood in the near future? (yes or no). Nearest available quotations on stumpage for the species estimated ,19-- STATEMENT BY APPEAISEE. I have carefully examined each and every legal subdivision of the quarter of section , township , range , and the timber 577 thereon, and the estimates included in the above table and the foregoing state- ment were based on personal examination. I did not find any indication that the land or any part thereof contains any valuable mineral or coal deposits, and found no improvements or other evidence that any claim is being asserted under any of the public-land laws. I recommend that the application to pur- chase receive favorable action. Appraiser. ACTION ON APPRAISEMENT. I have carefully examined the within appraisement and find no reason to beliere that it is improperly made. It is therefore, accordingly, approved. Chief of Field Division. Note. The approval of the appraisal by the chief of field division is final, and no action is required thereon by the register and receiver, except to note the apppraised price on their records, and to issue the necessary notices. The register and receiver will, in the event of a disagreement between the appraiser and the chief of field division, and their concurrence with the appraiser, sign the following certificate: United States Land Office, , We have carefully considered the within appraisement and the objections thereto urged by the chief of field division, and, believing that the appraisal is not materially high or low, the same is hereby approved. , Register. , Receiver. Note. If the register and receiver concur in the adverse objections of the chief of field division they will proceed in accordance with paragraph 17 of the Regulations approved November 30, 1908. SUGGESTIONS TO APPRAISERS. The appraiser should fill in each blank carefully and legibly. Under the head of kinds of timber he should state the species, such as "yellow pine," "white pine," "Douglas fir," "spruce," etc. If there are more than four leading species, all others should be under the head of "Miscellaneous," in the fifth space. The quality of the timber should be judged as far as possible at local sawmills, and should be indicated by such descriptive words as "excel- lent," "good," "fair," and "poor." In the first column to the left the description of the land should be given. [Form D.] NOTICE TO APPLICANT OF APPRAISEMENT, Departmental Regulations approved November 30, 1908. United States Land Office, Sir: You are informed that the land, and the timber thereon, embraced in your timber and stone application No , filed , 19.., have been appraised in the total sum of dollars. You are therefore notified that your application for said lands will be .lismissed without further notice, if you do not, within thirty days from service of this notice, deposit the appraised price of the land with the receiver of this office, or file your written protest against such appraisement, setting forth clearly and specifically your objection thereto, which protest must be sworn to by you, and corroborated by two competent, credible, and disinterested persons. The protest, if filed, must be accompanied by your application requesting that the land be reappraised at your expense, and you must deposit with the receiver 578 the sum of dollars, to be expended theref or, and you must indicate your consent that the amount so deposited may be expended for the reappraisement, without any claim on your part that any portion thereof, so expended, shall be returned or refunded to you. If a reappraisement is made under your application, you will secure no right or privilege, except that of purchasing the lands at their reappraised value, if they are subject to sale and you are properly qualified. Very respectfully, , Eegister. ., Keceiver. [Form E.] REAPPRAISEMENT. Form C may be modified so as to show that the action taken is a reap- praisement instead of an original appraisement. The return of the appraising officer and indorsements by the chief of field division and the register and receiver must show that the action taken is a reappraisement, and it must be approved conjointly by the chief of field division and the register and receiver. [Form F.] NOTICE OF REAPPRAISEMENT. Departmental Regulations approved November 30, 1908. United States Land Office, Sir: You are advised that, pursuant to your application, the quarter of section , township , and range , and the timber thereon, embraced in your timber and stone sworn statement, No , have been reappraised, and the price fixed at dollars, which amount you must deposit with the receiver of this office within thirty days from service of notice hereof, or your application will be finally disallowed without further notice. Very respectfully, , Register. , Receiver. [Form G.] NOTICE OF APPLICATION TO PURCHASE UNDER TIMBER AND STONE LAWS. Departmental Regulations approved November 30, 1908. United States Land Office, , , 19.. Notice is hereby given that , whose post-office address is , did on the day of , 19.., file in this office his sworn statement and application No to purchase the quarter of section , township , range , M., and the timber thereon, under the provisions of the Act of June 3, 1878, and acts amendatory, known as the "Timber and stone law," at such value as might be fixed by appraisement, and that, pursuant to such application, the land and timber thereon have been appraised, the timber estimated board feet, at $ per M, and the land $ , or combined value of the land and timber at $ ; that said applicant will offer final proof in support of his application and sworn state- ment on the day of , 19 . . , before , at Any person is at liberty to protest this purchase before entry, or initiate a contest at any time before patent issues, by filing a corroborated affidavit in this office, alleging facts which would defeat the entry. , Register. Where notice is issued under section 19, the register will modify the blank so as to show the valuation placed on the land and the timber thereon was that 579 made by the applicant when he filed his sworn statement, instead of being fixed by appraisement. [Form H.] TIMBER OR STONE ENTRY. (4 370a.) Departmental Regulations approved by the Secretary of the Interior Novem- ber 30, 1908. Department of the Interior. U. S. Land Office, , , No Receipt No Final Proof. I hereby solemnly swear that I am the identical , who pre- sented sworn statement and application, No , for , section , township , range , meridian; that the land is val- uable chiefly for its timber, and is, in its present condition, unfit for cultivation; that it is unoccupied and without improvements of any character, except for ditch or canal purposes, and that it apparently contains no valuable deposits of gold, silver, cinnabar, copper, coal, salines, or salt springs. (Sign here, with full Christian name.) (Post-office address.) I hereby certify that the foregoing affidavit was read to or by affiant in my presence before affiant affixed signature thereto; that affiant is to me per- sonally known (or has been satisfactorily identified before me by ; (Give full name and post -office address.) that I verily believe affiant to be a qualified applicant and the identical person hereinbefore described, and that said affidavit was duly subscribed and sworn to before me, at my office, in , , within the land (Town.) (County and State.) district, this day of , 19. . (Official designation of officer.) This form of proof can be accepted only where the land embraced in the application to purchase has been appraised or reappraised pursuant to the provisions of the Timber and Stone Regulations approved November 30, 1908, by the Secretary of the Interior. Proof supporting applications to purchase under section 19 of the said regulations or under applications pending November 30, 1908, must be made by the applicant and two witnesses, as required by the regulations in force prior to December 1, 1908. (See Forms 4 370 and 4 371.) [To be used only when sale is made under section 19 of the regulations approved November 30, 1908, and in sales under applications pending November 30, 1908.] (4370.) (Form approved by the Secretary of the Interior November 12, 1907.) TIMBER OR STONE ENTRY. Department of the Interior. U. S. Land Office, , Testimony of Claimant. I, (give full Christian name), being duly called as a witness in support of my application to purchase the , section , township , range , meridian, testify as follows: Question 1. What is your age, occupation, post-office address, and where do you live? Answer Question 2. Are you a native-born citizen of the United States; and, if so, in what State or Territory were you born? Are you married or single? Answer Question 3. Are you the identical person who applied to purchase this laud on the day of , 19. ., and made the sworn statement required by law upon that day? 580 Answer Question 4. Have you made a personal examination of each smallest legal subdivision of the land applied for? Answer Question 5. When, under what circumstances, and with whom was such examination made? Answer Question 6. How did you identify said land? Describe it fully. Answer Question 7. Is the land occupied, or are there any improvements on it? If so, describe them and state whether they belong to you. Answer Question 8. Is the land fit for cultivation, or would it be fit for cultivation if the timber were removed? Answer Question 9. What is the situation of this land, what is the nature of the soil, and what causes render the same unfit for cultivation? Answer Question 10. Are there any salines or indications of deposits of gold, silver, cinnabar, copper, coal, or other minerals on this land? If so, state what they are. Answer Question 11. Is the land valuable for mineral, or more valuable for any other purposes than for the timber or stone thereon, or is it chiefly valuable for timber or stone? (Answer each question.) Answer Question 12. From what facts do you conclude that the land is chiefly valuable for timber and stone? Answer Question 13. How many thousand feet, board measure, of lumber do you estimate that there is on this entire tract? What is the stumpage value of same? Answer Question 14. Are you a practical lumberman or woodsman? If not, how do you arrive at your estimate of the quantity and value of lumber on the tract? Answer Question 15. What do you expect to do with this land and the timber when you get title to it? Answer ." Question 16. Do you know of any capitalist or company which has offered to purchase timber land in the vicinity of this entry? If so, who are they, and how do you know them? Answer Question 17. Has any person offered to purchase this land if you acquire title? If so, who, and for what amount? Answer Question 18. Where is the nearest and best market for the timber on this land at the present time? Answer Question 19. What has been your occupation during the past year; where and by whom have you been employed, and at what compensation? Answer Question 20. How did you first learn about this particular tract of land, and that it would be a good investment to buy it? Answer Question 21. Did you pay or agree to pay anything for this information? If so, to whom, and the amount? Answer Question 22. Did you pay out of your own individual funds all the expenses in connection with making this filing, and do you expect to pay for the land with your own money? Answer Question 23. Where did you get the money with which to pay for this land, and how long have you had same in your actual possession? Answer Question 24. Have you kept a bank account during the past six months! If so, where? 581 A nswer Question 25. Have you sold or transferred your claim to this land since making your sworn statement, or have you directly or indirectly made any agreement or contract, in any way or manner, with any person whomsoever, by which the title which you may acquire from the Government of the United States may inure in whole or in part to the benefit of any person except your- self! Answer Question 26. Do you make this entry in good faith for the appropriation of the land and the timber thereon exclusively for your own use and not for the use or benefit of any other person! Answer Question 27. Has any person other than yourself, or any firm, corporation, or association any interest in the entry you are now making, or in the land or in the timber thereon? Answer * Question 28. Have you since August 30, 1890, entered and acquired title to, or are you now claiming, under an entry made under any of the nonmineral public-land laws, an amount of land which, together with the land now applied for, will exceed in the aggregate 320 acres! Answer (Sign here, with full Christian name.) Note. Every person swearing falsely to the above deposition will be pun- ished as provided by law for such offense. (See Sec. 125, U. S. Criminal Code, below.) In addition thereto, the money that may be paid for the land is forfeited, and all conveyances of the land, or of any right, title, or claim thereto, are absolutely null and void as against the United States. * Note. In addition to the foregoing testimony the officer before whom the proof is made will ask such questions as seem necessary to bring out all the facts in the case, I hereby certify that the foregoing deposition was read to or by deponent in my presence before deponent affixed signature thereto; that deponent is to me personally known [or has been satisfactorily identified before me by (give full name and post-office address)]; that I verily believe deponent to be a qualified claimant and the identical person hereinbefore described, and that said deposition was duly subscribed and sworn to before me, at my office, in (town), (county and State), within the land district, this day of , 19. . I further certify that I tested the accuracy of affiant's information and good faith in making the entry, by close and sufficient cross-examination of claimant and the witnesses, and am satisfied from such examination that the entry is made in good faith for entryman's own exclusive use and not for sale or speculation, nor in the interest of, nor for the benefit of, any other person or persons, firm, or corporation. Official designation of officer. Sec. 125, United States Criminal Code. Whoever, having taken an oath before a competent tribunal, officer, or person, in any case in which a law of the United States authorizes an oath to be administered, that he will testify, declare, depose, or certify truly, or that any written testimony, declaration, deposition, or certificate by him subscribed, is true, shall willfully and contrary to such oath state or subscribe any material matter which he does not believe to be true, is guilty of perjury, and shall be fined not more than two thousand dollars and imprisoned not more than five years. (4^371.) (Form approved by the Secretary of the Interior November 12, 1907.) TIMBER OE STONE ENTRY. Department of the Interior. U. S. Land Office, , Testimony of Witness. I, (give full Christian name), being duly callod as a witness in support of the application of (give full Christian name), filed at the land office, to purchase the section , township , range , meridian, testify as follows: 582 Question 1. What is your age, occupation, post-office address, and where do you live? Answer. Question 2. By whom have you been employed during the last six months? Answer Question 3. Are you acquainted with the land above described by a per- sonal examination of each of its smallest legal subdivisions? Describe the tract fully. Answer Question 4. When, with whom, and in what manner was such examination made? Answer Question 5. Is it occupied or are there any improvements on it not made for ditch or canal purposes, or which were not made by, or do not belong to, the said applicant? Answer Question 6. Is it fit for cultivation? Answer Question 7. What causes render it unfit for cultivation? Answer Question 8. Are there any salines or indications of deposits of gold, silver, cinnabar, copper, coal, or other minerals on this land? If so, state what they are. Answer Question 9. Is the land valuable for mineral, or more valuable for any other purposes than for the timber or stone thereon, or is it chiefly valuable for timber or stone? (Answer each question.) Answer Question 10. From what facts do you conclude that the land is chiefly valuable for timber or stone? Answer Question 11. How long have you known the applicant? Answer Question 12. What is his financial condition so far as you know? Answer Question 13. Do you know of your own knowledge that applicant has suffi- cient money of his own to pay for this land and hold it six months without mortgaging it? Answer Question 14. Do you know whether the applicant has, directly or indi- rectly, made any agreement or contract, in any way or manner, with any person whomsoever by which the title he may acquire from the Government of the United States may inure in whole or in part to the benefit of any person except himself? Answer * Question 15. Are you in any way interested in this application or in the land above described, or the timber or stone, salines, mines, or improvements of any description thereon? Answer Sign here with full Christian name Note. Every person swearing falsely to the above deposition will be pun- ished as provided by law for such offense. (See Sec. 125, U. S. Criminal Code, below.) * Note. In addition to the foregoing testimony, the officer before whom the proof is made will ask such questions as seem necessary to bring out all the facts in the case. I hereby certify that the foregoing deposition was read to or by deponent in my presence before deponent affixed signature thereto; that deponent is to me personally known [or has been satisfactorily identified before me by (give full name and post-office address)]; that I verily believe deponent to be a credible witness and the identical person hereinbefore de- scribed, and that said deposition was duly subscribed and sworn to before me, at my office, in (town), (county and State), within the land district, this day of , 19. . Official designation of officer. 583 Sec. 125, United States Criminal Code. Whoever, having taken an oath before a competent tribunal, officer, or person, in any case in which a law of the United States authorizes an oath to be administered, that he will testify, declare, depose, or certify truly, or that any written testimony, declaration, deposition, or certificate by him subscribed, is true, shall willfully and contrary to such oath state or subscribe any material matter which he does not believe to be true, is guilty of perjury, and shall be fined not more than two thousand dollars and imprisoned not more than five years. Department of the Interior, General Land Office, Washington, D. C., February 28, 1910. Eegisters and Keceivers, United States Land Offices. Gentlemen: Under the timber and stone regulations approved November 30, 1908 (37 L. D., 289, par. 18), you are directed to note the price fixed by appraisement on your records, and advised that thereafter the land will be sold at that price only under the timber and stone law, unless subsequently reappraised. Hereafter, in addition to the notation directed by paragraph 18, you will note on your serial register, as a part of your office record of each timber and stone application, the date of appraisement, amount of timber, separate values given land and timber, and such other data as would be needed by your office in the event the original application fails of perfection and subsequent applica- tion is made for the land at its appraised valuation. This will avoid the necessity of calling upon this office for the return of the record of appraisement in such cases. Very respectfully, S. V. Proudfit, Commissioner. LAWS AND EEGULATIONS CONCERNING THE FREE USE OF TIMBER UPON PUBLIC MINERAL LANDS. (For form of application see pages 997 and 998.) The Act of June 3, 1878, chapter 150 (20 Stat,, 88), provides: ' ' That all citizens of the United States and other persons, bona fide resi- dents of the State of Colorado or Nevada, or either of the Territories of New Mexico, Arizona, Utah, Wyoming, Dakota, Idaho, or Montana, and all other n.ineral districts of the United States, shall be, and are hereby, authorized and permitted to fell and remove, for building, agricultural, mining, or other domestic purposes, any timber or other trees growing or being on the public lands, said lands being mineral, and not subject to entry under existing laws of the United States, except for mineral entry, in either of said States, Territories, or dis- tricts of which such citizens or persons may be at the time bona fide citizens, subject to such rules and regulations as the Secretary of the Interior may prescribe for the protection of the timber and of the undergrowth growing upon sucb lands, and for other purposes: Provided, The provisions of this Act shall not extend to railroad corporations." REGULATIONS. In pursuance of the authority granted in the above section of the Act of June 3, 1878, the following rules and regulations are hereby prescribed for the protection of the timber and of the undergrowth upon such lands, and for other purposes incidental thereto. The attention of persons seeking the free use of timber is particularly called to the fact that this Act does not authorize the cutting of timber from any lands subject to any form of nonmineral entry. The Act applies only to lands subject to mineral entry. Lands subject to min- eral entry are such lands as are known to contain such deposits of mineral as warrant a prudent person in expending his time or money in the reasonable expectation of developing a mine thereon. The proper protection of the timber and undergrowth upon lands to be cut over necessarily varies with the nature of topography, soil, and forests. First. Qualified persons within the States and Territories named desiring to take timber for purposes authorized by law must make application for permit to cut timber, such application to be presented or mailed to any Regis- ter or Receiver, or to the Chief of Field Division having jurisdiction over the land. 584 Second. Such application shall set forth the names and legal residence of persons applying to fell and remove, and the names and residence of persons who are to use, the timber; also the amount of timber required by each person, and the use to be made thereof, and the date it is desired to begin cut- ting; also, the lands to be cut over shall be so described in the application that they may be identified from the description set forth. The application must be verified by an applicant. Blank forms for making applications may be pro- cured by addressing the Chief of Field Division. Third. Immediately upon receipt of an application, the Chief of Field Division shall cause investigation to be made of the lands, and of material statements in the application. If the Chief of Field Division finds the timber may be cut for the purposes permitted by law, he may authorize cutting to proceed at once under such named restrictions (within the scope of these regu- lations) as the protection of the timber and undergrowth may require. Such permit, or refusal to grant permit, shall be subject to revision by the Com- missioner of the General Land Office. Fourth. Upon completing investigation of any application, the Chief of Field Division shall make report to the Commissioner of the General Land Office. His report shall contain the application, copy of. his permit or letter declining to grant permit, and shall further show (1) whether the lands are mineral, (2) whether persons named in application are (a) qualified to fell and remove, and (b) authorized to use the timber as stated, (3) what percentage of the matured timber may be taken consistent with proper protection of the remaining timber and undergrowth, with the facts upon which he bases his conclusions; and what method of handling the tops, lops, and debris made by logging is necessary for the pro- tection of timber and undergrowth, and the facts upon which his conclusions are based. Fifth. Permits granted shall specify (1) the persons authorized to fell and remove, and those authorized to use, with amount and use stated as to each person; (2) identify the lands to be cut over; (3) that only matured tim- ber may be taken, and the percentage of the total stand, acre by acre, to be cut; (4) the method of disposing of the tops and other debris; and (5) that the cutting authorized shall be completed within twelve months of date of permit, or application for renewal must be made. Sixth. No timber may be cut in advance of a determined lawful use. Seventh. No timber not matured may be cut. Each matured tree taken shall be worked up and utilized for some beneficial domestic purpose. Persons taking timber for specific purposes will be required to take only such matured trees as will work up to such purpose without unreasonable waste. Eighth. Brush, tops, lops, and other forest debris made in felling and removing timber shall be disposed of in the manner best adapted to protecting the remaining growth, and as stated in the permit granted. Ninth. No timber cut or removed under the provisions of this Act may be transported from or used out of the State or Territory where cut. Tenth. Persons who commence cutting upon permit of Chief of Field Division before final approval by the Commissioner will be liable to the Gov- ernment for a reasonable stumpage for timber so taken in event the permit is not finally approved by the Commissioner because improperly granted. Where permits are secured by fraud, or immature trees are taken, or timber is not taken or used by persons in accordance with the terms of the law, the Gov- ernment will enforce the same civil and criminal liabilities as in other cases of timber trespass upon public lands. Eleventh. Kegisters or receivers receiving applications under this Act will at once forward same to the proper Chief of Field Division, and notify the applicant thereof. Twelfth. Kegisters and receivers are required to ascertain from time to time whether any timber is being cut from mineral lands, except as provided by this Act, and notify the Commissioner of the General Land Office, or a special agent of such office, who will make any investigation required. Special agents will also keep informed of all timber cutting within their territory. Thirteenth. These rules and regulations shall be in force from and after May 1, 1909, and supersede all prior regulations hereunder. Approved March 16, 1909. Fred Dennett, E. A. Ballinger, Commissioner. Secretary. 585 TIMBER CUTTING. See table of circulars, instructions, and regulations under following sub- jects. Timber Cutting. Protection of Timber. Cutting Mesquite. Exportation of Timber. Logging Eegulations. Cutting Timber for the Use of Mining. ' ' Until the homestead entry is finally perfected the land belongs to the Government; the settler may use the timber on the land for fencing or other needful purposes; a prior occupant has no right to rails or other timber cut upon it." Wesley Procop, 2 L. D., 815. "A settler upon unsurveyed land, with bona fide intent of residence and cultivation, and taking the land under settlement laws, when surveyed, may cut and sell the timber thereon." John W. Baird, 2 L. D., 817. "A bona fide settler may dispose of down and fallen timber on his claim for improvements and support while perfecting title." Mary A. Maxfield, 3 L. D., 63. Timber taken under Act of March 3, 1875, for purposes of construction only. Denver & Kio Grande By. Co., 6 L. D., 449. "Permits will not be issued under Section 8, Act of March 3, 1891, to cut timber from the unsurveyed land within the primary limits of the Northern Pacific grant in the absence of a showing that the land is mineral in char- acter. ' ' N. P. B. B. Co., 14 L. D., 126. Instructions, 18 L. D., 74. "Permits to place portable sawmills in the vicinity of dead and down timber, and under the provisions of the Act of June 7, 1897, for the purpose of manufacturing such timber into lumber, may be granted, where the applicant enters into a contract in the form prescribed by the regulations of September 28, 1897, and submits proof as to the. present unpracticability of marketing the timber." Theo. D. Beaulieu, 26 L. D., 86. Cities and towns are "residents of the State in which they are located within the meaning of that term as used in Section 8, of the Act of March 3, 1891, as amended, conferring upon the residents of certain States and Terri- tories authority to cut timber upon the public lands for agricultural, mining, manufacturing, or domestic purposes. "Timber used by cities for constructing electric light plants and building bridges, and by counties for building bridges and constructing flumes across the county roads is used for 'domestic purposes' within the meaning of Section 8 of the Act of March 3, 1891, as amended." City and County of Beaver, 34 L. D., 112. "The authority and permission to fell and remove timber and trees, con- ferred by the Act of June 3, 1878 (20 Stat., 88), extends only to the public mineral lands susceptible of mineral entry alone. The Act does not, as to such lands, secure to miners of the vicinity an exclusive right of timber pro- portion. If any given tract is in fact mineral in character, title to the land, together with the timber thereon, may be acquired under the mining laws, and if vacant and nonmineral available chiefly for timber but unfit for culti- vation, containing no mining or other value, may be purchased under the conditions as prescribed by the Act of June 3, 1878 (3 Stat., 88), 35 L. D., 90. Regulations, 37 L. D., 492; 39 L. D., 75. WIDOWS AND HEIRS OF HOMESTEAD SETTLERS AND ENTRYMEN. The Act of June 6, 1912, amended Sec. 2291 of the Revised Statutes, providing, among other things : That when the person making entry dies before the offer of final proof is accepted, the entry must show that the entryman had complied with the law in all respects up to the date of his death, and that they have since complied with the law in all re- 586 spects, as would have been required of the entryman had he lived, excepting that they are relieved from any requirement of residence upon the land. For rights of widows, heirs, or devisees under the homestead laws, see "Suggestions to Homesteaders and Persons Desiring to Make Homestead Entries." Where both parties die leaving infant children the homestead may be sold for cash for the benefit of such children and the pur- chaser skall receive title from the United States; or residence and cultivation may continue for the prescribed period, when the pat- ent will issue to the children. Where the sale of land is desired for the benefit of minor heirs, application should be made to the Court having jurisdiction in probate matters, for an order of sale. The order of sale and the sale thereunder should be certified to the Register and Receiver under seal of the Court, whereupon Register's final certificate will be issued, after publication of notice for thirty days preceding date to be fixed by the Register and Receiver. Copy of such published notice must be posted in the land office during the period of publication. The following form may be used: DEPAETMENT OF THE INTERIOR United States Land Office ..191.. NOTICE IS HEREBY GIVEN that purchaser from guardian of minor heir of , deceased, has made application for the issue of patent to him under Section 2292, U. S. Revised Statutes, for Sec , T of Range M. P., containing .... acres, being the land embraced in H. E. Serial No of the said , deceased. All persons having claims to the land adverse to the said and the said named minor heir may file protests against the issuance of said patent in my office, on or before the day of , 1912. Register. (Sec. 2292, Revised Statutes, p. 343.) Consult also decisions under both sections, as shown in Table of Revised Statutes Cited and Construed. Upon the death of a homesteader who leaves no widow, but both adult and minor heirs, the right to perfect entry passes alike to all the heirs. See Bernier vs. Bernier, 147 U. S., 242. "The heirs of a deceased homestead entryman may delegate to another the power to perform for their benefit the cultivation on the entry required by law, and such cultivation, if actually car- ried on in good faith for the required period, constitutes compliance with the homestead law the same as though performed by the heirs themselves." "The right conferred by law upon the heirs of a deceased homestead entryman to submit final proof on the entry can not be delegated to another." "Where a homestead claimant, by contract to convey the land embraced in his entry after the submission of final proof, puts it beyond his power to acquire title under the entry except by perjury, he thereby forfeits his rights, and upon proof of such fact the entry will be canceled." 587 "A homestead entryman who at the time of his death had not acquired the legal title to the land embraced in his entry, was not at such time, by reason of his claim under the entry, a person 'holding real property,' within the meaning of article 1 of the treaty of March 1, 1899, between the United States and Great Britain, and his alien heirs, subjects of the latter country, have therefore no such claim or right to the lands embraced in the entry as is entitled to protection under the provisions of said treaty." "There is no provision of the homestead law by which any rights or claims to public lands, prior to the issuance of patent, can be devised or succeeded to and perfected by, or on behalf of, other than citizens of the United States." "The heirs of a deceased homestead entryman who during his lifetime failed to comply with the law, may complete the entry by either residing upon or cultivating the land for the full period of five years, if sufficient of the lifetime of the entry remains for that purpose; or may commute upon a showing of residence and cultivation for fourteen months, but can not commute upon a show- ing of cultivation alone." (See Three-Year Homestead Law.) "Upon the death of a homesteader prior to consummation of his claim, his widow, if there be one, succeeds under the homestead law to his right to the land ; and the State courts have no jurisdic- tion to interfere with or divert the succession so fixed by Federal statute." WATER EIGHTS. See Mining Claim. See Sections 2339 and 2340 R. S. Acquired by prior appropriation and protected under Sections 2339 and 2340. Title of water used for reclamation of desert land must be bona fide appropriation. 1 L. D., 27; 5 L. D., 191; 9 L. D., 6. "An adverse claim as against an alleged prior appropriation will not be recognized it' it appears that undisturbed possession has been maintained under such appropriation for a period sufficient to establish title." 9 L. D., 6. ' ' The Land Department has authority to determine questions pertaining to appropriation for the reclamation of desert land." 9 L. D., 6. See Arid Lands. See Desert Lands. See Reclamation Land. See Right of Way, canals, ditches, and reservoir sites. "Final certificate of patent will not issue upon a desert land entry within a reclamation project until all the payments for water right under such entry have been made and the water right permanently attached to the land." 38 L. D., 194. ADJUDICATION OF WATER EIGHTS. Under date of April 16, 1912, the Commissioner of the General Land Office issued instructions to the land offices in Montana, and said : "Hereafter, in taking or examining final proofs, you will, in every case where water appropriation, as alleged, was made on or after March 9, 1907, require the claimant, if there was, prior to the appropriation, an adjudication of the water rights in the stream involved, to furnish a duly certified copy of the order of court allowing claimant's appropriation. In every case of alleged appropriation on or after March 9, 1907, where copy of such order or decree is not filed, on the ground that no adjudication has been had, you will require claimant to furnish a certificate from the proper court, stating whether there has been such an adjudication." While these instructions were intended to cover the water right situation in Montana, it is deemed proper to give them here that their applicability may be shown in States having a similar statutory provision concerning 'water appropriations. See Reclamation Lands. See Desert Entries. 588 WAGON BOADS. "An executive order of withdrawal made in aid of a congressional grant, where there is no statutory prohibition against such action, rests upon the general authority of the department, and no rights, either legal or equitable, can be acquired by either settlement or equity, in violation of such order." 26 L. D., 357. "Mere occupation or use of a body of unsurveyed public land of indefinite area without any intent to acquire title to the particular portion thereof in controversy, is not such an appropriation of that portion as to except it, or the subdivision of which it is a part, from the operation of a wagon road grant." Watson v. The Dalles Military Wagon Eoad Co., 24 L. D., 202. See Military Eoads. See Land Grants, allowing entry of 160 acres on even sections, Act March 3, 1879, 20 Stats., 472. Land Grants, limitations on suits to annul patents, Act of March 2, 1896, 29 Stats., 42. Land Grants, Relief of Settlers on, Act of July 1, 1902, 32 Stats., 733. See Post Roads, Act March 1, 1884, 23 Stats., 32 L. D., 620. California & Oregon Land Co., 32 L. D., 154; 31 L. D., 424. Eastern Oregon Land Co., 31 L. D., 174. The grant to the State of Oregon by the Act of February 25, 1867, to aid in the construction of a military wagon road, was operative only on lands within the boundaries of that State, and lands outside the State, although within six miles of the road, generally constitute a valid basis for indemnity. 37 L. D., 694. WITNESSES. See Rules of Practice, Depositions, Subpoenas. Compulsory attendance, 32 L. D., 132; 39 L. D., 601. Fees and mileage, 36 L. D., 473. An Act providing for the compulsory attendance of witness before registers and receivers of the land office. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That registers and receivers of the land office, or either of them, in all matters requiring a hearing before them, are authorized and empowered to issue subpoenas directing the attendance of witnesses, which subpoenas may be served by any person by delivering a true copy thereof to such witness, and when served witnesses shall be required to attend in obedience thereto: Provided, That if any subpoena be served under the provisions of this Act by any person other than an officer authorized by the laws of the United States, or of the State or Territory in which the depositions are taken, the service thereof shall be proved by the affidavit of the person serving the same: Provided further, That said subpoenas shall be served within the county in which attendance is required, and at least five days before attendance is required. Sec. 2. That witnesses shall have the right to receive their fee for one day's attendance and mileage in advance. The fees and mileage of witnesses shall be the same as that provided by law in the district courts of the United States in the district in which such land offices are situated; and the witness shall be entitled to receive his fee for attendance in advance from day to day during the hearing. Sec. 3. That any person wilfully neglecting or refusing obedience to such subpoena, or neglecting or refusing to appear and testify when subpoenaed, his fees having been paid if demanded, shall be deemed guilty of a misdemeanor, for which he shall be punished by indictment in the district court of the United States or in the district courts of the Territories exercising the juris- diction of circuit or district courts of the United States. The punishment for such offense, upon conviction, shall be a fine of not more than two hundred dollars, or imprisonment not to exceed ninety days, or both, at the discretion of the court: Provided, That if such witness has been prevented from obeying such subpoena without fault upon his part he shall not be punished under the provisions of this act. Sec. 4. That whenever the witness resides outside the county in which the hearing occurs, any party to the proceeding may take the testimony of 589 such witness in the county of such witness's residence in the form of deposi- tions by giving ten days' written notice of the time and place of taking such depositions to the opposite party or parties. The depositions may be taken before any United States commissioner, notary public, judge, or clerk of a court of record. Subpoenas for witnesses before the officer taking depositions may issue from the office of the register or receiver, or may be issued by the officer taking the depositions, and disobedience thereof, as defined in this Act, shall also be punished; and the witness shall receive the same fees and mileage and be subject to the same penalties in all respects as in case of violation of a subpoena to appear before the register or receiver, and subject to the same limitations. The fees of the officer taking the depositions shall be the same as those allowed in the State or Territorial courts, and shall be paid by the party taking the deposition, and an itemized account of the fees shall be made by the officer taking the depositions and attached to the depositions. Sec. 5. That whenever the taking of any depositions taken in pursuance of the foregoing provisions of this Act is concluded the opposite party may pro- ceed at once at his own expense to take depositions in his own behalf, at the same time and place and before the same officer: Provided, That he shall, before taking of the depositions in the first instance is entered upon, give notice to the opposing party, or any agent or attorney representing him in the taking of said depositions, of his intention to do so. Approved, January 31, 1903 (32 Stat., 790). WORDS AND PHRASES. "Conspicuous Place " (Hughes et al. v. Gilbert et al., 2 L. D., 756). "Children" (W. S. Jackson, 2 L. D., 611). "As soon as practicable" (William Rablin, 2 L. D., 764). "Jumping" of Claims, "Jumped" (Circular September 29, 1893, 2 L. D., 337). "Actual Settler" (Samuel M. Frank, 2 L. D., 628). '-'Sales of Public Lands" (State of Kansas, 2 L. D., 695). "After," "Before," "All right and title," "Bona Fide Purchaser" (Charlemagne Tower, 2 L. D., 779). "Person," "Corporation," "Entry" (North and South Alabama Ed. Co., 2 L. D., 681). "Disposal," "Entry" (Arant v. State of Oregon, 2 L. D., 641). "Half," "and," "or" (Indian Allotments, Act February 8, 1887, In- struction, 5 L. D., 521). "Homestead Laws" (Kelly v. Maynard, 5 L. D., 591). "All lands not locally inapplicable shall have the same force and effect within that State as in the other States of the Union" (State of Kansas v. U. S., 5 L. D., 712). "Reasonably" (Pearsall & Freeman, 6 L. D., 227). "Shall be disposed of to actual settlers under the Homestead Law" (Indian Allotments Old Columbia Reservation Act of July 4, 1884, and February 8, 1887, Circular July 22, 1887, 43). "Confirmed by Congress" (Jean Pierre Clothier, 6 L. D., 447). "Public Lands," "Another" (Falconer v. Hunt et al., 6 L. D., 512). "Actual and Bonafide," "The Secretary of the Interior shall make all rules and regulations necessary to carry into effect the provisions of this Act" (Chitwood v. Hickok, 7 L. D., 277). "Adjacent to line of railroad" (Oregon and Washington Ty. Rd. Co., 7 L. D., 541). "Show," also "One or more of the witnesses is absent without the con- sent or procurement"; "The exercise of proper diligence to procure the attend- ance of the absent witnesses" (Smith v. Smart, 7 L. D., 63). "Actual Settler" (U. S. et al. v. Atterbery et al., 8 L. D., 173). "Bonafide Residence" (J. H. Thompson, 10 L. D., 34). "Had the benefit of said law" (Jas. W. Berry, 10 L. D., 634). "Public Lands" (Frank Burns, 10 L. D., 365). "Day," "Business day" (15 L. D., 302). "Bonafide," "Actual settlers in good faith" (Bene v. Prendergast, 17 L. D., 385). "Actual Settlers in Good Faith" and also "possession," also "Bonafide intent to secure title to the land by purchase from the State or corporation when earned." Also "Actually residing," also the phrase "May have settled said land" (Pawnee Indian Lands, Instructions October 23, 1893, 17 L. D 1 ., 490), 590 "Land District" (18 L. D., 601). "Citizens" (19 L. D., 141). "Head of a family" (Nix v. Simon, 19 L. D., 85). "Civil Death" (Nix v. Simon, 19 L. D., 85). "Beserved from sale by any law of Congress" (Campbell v. Jackson, 19 L. D., 277). "Enter"; "Three years after filing said declaration," "Declaration" (Fred W. Kimball, 20 L.*D., 67). "Casualty" (John Reilly, 20 L. D., 21). "Enter"; "Homestead Laws" (Quinn v. Taby, 20 L. D., 528). "Fee simple title"; also "But a limited and conditional title only" (Perry v. Krotz, 21 L. D.,-503). ' ' Could not be heard to charge his landlord with abandonment of the land"; "That is all right, let the Government settle it," "Bonafide" (Marsh v. Huges, 22 L. D., 581). "Adverse Claim"; and also "valid" (Jared Martin et al., 23 L. D., 582). "Public lands adjacent thereto" (24 L. D., 588). "Subject to entry by the first legal applicant" (Hastings & N. D. Ed. Co. v. Arnold, 26 L. D., 538). "Occupant" and also "Use and Possession" (Frank Johnson, 28 L. D., 537). "Bonafide Settlers" (29 L. D., 501). "By their legal subdivisions of 40 acres " (29 L. D., 501). Instruction, February 15, 1900. "Lost or otherwise" (John W. Spain, 21 L. D., 362). "Permits for Eight of Pasturage" (Territory New Mexico, 34 L. D., 143). "In a nature of an easement"; "list" (34 L. D., 288). "Compact"; also "Shall as nearly compact in form as possible, and in no event over two miles in extreme length" (Ealph Wertz et al., 35 L. D., 585). "Own and occupy" (Libolt v. Snider, 35 L. D., 430). "Public Land Laws" (Edwin J. Miller, 35 L. D., 411). "A preference right of entry"; also "Under the preceding section"; "The right to enter by legal subdivision"; also "Upon payment to the Re- ceiver"; "Exclusive" (Charles S. Morrison, 36 L. D., 127). "Foreigner"; "Alien" (36 L. D., 195). "Public Lands" (36 L. D., 345). "Entry" (36 L. D., 279). "Actual Settlers" (State of Oregon, 36 L. D., 509). "Lawful Filing" (State of Washington, 37 L. D., 2). "Extraordinary emergency" (37 L. D., 32) (Opinion). "Gravel" (Zimmerman v. Brunson (38 L. D., 313). "Agricultural Lands" (Northern Pacific Ry. Co., 38 L. D., 314). "Own and Occupy" (Kincaid Act) (Dibolt v. Coen, 38 L. D., 16). "Permanent Forest Eeserve" (Act June 11, 1906 (Opinion), 38 L. D., 411). "Temporary Forest Eeserve" (Act June 11, 1906 (Opinion), 38 L. D., 414). "Eesident" (Act June 3, 1878, Centerville Mining & Milling Co., 38 L. D., 80). "Actual Residence" (Act of August 15, 1894, Adams v. Coates, 39 L. D., 179). "Citizen," "Person" (Act of March 3, 1887, 39 L. !>., 245). "Claimant" (39 L. D., 31). "Honorably discharged," within meaning of Section 2304 R. S. (39 L. D., 164). "Legal Eepresentation"; "Mortgagee," within meaning of Act of March 26, 1908 (Alexander Eraser, 39 L. D., 151). "Person" in the Act of March 3, 1909, includes "State," "Selection" (State of Mont., 39 L. D., 247). "Proprietor" within the meaning of Section 2289, Eevised Statutes (Gal- lant v. Cole, 39 L. D., 153); (Reiber v. Stauffacher, 39 L. D., 201). SETTLERS ON RESTORED RAILROAD LANDS. An Act for the relief of certain settlers on restored railroad lands. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all persons who shall have settled and made valuable and permanent improvements upon any odd-numbered section of land within any railroad withdrawal in good faith and with the permission and license of the railroad company, for whose benefit the same 591 shall have been made, and with the expectation of purchasing of such company the land so settled upon, which land so settled upon and improved may, for any cause, be restored to the public domain, and who, at the time of such restora- tion, may not be entitled to enter and acquire title to such land under the preemption, homestead or timber culture acts of the United States, shall be permitted at any time within three months after such restoration, and under such rules and regulations as the Commissioner of the General Land Office may prescribe to purchase, not to exceed one hundred and sixty acres in extent of the same legal subdivisions, at the price of two dollars and fifty cents an acre, and to receive patents therefor. Approved, January 13, 1881 (21 Stat., 315). CLIMATIC HINDRANCES. An Act to amend Section 2297 of the Revised Statutes, relating to homestead settlers. See Three-year homestead law as amended Act June 6, 1912, p. 480. REIMBURSEMENT FOR FAILURE OF TITLE IN NEBRASKA AND KANSAS. An Act for the relief of settlers and purchasers of lands on the public domain in the States of Nebraska and Kansas. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That for the purpose of reimbursing persons, and the grantees, heirs and devisees of persons, who under the home- stead, preemption, or other laws, settled upon or purchased lands within the grant made by an Act entitled "An Act for a grant of lands to the State of Kansas to aid in the construction of the Northern Kansas Railroad and Tele- graph," approved July twenty-third, eighteen hundred and sixty-six, and to whom patents have been issued therefor, but against which, persons, or their grantees, heirs or devisees, decrees have been or may hereafter be rendered by the United States circuit courts on account of the priority of said grant made in the Act above entitled, the sum of two hundred and fifty thousand dollars, or so much thereof as shall be required for said purpose, is hereby appropriated: Provided, however, That no part of said sum shall be paid to any one of said parties until after he shall have filed with the Secretary of the Interior a copy of the said decree, duly certified, and also a certificate of the judge of said court rendering the same to the effect that such a decree was rendered in a bona fide controversy between a plaintiff showing title under the grant made in said Act, and defendant holding the patent or holding by deed under the patentee, and that the decision was in favor of the plaintiff on the ground of the priority of the grant made by said Act to the filing, settlement or purchase by the defendant or his grantor; and said claimant shall also file with the said decree and certificate a bill of the costs in such case, duly certified by the judge and clerk in said court. Thereupon it shall be the duty of the Secretary of the Interior to adjust the amount due to each defendant on the basis of what he shall have paid, not exceeding three dollars and fifty cents per acre for the tract, his title to which shall have failed as aforesaid, and the costs appearing by the bill thereof so certified as herein- before provided. He shall then make a requisition upon the Treasury for the sum found to be due to such claimant, or his heirs, and devisees or assigns, and shall pay the same to him, taking such release, acquittance or discharge as shall forever bar any claim against the United States on account of the failure of the title as aforesaid: Provided further, That when any person, his grantees, heirs, assigns or devisees, shall prove to the satisfaction of the Secretary of the Interior that his case is like the case of those described in the preceding portions of this Act, except that he has not been sued and sub- jected to judgment as hereinbefore provided, and that he has in good faith paid to the person holding the prior title by the grant herein referred to the price demanded of him, without litigation, such Secretary shall pay to such person such sum as he has so paid, not exceeding three dollars and fifty cents per acre, taking his release therefor as hereinbefore provided. Sec. 2. That the provisions of this Act shall only apply to the actual and bona fide settlers on the lands herein referred to, his or their heirs, assigns, or legal representatives, and no one person shall be entitled to the benefits of this Act for compensation for more than one hundred and sixty acres of land: Provided, That all other persons who purchased any part of said land at one 592 dollar and twenty-five cents per acre, and the money was actually paid into the Treasury, such person, his heirs, assigns, or legal representatives, shall be entitled to repayment of the money so actually paid by them. Approved, March 3, 1887. (24 Stat., 550.)" ADJUSTMENT OF RAILROAD LAND GRANTS. An Act to provide for the adjustment of land grants made by Congress to aid in the construction of railroads, and the forfeiture of unearned lands, and for other purposes. Be it enacted by the Senate and House of Eepresentatives of the United States of America in Congress assembled, That the Secretary of the Interior be, and is hereby, authorized and directed to immediately adjust, in accordance with the decisions of the Supreme Court, each of the Railroad Land Grants made by Congress to aid in the construction of railroads and heretofore adjusted. Sec. 2. That if it shall appear, upon the completion of such adjustments respectfully (respectively), or sooner, that lands have been from any cause heretofore erroneously certified or patented by the United States to or for the use or benefit of any company claiming by, through, or under grant from the United States, to aid in the construction of a railroad, it shall be the duty of the Secretary of the Interior to thereupon demand from such company a relinquishment or reconveyance to the United States of all such lands, whether within granted or indemnity limits, and if such company shall neglect or fail to so reconvey such lands to the United States within ninety days after the aforesaid demand shall have been made, it shall thereupon be the duty of the Attorney-General to commence and prosecute in the proper courts the necessary proceedings to cancel all patents, certification, or other evidence of title heretofore issued for such lands, and to restore the title thereof to the United States. Sec. 3. That if in the adjustment of said grants, it shall appear that the homestead or preemption entry of any bona fide settler has been erroneously canceled on account of any railroad grant or the withdrawal of public lands from market, such settler upon application shall be reinstated in all his rights and allowed to perfect his entry by complying with the public land laws: Provided, That he has not located another claim or made an entry in lieu of the one so erroneously canceled: And provided also, That he did not voluntarily abandon said original entry. And provided further, That if any of said settlers do not renew their application to be reinstated within a reasonable time, to be fixed by the Secretary of the Interior, then all such unclaimed lands shall be disposed of under the public land laws, with priority of right given to bona fide purchasers of said unclaimed lands, if any, and if there be no such purchasers, then to bona fide settlers residing thereon. Sec. 4. That as. to all lands, except those mentioned in the foregoing section, which have been so erroneously certified or patented as aforesaid, and which have been sold by the grantee company to citizens of the United States, or to persons who have declared their intention to become such citizens, the person or persons so purchasing in good faith, his heirs or assigns, shall be entitled to the lands so purchased, upon making proof of the fact of such purchase at the proper land office, within such time and under such rules as may be prescribed by the Secretary of the Interior, after the grants re- spectively shall have been adjusted; and patents of the United States shall issue therefor, and shall relate back to the date of the original certification or patenting, and the Secretary of the Interior on behalf of the United States shall demand payment of the company which has so disposed of such lands of an amount equal to the Government price of similar lands; and in case of neglect or refusal of such company to make payment as hereafter specified, within ninety days after the demand shall have been made, the Attorney-General shall cause suit or suits to be brought against such company for the said amount: Provided, That nothing in this Act shall prevent any purchaser of lands erroneously withdrawn, certified or patented as aforesaid from recovering the purchase money therefor from the grantee company, less the amount paid to the United States by such company as by this Act required: And provided, That a mortgage or pledge of such lands by the company shall not be considered as a sale for the purpose of this Act, nor shall this Act be construed as a declaration of forfeiture of any portion of any land grant for conditions broken, or as authorizing an entry for the 593 same, or as a waiver of any rights that the United States may hare on account of any breach of said conditions. Sec. 5. That where any said company shall have sold to citizens of the United States, or to persons who have declared their intention of becoming such citizens, as a part of its grant, lands not conveyed to or for the use of such company, said lands being the numbered sections, prescribed in the grant, and being coterminous with the constructed parts of said road and where the lands so sold are for any reason excepted from the operation of the grant to said company, it shall be lawful for the bona fide purchaser thereof from said company to make payment to the United States for said lands at the ordinary Government price for like lands, and thereupon patents shall issue therefor to the said bona fide purchaser, his heirs or assigns: Provided, That all lands shall be excepted from the provisions of this section which at the date of such sales were in the bona fide occupation of adverse claimants under the preemption or homestead laws of the United States, and whose claims and occupation have not since been voluntarily abandoned, as to which excepted lands the said preemption and homestead claimants shall be permitted to perfect their proofs and entries ajid receive patents therefor: Provided further, That this section shall not ap;-ly to lands setled upon sub- sequent to the first day of December, eighteen hundred and eighty-two, by persons claiming to enter the same tinder the settlement laws of the United States, as to which lands the parties claiming the same as aforesaid shall be entitled to prove up and enter as in other like cases. Sec. 6. That where any such lands have been sold and conveyed, as the property of any railroad company, for the State and county taxes thereon, and the grant to such company has been thereafter forfeited, the purchaser thereof shall have the prior right, which shall continue for one year from the approval of this Act, and no longer, to purchase such lands from the United States at the Government price, and patents for such lands shall thereupon issue: Provided, That said lands were not, previous to or at the time of the taking effect of such grant, in the possession of or subject to the right of any actual settler. Sec. 7. That no more lands shall be certified or conveyed to any State or to any Corporation or individual, for the benefit of either of the com- panies herein mentioned, where it shall appear to the Secretary of the Interior that such transfers may create an excess over the quantity of lands to which said State, Corporation or individual would be rightfully entitled. Approved, March 3, 1887 (24 Stat., 556). Note See Regulations June 15, 1901, 30 L. D., 620, also circular February 14, 1899, Act July 1, 1898, page 170. ENTRIES FOR BUILDING STONE EXTENSION OF ACT OF JUNE 3, 1878. An Act to authorize the entry of lands chiefly valuable for building stone under the placer mining laws. Be it enacted by the Senate and HCuse of Representatives of the United States of America in Congress assembled, That any person authorized to enter lands under the mining laws of the United States may enter lands that are chiefly valuable for building stone under the provisions of the law in relation to placer mineral claims: Provided, That lands reserved for the benefit of the public schools or donated to anv State shall not be subject to entry under this Act. Sec. 2. That an Act entitled "An Act for the sale of timber lands in the States of California, Oregon, Nevada and Washington Territory" approved June third, eighteen hundred and seventy-eight, be, and the same is hereby, amended by striking out the words "States of California, Oregon, Nevada, and Washington Territory" where the same occur in fche second and third fines of said Act, and insert in lieu thereof the words "Public-land States," the purpose of this Act being to make said Act of June third, eighteen hundred and seventy-eight, applicable to all the public-land States. Sec. 3. That nothing in this Act shall be construed to repeal section twenty-four of the Act entitled "An Act to repeal timber-culture laws and for other purposes," approved March third, eighteen hundred and ninety-one. Approved, August 4, 1892. (27 Stat., 348.) 594 SURVEY OF PUBLIC LANDS AT BEQUEST OF PEESONS OR ASSOCIA- TIONS OF PEESONS SPECIAL DEPOSITS THEEEFOE. An Act to amend sections twenty-four hundred and one and twenty-four hundred and three of the Revised Statutes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section twenty-four hundred and one of the Revised Statutes of the United States is hereby amended so as to read as follows: "Sec. 2401. When the settlers in any township, not mineral or reserved by the Government, or persons and associations lawfully possessed of coal lands and otherwise qualified to make entry thereof, or when the owners or grantees of public lands of the United States, under any law thereof, desire a survey made of the same under the authority of the Surveyor-General and shall file an application therefor in writing, and shall deposit in a proper United States depository to the credit of the United States a sum sufficient to pay for such survey, together with all expenditures incident thereto, without cost or claim for indemnity on the United States, it shall be lawful for the Surveyor-General, under such instructions as may be given him by the Com- missioner of the General Land Office, and in accordance with law to survey such township or such public lands owned by said grantees of the Govern- ment and make return therefor to the general and proper local land office: Provided, That no application shall be granted unless the township so proposed to be surveyed is within the range of the regular progress of the public surveys embraced by existing standard lines or basis for township and sub- divisional surveys. Sec. 2. That section twenty-four hundred and three of the Revised Statutes of the United States as heretofore amended is hereby amended so as to read as follows: "Sec. 2403. Where settlers or owners or grantees of public lands make deposits in accordance with the provisions of section twenty-four hundred and one, as hereby amended, certificates shall be issued for such deposits which may be used by settlers in part payment for the lands settled upon by them, the survey of which is paid for out of such deposits, or said certificates may be assigned by indorsement and may be received by the Government in pay- ment for any public lands of the United States in the States where the surveys were made, entered or to be entered under the laws thereof." Sec. 3. That all laws and parts of laws inconsistent with this Act be, and the same are hereby, repealed. Received by the President, August 8, 1894. (Note by the Department of State. The foregoing Act having been pre- sented to the President of the United States for his approval and not having been returned by him to the house of Congress in which it originated within the time prescribed by the Constitution of the United States, has become a law without his approval.) August 20, 1894. (28 Stat., 423.), REVISED STATUTES OF THE UNITED STATES. The Secretary of the Interior. Duties of Secretary. 3 Mar., 1849, C. 108, ss. 3, 5, 6, 7, 8, 9, v. 9, p. 395. 8 July 1870, c. 230, s. 1, v. 16, p. 198. 5 Feb. 1859, c. 22. s. 1, v. 11, p. 379. '20 July, 1868, c. 176, s. 1, v. 15, pp. 92, 106. Maguire v. Tyler, 1 Bl., 95. Sec. 441. The Secretary of the Interior is charged with the supervision of public business relating to the following subjects: First. The Census; when directed by law. Second. The public lands, including mines. Third. The Indians. Fourth. Pensions and bounty lands. Fifth. Patents for inventions. Sixth. The custody and distribution of publications. Seventh. Education. Eighth. Government Hospital for the Insane. Ninth. Columbia Asylum for the Deaf and Dumb. Commissioner of the General Land Office. Duties of Commissioner. 25 Apr., 1812. c. 68 s. 1, v. 2. p. 716. 4 July, 1836, c. 352, s. 1, v. 5. p. 107. 595 Sec. 453. The Commissioner of the General Land Office shall perform, under the direction of the Secretary of the Interior, all executive duties appertaining to the surveying and sale of the public lands, of the United States, or in any wise respecting such public lands, and, also, such as relate to private claims of land, and the issuing of patents for all Agents (grants) of land under the authority of the Government. Exemplifications of Patents, Records, Books or Papers. Sec. 461 of the Eevised Statutes was amended by the Act of April 2, 1888 (25 Stat, 76), to read as follows: "Sec. 461. All exemplifications of patents or papers on file or of record in the General Land Office which may be required by parties interested shall be furnished by the Commissioner upon the payment by such parties at the rate of fifteen cents per hundred words, and thirty cents each for photo- lithographed copies of township plats or diagrams, unverified, not to exceed ten copies to any one person, and twenty-five cents each for all copies in excess of ten, with an additional sum of one dollar for the Commissioner's certificate of verification, with the General Land Office seal; and one of the employees of the office shall be designated by the Commissioner as the Re- ceiving Clerk, and the amount so received shall, under the direction of the Commissioner, be paid into the Treasury; but fees shall not be demanded for such authentic copies as may be required by the officers of any branch of the Government, nor for such unverified copies as the Commissioner, in his discretion, may deem proper to furnish." Sec. 891. Copies of any records, books or papers in the General Land Office, authenticated by the seal and certified by the Commissioner thereof or, when his office is vacant, by the principal clerk, shall be evidence equally with the original thereof. And literal exemplifications of any such records shall be held, when so introduced in evidence, to be of the same validity as if the names of the officers signing and countersigning the same had been fully inserted in such record. (See Sees. 461, 2469 and 2470.) New Orleans Pacific Railway Company May Relinquish Lands in Favor of Settlers, and Make Selections in Lieu Thereof. Chap. 98. An Act for the relief of settlers upon lands within the indemnity limits of the grant to the New Orleans Pacific Eailway Company. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That authority be, and is hereby, given the New Orleans Pacific Railroad to relinquish any lands within the indemnity limits of its grant, which by decision of the Land Department of the Government has been awarded it, in favor of any settler entitled to the right of entry under the laws of the United States who has been allowed to make entry thereof, or who has resided upon and improved the same for five years, and to select in lieu thereof an equal quantity of other lands, from any of the public lands not mineral, and within the limits of its grant and not otherwise apportionated at the date of selection, to which it shall receive title the same as though originally granted. Approved, April 14, 1896. (29 Stat., 91.) Confirmation of Certain Homestead Entries, Prematurely Commuted, etc. Chap. 312. An Act relating to commutations of homestead entries, and to confirm such entries when commutation proofs were received by local land officers prematurely. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That whenever it shall appear to the Commissioner of the General Land Office that an error has heretofore been made by the officers of any local land office in receiving premature com- mutation proofs under the homestead laws, and that there was no fraud practiced by the entryman in making such proofs, and final payment has been made and a final certificate of entry has been issued to the entryman and that there are no adverse claimants to the land described in the certificates of entry whose rights originated prior to making such final proofs, and that no other reason why the title should not vest in the entryman exists except that the commutation was made less than fourteen months from the date of the 596 homestead settlement, and that there was at least six months' actual residence in good faith by the homestead entryman on the land prior to such commuta- tion, such certificates of entry shall be in all things confirmed to the entryman, his heirs and legal representatives, as of the date of such final certificate of entry, and a patent issued thereon, and the title so patented shall inure to the benefit of any grantee or transferee in good faith of such entryman subse- quent to the date of such final certificate: Provided, That this Act shall not apply to commutation and homestead entries on which final certificates have been issued, and which have heretofore been canceled when the lands made vacant by such cancellation have been reentered under the homestead Act. Sec. 2. That all commutations of homestead entries shall be allowed after the expiration of fourteen months from date of settlement. Sec. 3. That all Acts and parts of Acts in conflict with any of the provisions of this Act are hereby repealed. Sec. 4. That this Act shall take effect and be in force from and after its passage and approval. Approved June 3, 1896. (29, Stat., 197.) Confirmations by the Seventh Section of the Act of March 3, 1891. The seventh section of the Act entitled "An Act to repeal timber-culture laws, and for other purposes," approved March 3, 1891 (26 Stat. L., 1095), reads as follows, viz: "That whenever it shall appear to the Commissioner of the General Land Office that a clerical error has been committed in the entry of the public lands such entry may be suspended upon proper notification to the claimant through the local land office until the error has been corrected; and all entries made under the preemption, homestead, desert-land, or timber-culture laws, in which final proof and payment may have been made and certificates issued, and to which there are no adverse claims originating prior to final entry and which have been sold or incumbered prior to the first day of March, eighteen hundred and eighty-eight, and after final entry of bona fide purchasers, or incumbrances, for a valuable consideration, shall, unless upon an investigation by a Government agent, fraud on the part of the purchaser has been found, be confirmed and patented upon presentation of satisfactory proof to the land department of such sale or incumbrance: Provided, That after the lapse of two years from the date of the issuance of the Eeceiver's receipt upon the final entry of any tract of land under the homestead, timber-culture desert- land, or preemption laws, or under this Act, and when there shall be no pending contest or protest against the validity of such entry, the entryman shall be entitled to a patent conveying the land by him entered, and the same shall be issued to him; but this proviso shall not be construed to require the delay of two years from the date of said entry before the issuing of a patent therefor. Under this section, whenever a clerical error is discovered in any entry of the public lands which can not be accurately corrected by reference to the files, plats, and records of the General Land Office, such entry will be sus- pended upon notice to the claimant, and so remain until such error shall have been corrected. The first class of entries confirmed by this section are .those heretofore made, and with the additional conditions that there was a sale or incumbrance of the land prior to March 1, 1888, and after the issuance of final certificate to bona fide purchasers or incumbrancers, and that there is no adverse claim originating prior to final entry. As to this class of entries it must be shown that no adverse claim exists that originated prior to final entry, and this will be usually determined by the records of the local and General Land Offices. The sale or incumbrance must be shown and all conveyances necessary to connect the present claimant of the land with the original entryman, by means of the original deeds, cer- tified copies thereof, or a duly certified abstract of the proper records, together with satisfactory evidence that the incumbrance has not been discharged or that the land has not been reconveyed to the entryman. The bona fides of the sale or incumbrance must appear to the satisfaction of the officers of the Government. The proviso to said section affects not only entries made prior to the passage of said Act, but also those made and to be made subsequently thereto, and, as to this latter class, may be said to be a statute of limitations. All entries against which contests or protests by individuals were pending 597 at the date of the passage of said Act are held to have been excepted from the confirmatory provisions of this proviso, and such contests and protests will be considered and disposed of as if same section had not been passed. Where the period of two years from the date of the Keceiver 's receipt expires after the passage of said Act a contest or protest to be effective to prevent the confirmation of such entry must have been initiated within such period. As to the effect of the proviso of this section upon proceedings instituted by the Government it is sufficient for the purposes of this circular to say that such proceedings as have been or shall be begun within two years from the date of the Keceiver 's receipt on final entry are not affected by said proviso, but will be continued to a final determination of the questions involved, and that such proceedings to be effective to take the entry attacked out of the operation of said proviso must have been begun within the said period. It is not thought proper in this circular to enter into details or attempt to lay down rules to govern all questions that may arise in the administration of this section, and for such information reference may be had to the decisions of the Department. An Act to amend section four of an Act entitled "An Act to prevent unlawful occupancy of the public lands," approved February twenty-fifth, eighteen hundred and eighty-five. Be it enacted by the Senate and House of Representatives of the United States 6*f America in Congress assembled, That section four of an Act entitled ''An Act to prevent unlawful occupancy of the public lands," approved February twenty-fifth, eighteen hundred and eighty-five, be, and the same is hereby, amended so as to read as follows: "Sec. 4. That any person violating any of the provisions hereof, whether as owner, part owner, or agent, or who shall aid, abet, counsel, advise, or assist in any violation hereof, shall be deemed guilty of a misdemeanor and fined in a sum not exceeding one thousand dollars, or to be imprisoned not exceeding one year, or both, for each offense." Approved, 'March 10, 1908. 60 Congress, Public Xo. 45, page 40. An Act to declare and enforce the forfeiture provided by section four of the Act of Congress approved March third, eighteen hundred and seventy-five, entitled "An Act granting to railroads the right of way through the public lands of the United States. ' ' Be it enacted by the Senate and House of Eepresentatives of the United States of America in Congress assembled, That each and every grant of right of way and station grounds heretofore made to any railroad corporation under the Act of Congress approved March third, eighteen hundred and seventy-five, entitled "An Act granting to railroads the right of way through the public lands of the United States," where such railroad has not been constructed and the period of five years next following the location of said road, or any section thereof, has now expired, shall be, and hereby is, declared forfeited to the United States, to the extent of any portion of such located line now remaining unconstructed, and the United States hereby resumes the full title to the lands covered thereby free and discharged from such easement, and the forfeiture hereby declared shall, without need of further assurance or conveyance, inure to the benefit of any owner or owners of land heretofore conveyed by the United States subject to any such grant cf right of way or station grounds: Provided, That no right of way on which construction is progressing in good faith at the time of the passage of this Act shall be in any wise affected, validated or invalidated, by the provisions of this Act. Approved, February 25, 1909. Second Session of the Sixtieth Congress, 1908-1909. Chap. 191, page 647. An Act to validate certain entries of public lands in the State of Colorado. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That no entries or filings for lands in township five and one-half south, of ranges forty-two, forty-three, forty- four, forty-five, and forty-six west, in the State of Colorado, shall be canceled or held invalid because they were not allowed, made, or perfected in the proper land district. Approved, March 26, 1908. Public No. 65. 60 Congress, Chap. 101. 1907-1908. 598 CKOW LAND. The Act of April 27, 1904, among other things, provides: Sec. 2. That the said agreement be, and the same is hereby, accepted, ratified, and confirmed, as herein amended. Sec. 3. That for the purpose of surveying and marking so much of the boundary line of the tract ceded and relinquished by the Indians as may be necessary to segregate the same from the lands reserved by them, as pro- vided in article four of said agreement, the sum of one thousand two hundred dollars, or so much thereof as may be necessary, be and the same is hereby, appropriated, out of any money in the treasury not otherwise appropriated, and there is hereby appropriated, out of any money in the treasury not other- wise appropriated, the sum of forty thousand dollars, or so much thereof as may be necessary, for the completion of the survey and subdivision of said ceded lands, the same to be reimbursed out of the first moneys to be received from the sale of said lands. Sec. 4. That the Commissioner of Indian Affairs shall cause allotments to be made, in manner and quantity as provided by existing law, of the lands occupied and cultivated by any Indians on the portion of the reservation by said agreement ceded and relinquished, as required by article three thereof; and where such Indian occupants elect to remove to the diminished reservation he shall cause a schedule to be prepared showing the names of such oc*cupants, the descriptions of the lands, and the character of the improvements thereon. Such improvements shall then be appraised and sold under the direction of the Secretary of the Interior to the highest bidder, no sale to be for less than the appraised value, the proceeds to be paid to the respective Indian occupants as required by said article 3: Provided, That the purchaser of such improve- ments shall have a preference right, if otherwise qualified, of thirty days after the land becomes subject to entry within which to enter the lands upon which the improvements are located, not exceeding one hundred and sixty acres, in compliance with the provisions herein governing the disposition of said ceded lands. The Secretary of the Interior shall fix a reasonable time within which such Indian occupants shall elect whether they will remain on the ceded tract or remove to the diminished reservation, and where they elect to remove he shall also fix a reasonable time within which such occupants must remove their improvements if they should chose to do so instead of having the same ap- praised and sold. Sec. 5. That before any of the lands by this agreement ceded are opened to settlement or entry the Commissioner of Indian Affairs shall cause the allot- ments to be made and the schedule to be prepared, as provided for in section four of this Act, and a duplicate of said schedule shall be filed with the Com- missioner of the General Land Office. Upon the completion of such allotments and the filing of such schedule and after the sale or removal of such improve- ments, the residue of such ceded lands, except sections sixteen and thirty-six, or lands in lieu thereof, which shall be reserved for common school purposes, and are hereby granted to the State of Montana for such purpose, shall be subject to withdraw and disposition under the Eeclamation Act of June seven- teenth, nineteen hundred and two, so far as feasible irrigation projects may be found therein. The charges provided for by said Eeclamation Act shall be in addition to the charge of four dollars per acre for the land, and shall be paid in annual instalments as required under the Eeclamation Act; and the amounts to be paid for the land shall be credited to the funds herein established for the benefit of the Crow Indians. If any lands in sections sixteen and thirty-six are included in an irrigation project under the Eeclamation Act, the State of Montana may select in lieu thereof, as herein provided, other lands not in- cluded in any such project, in accordance with the provisions of existing law concerning school land selections. In any construction work upon the ceded lands performed directly by the United States under the Eeclamation Act, preference shall be given to the employment of Crow Indians, or whites inter- married with them, so far as may be practicable: Provided, however, That if the lands withdrawn under the Eeclamation Act are not disposed of within five years after the passage of this Act, then all of said lands so withdrawn shall be disposed of as othe lands provided for in this Act. That the lands not withdrawn for irrigation under said Eeclamation Act, which lands shall be determined under the direction of the Secretary of the Interior at the earliest practical date, shall b'e disposed of under the homestead, townsite, 599 and mineral land laws of the United States, and shall be opened to settlement and entry by proclamation of the President, which proclamation shall prescribe the manner in which these lands may be settled upon, occupied, and entered by persons entitled to make entry thereof; and no person shall be permitted to settle upon, occupy, or enter any of said lands, except as prescribed in such proclamation, until after the expiration of sixty days from the time when the same are opened to settlement and entry: Provided, That as to the lands opened under such proclamation the rights of honorably discharged Union soldiers and sailors of the late civil and the Spanish war or Philippine insurrection, as defined and described in sections twenty-three hundred and four and twenty- three hundred and five of the Revised Statutes, as amended by the Act of March first, nineteen hundred and one, shall not be abridged: And provided further, That the price of said land's shall be four dollars per acre, when entered under the homestead laws, to be paid as follows: One dollar per acre when entry is made, and the remainder in four equal annual installments, the first to be paid at the end of the second year. In addition to the price to be paid for the land, the entryman shall pay the same fees and commissions at the time of commutation or final entry as now provided by law where the price of the land is one dollar and twenty-five cents per acre. Lands entered under the townsite and mineral land laws shall be paid for in amount and manner as provided by said laws, but in no event at a less price than that fixed herein for such lands, if entered under the home- stead laws, and in case any entryman fails to made such deferred payments, or any of them, promptly when due, all rights in and to the land covered by his or her entry shall at once cease, and any payments theretofore made shall be forfeited, and the entry shall be held for cancellation and cancelled: Provided, That the lands embraced within such cancelled entry shall, after cancellation of such entry, be subject to entry under the provisions of the homestead law at four dollars per acre until otherwise directed by the President, as herein provided: And provided, That nothing in this Act shall prevent homestead settlers from commuting their entries under section twenty- three hundred and one, Revised Statutes, by paying for the laad entered the price fixed herein; receiving credit for payments previously made, except as to lands entered under said Reclamation Act: And provided further, That when, in the judgment of the President, no more of the land herein ceded can be disposed of at said price, he may by proclamation, to be repeated at his discretion, sell from time to time the remaining land subject to the provisions of the homestead law or otherwise as he may deem most advantageous, at such price or prices, in such manner, upon such conditions, with such restrictions, and upon such terms as he may deem best for all the interests concerned. Sec. 6. That the proceeds received from the sale of said lands in con- formity with this Act shall be paid into the Treasury of the United States, and paid to the Crow Indians or expended on their account only as provided in article two of said agreement as herein amended. No lands in sections sixteen and thirty-six now occupied, as set forth in article three of the agreement herein ratified, or withdrawn for irrigation under the provisions of said Reclamation Act, shall be reserved for school pur- poses, but the State o Montana shall be entitled to indemnity for any lands so occupied; and the Governor of said State, with the approval of the Secre- tary of the Interior, is hereby authorized in the tract herein ceded to locate other lands not occupied or withdrawn, which shall be paid for by the United States, as herein provided, in quantity equal to the loss, and such selections shall be made prior to the opening of such lands to settlement, but no selec- tions shall be made by the State of the lands herein ceded except to compensate for losses occurring therein. Sec. 7. That there is hereby appropriated, out of any money in the Treasury not otherwise appropriated, the sum of ninety thousand dollars, or so much thereof as may be necessary, to pay the said Indians, at the rate of one dollar and twenty-five cents per acre, fo'r the lands granted to the State of Montana, as provided in section five of this Act. Sec. 8. That nothing in this Act contained shall in any manner bind the United States to purchase any portion of the land herein described, except sections sixteen and thirty-six or the equivalent in each township, or to dis- pose of said land except as provided herein, or to guarantee to find purchasers for said lands or any portion thereof, it being the intention of this Act that the United States shall act as trustee for said Indians to dispose of said lands and 600 to expend and pay over the proceeds received from the sale thereof only as received, as herein provided. Approved, April 27, 1904. TABLE OF OVERRULED AND MODIFIED CASES. Cases marked * are now in authority. Alaska Copper Company (32 L. D., 128) ; overruled in court, 37 L. D., 674. Aldrich v. Anderson (2 L. D., 71) ; overruled, 15 L. D., 201. Americus v. Hall (29 L. D., 677) ; vacated, 30 L. D., 388. Amidon v. Hegdale (39 L. D., 131); overruled, 40 L. D., 259. *Anderson, Andrew et al. (1 L. D., 1); overruled, 34 L. D., 606. (See 36 L. D., 14.) Anderson v. Tannehill et al. (10 L. D., 388) ; overruled, 18 L. D., 586. Atlantic & Pacific E-. R. Co. (5 L. D., 259) ; overruled, 27 L. D., 241. *Auerbaeh, Samuel H., et al. (29 L. D., 208); overruled, 36 L. D., 36 (see 37 L. D., 715). Baca Float No. Three (5 Li D., 705; 12 L. D., 676; 13 L. D., 624); vacated 29 L. D., 44. Bailey, John W., et al. (3 L. D., 386) ; modified 5 L. D., 513. ' *Baker v. Hurst (7 L. D., 457), overruled 8 L. D., 110 (see 9 L. D., 360). Barbour v. Wilson et al. (23 L. D., 462) ; vacated 28 L. D., 62. Barbut, James (9 L. D., 514) ; overruled, 29 L. D., 698. ! Barlow, S. L. M. (5 L. D., 695) ; modified, 6 L. D., 648. Bartch v. Kennedy (3 L. D., 437) ; modified, 6 L. D., 217. Bennett, Peter W. (6 L. D., 672); overruled, 29 L. D., 565. Bivins v. Shelley (2 L. D., 282) ; modified, 4 L. D., 583. *Black, L. C. (3 L. D., 101); overruled, 34 L. D., 606 (see 36 L. D., 14). Blenkner v. Sloggy (2 L. D., 267) ; modified, 6 L. D., 217. Bradford, A. L. (31 L. D., 132) ; overruled, 35 L. D., 399. Bosch, Gottlieb (8 L. D., 45) ; overruled, 13 L. D., 43. Box v. TJlstein (3 L. D., 143); modified, 6 L. D., 217. Bradstreet et al. v. Rhem (21 L. D., 30) ; reversed, id 544. Brady v. Southern Pacific Railroad Co. (5 L. D., 407, 658); overruled 20 L. D., 259. Brick Pomeroy Millsite (34 L. D., 320); overruled, 37 L. D., 674. *Brown, Joseph T. (21 L.D.,47); overruled, 31 L. D., 222 (see 35 L. D., 399). Brown v. Cagle (30 L. D., 8) ; vacated 30 L. D., 148. Bundy v. Livingston (1 L. D., 152) ; overruled, 6 L. D., 284. Burkholder v. Skagen (4 L. D., 166) ; overruled, 9 L. D., 153. Buttery v. Sprout (2 L. D., 293) ; overruled, 5 L. D., 591. x - Cagle v. Mendenhall (20 L. D., 447); overruled, 23 L. D., 533. Cain et al. v. Addenda Mining Co. (24 L. D., 18); vacated, 29 L. D., 62. California & Oregon Land Co. (21 L. D., 344); overruled, 26 L. D., 453. California, State of (14 L. D., 253) ; vacated, 23 L. D., 230. California, State of (19 L. D., 585); vacated, 28 L. D., 57. _> California, State of (15 L. D., 10) ; overruled, 23 L. D., 423. California, State of (22 L. D., 428) ; overruled, 32 L. D., 34. California, State of, v. Moccettiui (19 L. D., 359); overruled, 31 L. D., 335. California, State of, v. Pierce (9 C. L. O., 118) ; modified, 2 L. D., 854. California, State of, v. Smith (5 L. D., 543); overruled, 18 L. D., 343. Call v. Swaim (3 L. D., 46) ; overruled, 18 L. D., 373. Cameron Lode (13 L. D., 369) ; overruled, 25 L. D., 518. Camplan v. Northern Pacific R. R. Co. (28 L. D., 118) ; overruled, 29 L. D., 550. Case v. Church (17 L. D., 578) ; overruled, 26 L. D., 453. Castello v. Bonnie (20 L. D., 311) ; overruled, 22 L. D., 174. Cawood v. Dumas (22 L. D., 585); vacated, 25 L. D., 526. Central Pacific R. R. Co. v. Orr (2 L. D., 525) ; overruled, 11 L. D. 445. Chappell v. Clark (27 L. D., 334); modified, 27 L. D., 532. Childress et al. v. Smith (15 L. D., 89) ; overruled, 26 L. D., 453. Christofferson, Peter (3 L. D., 329) ; modified, 6 L. D., 284 and 624. Claflin v. Thompson (28 L. D., 279); overruled, 29 L. D., 693. Cochran v. Dwyer (9 L. D., 478) ; see 39 L. D., 162, 225. Colorado, State of (7 L. D., 490); overruled, 9 L. D., 408. Cook, Thomas C. (10 L. D., 324) ; see 39 L. D., 162, 225. Cooper, John W. (15 L. D., 285); overruled, 25 L. D., 113. 601 Copper, Bullion and Morning Star Lode Mining Claims (35 L. D., 27); see 39 L. D., 574. Corlis v. Northern Pacific K. E. Co. (23 L. D., 265) ; vacated, 26 L. D., 652. Cornell v. Chilton (1 L. D., 153) ; overruled, 6 L. D., 483. Cowles v. Huff (24 L. D., 81); modified, 28 L. D., 515. Cox, L. & H. (30 L. D., 90, 468); vacated, 31 L. D., 114. Crowston v. Seal (5 L. D., 213); overruled, 18 L. D., 586. Culligan v. State of Minnesota (24 L. D., 22); modified, 34 L. D., 151. Dakota Central R. R. Co. v. Downey (8 L. D., 115) ; modified, 20 L. D., 131. Dennison & Willits (11 C. L. O., 261); overruled, 26 L. D., 123. Devoe, Lizzie A. (5 L. D., 4) ; modified, 5 L. D., 429. Dickey, Ella I. (22 L. D., 351); overruled, 32 L. D., 331. Dowman v. Moss (19 L. D., 526) ; overruled, 25 L. D., 82. Dudymott v. Kansas Pacific R.iR. Co. (5 C. L. O., 69) ; overruled, 1 L. D., 345. Dunphy, Elijah M. (8 L. D., 102); overruled, 36 L. D., 561. Dysart, Francis J. (23 L. D., 282); modified, 25 L. D., 188. Easton, Francis E. (25 L. D., 600) ; overruled 30 L. D., 355. /*Elliott v. Ryan (7 L. D., 322); overruled, 8 L. D., 110 (see 9 L. D., 360). Emblem v. Weed (16 L. D., 28); overruled, 17 L. D., 220. Epley v. Trick (8 L. D., 110); overruled, 9 L. D., 360. Erhardt, Finsans (36 L. D., 154); overruled, 38 L. D., 406. Ewing v. Rockard (1 L. D., 146) ; overruled, 6 L. D., 483. El Paso Brick Co. (37 L. D., 155) ; overruled, 40 L. D., 199. /-Falconer v. Price (19 L. D., 167); overruled, 24 L. D., 264. Farrell et al. v. Hoge et al. (18 L. D., 81); overruled, 25 L. D., 351. Fette v. Christiansen (29 L. D., 710); overruled, 34 L. D., 167. 'Fish, Mary (10 L. D., 606) ; modified, 13 L. D., 511. Fitch v. Sioux City & Pacific R. R. Co. (216 L. and R., 184); overruled, 17 L. D., 43. Fruit, Price (36 L. D., 486) ; distinguished, 40 L. D., 188. /Fleming v. Bowe (13 L. D., 78); overruled, 23 L. D., 175. /Florida Mesa Ditch Co. (14 L. D., 265); overruled, 27 L. D., 421. Florida R. R. & Navigation Co. v. Miller (3 L. D., 324) ; modified, 6 L. D 1 ., 716; overruled, 9 L. D., 237. Florida, State of (17 L. D., 355); reversed, 19 L. D., 76. Forgeot, Margarite (7 L. D., 280); overruled, 10 L. D., 629. Fort Boise, Hay Reservation (6 L. D., 16); overruled, 27 L. D., 505. Freeman v. Texas Pacific R. R. Co. (2 L. D., 550) ; overruled 7 L. D., 18- Galliher, Marie (8 C. L. O., 57) ; overruled, 1 L. D., 17. Gariss v. Borin (21 L. D., 542); see 39 L. D., 162, 225. Garrett, Joshua (2 C. L. O., 1005) ; overruled, 5 L. D., 158. Gates v. California & Oregon R. R. Co. (5 C. L. O., 150); overruled, 1 L. D., 336. Gauger, Henry (10 L. D., 221); overruled, 24 L. D., 81. Gohrman v. Ford (8 C. L. O., 6) ; overruled, 4 L. D., 580. Golden Chief "A" Placer Claim (35 L. D., 557); modified, 37 L. D., 250. Goldstein v. Juneau Townsite (23 L. D., 417) ; vacated, 31 L. D., 88. Gotebo Towusite v. Jones (35 L. D., 18); modified, 37 L. D., 560. Gowdy v. Gilbert (19 L. D., 17); overruled, 26 L. D., 453. Gowdy v. Connell (27 L. D., 56) ; vacated, 28 L. D., 240. Gowdy et al. v. Kismet Gold Mining Co. (22 L. D., 624); modified 24 L. D., 191. Grampian Lode (1 L. D., 544); overruled, 25 L. D., 495. Gregg et al. v. State of Colorado (15 L. D., 151); modified, 30 L. D., 310. Grinnell v. Southern Pacific R. R. Co. (22 L. D., 438) ; vacated, 23 L. D., 429. Groundhog Lode v. Parole & Morning Star Lodes (8 L. D., 430) ; ovemued, 34 L. D., 568. Gulf & Ship Island R. R. Co. (6 L. D., 236) ; modified, 19 L. D., 534. Hansbrongh, Henry C. (5 L. D., 155) ; overruled, 29 L. D., 59. Hardee, D. C. (7 L. D., 1); overruled, 29 L. D., 698. Hardee v. United States (8 L. D., 391; 16 L. D., 499); overruled, 29 L. D., 698. Hardin, James A. (10 L. D., 313) ; revoked, 14 L. D., 233. Harris, James G. (28 L. D., 90) ; overruled, 39 L. D., 93. Harrison, Luther (4 L. D., 179) ; overruled, 17 L. D., 216. Harrison, W. R. (19 L. D., 299); overruled, 33 L. D. 539. Hastings & Dakota Ry. Co. v. Christenson et al. (22 L. D., 257); over- ruled, 28 L. D., 572. 602 Hayden v. Jamison (24 L. D., 403); vacated, 26 L. D., 317. Heilman v. Syverson (15 L. D., 184); overruled, 23 L. D., 119. Heinzman et al. v. Letroadec 's Heirs et al. (28 L. D., 498) ; overruled, 38 L. D., 253. Hennig, Nellie J. (38 L. D., 443, 445) ; recalled and vacated, 39 L. D., 211. Herrick, Wallace H. (24 L. D., 23); overruled, 25 L. D., 113. Hickey, M. A., et al. (3 L. D., 83) ; modified, 5 L. D., 256. Holden, Thomas A. (16 L. D., 493); overruled, 29, L. D., 156. Holland, G. W. (5 L. D., 20); overruled, 6 L. D., 639; 12 L. D., 436. Hooper, Henry (6 L. D., 624) ; modified, 9 L. D., 86, 284. Howard (3 L. IX, 409) ; see 39 L. D., 162, 225. Howard v. Northern Pacific E. E. Co. (23 L. D., 6); overruled, 28 L. D., 126. Howell, John H. (24 L. D., 35) ; overruled, 28 L. D., 204. Howell, L. C. (39 L. D., 93) ; see 39 L. D., 411. /Hull et al. v. Ingle (24 L. D., 214); overruled, 30 L. D., 258. Huls, Clara (9 L. D., 401); modified, 21 L. D., 377. Hyde, F. A., et al. (37 L. D., 472) ; vacated, 28 L. D., 284. j Hyde et al. v. Warren et al. (14 L. D., f-ej}); see 19 L. D., 64. Inman v. Northern Pacific B. E. Co. (24 L.^0^18) ; overruled, 28 L. D., 95. Iowa Eailroad Land Co. (23 L. D., 79; 24 L. D., 125); vacated 29, L. D., 79. Jacks v. Belard et al. (29 L. D., 369) ; vacated, 30 L. D., 345. Jones, James A. (3 L. D., 176) ; overruled, 8 L. D., 448. Jones v. Kennett (6 L. D., 688); overruled, 14 L. D., 429. Kackmann, Peter (1 L. D., 86) ; overruled, 16 L. D., 464. Kemper v. St. Paul and Pacific E. E. Co. (2 C. L. L., 805); overruled, 18 L. D., 101. King v. Eastern Oregon Land Co. (23 L. D., 579); modified, 30 L. D., 19. Kinsinger v. Peck (11 L. D., 203); see 39 L. D., 162, 225. Kiserv Keech (7 L. D., 25); overruled, 23 L. D., 119. Knight, Albert P. et al. (30 L. D., 227); overruled, 31 L. D., 64. Kniskernv Hastings and Dakota Ey Co. (6 C. L. O.. 50) overruled, 1 L. D., 362. /Krigbaum, James T. (12 L. D., 617) ; overruled, 26 L. D., 448. Lackawanna Placer Claim (36 L. D., 36) ; overruled, 37 L. D., 715. Lamb v. Ullery (10 L. D., 528) ; overruled, 32 L. D., 331. Lasselle v. Missouri, Kansas & Texas Ey. Co. (3 C. L. O., 10) ; overruled, 14 L. D., 278. Las Vegas Grant (13 L. D., 646; 15 L. D., 58); revoked, 27 L. D., 683. Laughlan v. Martin (18 L. D., 112); modified, 21 L. D., 40. Lemmons, Lawson H. (19 L. D., 37); overruled, 26 L. D., 381. Leonard, Sarah (1 L. D., 41); overruled, 16 L. D., 464. Lindberg, Anna C. (3 L. D., 95); modified, 4 L. D., 299. Linderman v. Wait (6 L. D., 689) ; overruled, 13 L. D., 459. Little Pet Lode (4 L. D., 17) ; overruled, 25 L. D., 550. Lock Lode (6 L. D., 105) ; overruled, 26 L. D., 123. Lockwood, Francis A. (20 L. D., 361); modified, 21 L. D., 200. Lonergan v. Shockley (33 L. D., 238) ; overruled, 34 L. D., 314; 36 L. D., 199. Louisiana, State of (8 L. D., 126) ; modified, 9 L. D., 157. Louisiana, State of (24 L. D., 231); vacated, 26 L. D., 5. Lucy B. Hussey Lode (5 L. D., 93) ; overruled", 25 L. D., 495. Lutton, James W. (34 L. D., 468) ; overruled, 35 L. D., 102. Lynch, Patrick (7 L. D., 33) ; overruled, 13 L. D., 713. Madigan, Thomas (8 L. D., 188) ; overruled, 27 L. D., 448. Maginnis, Charles P. (31 L. D., 222) ; overruled, 35 L. D., 399. Makemsom v. Sniders' Heirs (22 L. D., 511); overruled, 32 L. D., 650. Mason v. Cromwell (24 L. D., 248) ; vacated, 26 L. D., 369. Masten, E. C. (22 L. D., 337) ; overruled, 25 L. D., 111. Mather et al. v. Hackley's Heirs (15 L. D., 487) ; vacated, 19 L. D., 48. Maughan, George W. (1 L. D., 25) ; overruled, 7 L. D., 94. Mctalla v. Acker (29 L. D., 203) ; vacated, 30 L. D., 277. McDonald, Eoy, et al. (34 L. D., 21) ; overruled, 37 L. D., 285. McDonogh School Fund (11 L. D., 378); overruled, 30 L. D., 616; (see 35 L. D., 399). McFadden et al. v. Mountain View Mining & Milling Co. (26 L. D., 530) ; vacated, 27 L. D., 358. McGee, Edward D. (17 L. D., 285); overruled, 29 L. D., 166. McGrann, Owen (5 L. D., 10) ; overruled, 24 L. D., 502. 603 McGregor, Carl (37 L. D., 693); overruled, 38 L. D., 148. McKernan v. Bailey (16 L. D., 368); overruled, 17 L. D., 494. McKitrick Oil Co. v. Southern Pacific E. B. Co. (37 L. D., 243); overruled in part. s McNamara et al. v. State of California (17 L. D., 296); overruled, 22 L. D., 666. McPeek v. Sullivan et al. (25 L. D., 28) ; overruled, 36 L. D., 26. Mercer v. Buford Townsite (35 L. D., 119) ; overruled, 35 L. D., 649. Meyer, Peter (6 L. D., 639) ; modified, 12 L. D., 436. Meyer v. Brown (15 L. D., 307) ; see 39 L. D., 162, 225. y Miller v. Sebastian (19 L. D., 288); overruled, 26 L. D., 448. Milton et al. v. Lamb (22 L. D., 339) ; overruled, 25 L. D., 550. Milwaukee, Lake Shore & Western By. Co. (12 L. D., 79); overruled, 29 L. D., 112. Miner v. Mariott et al. (2 L. D., 709) ; modified, 28 L. D., 224. Milner & North Side B. B. Co. (36 L. D., 488); overruled, 40 L. D., 187. Monitor Lode (18 L. D., 358) ; overruled, 25 L. D., 495. Moore, Charles H. (16 L. D., 204); overruled, 27 L. D., 482. Morgan v. Craig (10 C. L. O., 234); overruled, 5 L. D., 303. Morgan v. Bowland (37 L. D., 90) ; overruled, 37 L. D., 618. Moritz v. Hinz (36 L. D., 450) ; vacated, 37 L. D., 382. Morrison, Charles S. (36 L. D., 126) ; modified, 36 L. D., 319. Morrow et al. v. State of Oregon et al. (32 L. D., 54); modified, 33 L. D., 101. Mountain Chief Nos. 8 and 9 Lode Plains (36 L. D., 100) ; overruled in part, 36 L. D., 551. Muller, Esperene K. (39 L. D., 72); modified, 39 L. D., 360. Nebraska, State of (18 L. D., 124) ; overruled, 28 L. D., 358. Nebraska, State of, v. D-orrington (2 C. L. L., 647) ; overruled, 26 L. D., 123. Neilsen v. Central Pacific B. B. Co. et al. (26 L. D., 252); modified, 30 L. D., 216. Newbanks v. Thompson (22 L. D., 490) ; overruled, 29 L. D., 108. Newton, Walter (22 L. D., 322); modified, 25 L. D., 188. New York Lode & Mill Site (5 L. D., 513) ; overruled, 27 L. D., 373. Northern Pacific B. E. Co. (20 L. D., 191); modified, 22 L. D., 224; over- ruled, 29 L. D., 550. Northern Pacific B. E. Co. v. Bowman (7 L. D., 238); modified, 18 L. D., 224. Northern Pacific E. E. Co. v. Burns (6 L. !>., 21) ; overruled, 20 L. D., 191. Northern Pacific B. E. Co. v. Loomis (21 L. D., 395) ; overruled, 27 L. D., 464. Northern Pacific E. B. Co. v. Marshall et al. (17 L. D., 545); overruled, 28 L. D., 174. /Northern Pacific B. B. Co. v. Miller (7 L. D., 100) ; overruled, 16 L. D., 229. Northern Pacific E. E. Co. v. Sherwood (28 L. D., 126); overruled, 29 L. D., 550. Northern Pacific B. B. Co. v. Symons (22 L. D., 686) ; overruled, 28 L. D., 105. Northern Pacific B. E. Co. v. TJrquhart (8 L. D., 365) ; overruled, 28 L. D., 126. Northern Pacific B. B. Co. v. Yantis (8 L. D., 58) ; overruled, 12 L. D., 127. Nyman v. St. Paul, Minneapolis & Manitoba By. Co. (5 L. D., 396); over- ruled, 6 L'. D., 750. O'Donnell, Thos. J. (28 L. D., 214); overruled, 35 L. D., 411. Olson v. Traver et al. (26 L. IX, 350, 628); overruled, 29 L. D., 480; 30 L. D., 382. Opinion, A. A. G. (35 L. D., 277) ; vacated, 36 L. D., 342. Oregon Central Military Wagon Boad Co. v. Hart (17 L. D., 480); over- ruled, 18 L. D., 543. Owens et al. v. State of California (22 L. D., 369) ; overruled, 38 L. D., 253. Pacific Slope Lode (12 L. D., 686); overruled, 25 L. D., 518. Papini v. Alderson (1 B. L. P., 91); modified, 5 L. D., 256. Paterson, Charles E. (3 L. D., 260); modified, 6 L. D., 284, 624. Paul Jones Lode (28 L. D., 120) ; modified, 31 L. D., 359. Paul v. Wiseman (21 L. D., 12) ; overruled, 27 L. D., 522. Pecos Irrigation & Improvement Co. (15 L. D., 470); overruled, 18 L. D., 168, 268. 604 Phelps, W. L. (8 C. L. O., 139) ; overruled, 2 L. D., 854. Phillips, Alonzo (2 L. D., 321) ; overruled, 15 L. D., 424. Phillips v. Breazeale's Heirs (19 L. D., 573); overruled, 29 L. D., 93. Pietkiewicz et al. v. Kichman (29 L. D., 195) ; overruled, 37 L. D., 145. Pieke's Peak Lode (14 L. D., 47); overruled, 20 L. D., 204. Popple, James (12 L. D., 433) ; overruled, 13 L. D., 588. Powell, D. C. (6 L. D., 302) ; modified, 15 L. D., 477. Premo, George (9 L. D., 70) ; see 39 L. D., 162, 225. Pringle, Westley (13 L. D., 519) ; overruled, 29 L. D., 599. Provensal, Victor H. (30 L. D., 616) ; overruled, 35 L. D., 399. Prue, Widow of Emanuel (6 L. D., 436) ; vacated, 33 L. IX, 409. / Puyallup, Allotments (20 L. D., 157); modified, 29 L. D., 628. Rancho, Alisal (1 L. D., 173) ; overruled, 5 L. D., 320. Eankin, James D., et al. (7 L. D., 411); overruled, 35 L. D., 32. Eankin, John M. (20 L. D., 272) ; reversed, 21 L. D., 404. /*Reed v. Buffington (7 L. D., 154); overruled, 8 L. D., 110; (see 9 L. IX, 360). Rialto, No. 2, to Placer Mining Claim (34 L. D., 44); overruled, 37 L. D., 250. Rico Townsite (1 L. D., 556); modified, 5 L. D., 256. Roberts v. Oregon Central Military Road Co. (19 L. D., 591); overruled, 31 L. D., 174. Robinson, Stella G. (12 L. D., 443); overruled, 30 L. D., 1. Rogers, Horace B. (10 L. D., 29); overruled, 14 L. D., 321. Rogers v. Atlantic & Pacific R. R. Co. (6 L. D., 565) ; overruled, 8 L. IX, 165. J * Rogers v. Lukens (6 L. D., Ill); overruled, 8 L. D., 110; (see 9 L. D., 360). Salsberry, Carroll (17 L. D., 170) ; overruled, 39 L. D., 93. Satisfaction, Extension Mill Site (14 L. D., 173) ; see Alaska Copper Co., 32 L. D., 128. Sayles, Henry P. (2 L. D., 88) ; modified, 6 L. D., 797. Schweitzer v. Hillard (19 L. D., 294); overruled, 26 L. !>., 639. Seriano v. Southern Pacific R. R. Co. (6 C. L. O., 93); overruled, 1 L. D., 380. Shanley v. Moran (1 L. D., 162) ; overruled, 15 L. D., 424. Shineberger, Joseph (8 L. D., 321) ; overruled, 9 L. D., 202. Simpson, Lawrence W. (35 L. D., 399, 609) ; modified, 36 L. D., 205. Sipchen v. Ross (1 L. D., 634) ; modified, 4 L. D., 152. Smead v. Southern Pacific R. R. Co. (21 L. D., 432) ; vacated, 29 L. D., 135. Southern Pacific R. R. Co. (15 L. D., 460); reversed, 18 L. D., 275. Southern Pacific R. R. Co. (28 L. D., 281); recalled, 32 L. D., 51. Southern Pacific R. R. Co. (33 L. D., 89) ; recalled, 33 L. D., 528. Southern Pacific R. R. Co. v. Burns (31 L. D., 272) ; vacated, 37 L. D., 243. Spaulding v. Northern Pacific R. R. Co. (21 L. IX, 57) ; overruled, 31 L. D., 151. Spencer, James (6 L. D., 217); modified, 6 L. D., 772; 8 L. D., 467. State of California (14 L. IX, 253); vacated, 23 L. D., 230. ^ State of California (15 L. D., 10); overruled, 23 L. D., 423. State of California (19 L. D., 585); vacated, 28 L. D., 57. State of California (22 L. D., 428); overruled, 32 L. D., 34. State of California v. Moccettini (19 L. D., 359) ; overruled, 31 L. D., 335. State of California v. Pierce (3 C. L. O., 118) ; modified, 2 L. D., 854. ^ State of California v. Smith (5 L. D., 543) ; overruled, 18 L. D., 343. State of Florida (17 L. D., 355) ; reversed, 19 L. D., 76. State of Colorado (7 L. IX, 490) ; overruled, 9 L. D., 408. State of Louisiana (8 L. D., 126) ; modified, 9 L. D., 157. State of Louisiana (24 L. D., 231) ; vacated, 26 L. D., 5. V State of Nebraska (18 L. D., 124) overruled, 28 L. D., 358. State of Nebraska v. Dorrington (2 C. L. L., 647) ; overruled, 26 L. D., 122. Stewart et al. v. Rees et al. (21 L. D., 446) overruled, 29 L. D., 401. *St. Paul, Minneapolis & Manitoba Ry. Co. (8 L. D., 255); modified, 13 L. D., 354; (see 32 L. IX, 21). St. Paul M. & M. By. Co. v. Hagen (20 L. D., 249) ; overruled, 25 L. D., 86. St. Paul M. & M. Ry. Co. v. Fogelberg (29 L. D., 291) ; vacated, 30 L. D., 191. J Strieker, Lizzie (15 L. D., 74); overruled, 18 L. D., 283. Sweeney v. Northern Pacific R. R. Co. (20 L. D., 394) ; overruled, 28 L. D., 174. Sweeten v. Stevenson (3 L. D., 249) ; overruled, 3 L. D., 248. 605 < Taft v. Chapin (14 L. D., 593); overruled, 17 L. D., 414. Talkington's Heirs v. Hempfling (2 L. D., 46); overruled, 14 L. IX, 200. Tate, Sarah J. (10 L. D., 469); overruled, 21 L. D., 211. Taylor v. Yeats et al (8 L. D., 279) ; reversed, 10 L. D., 242. * Teller, John C. (26 L. D., 484); overruled, 36 L. D., 36; (see 37 L. D., 715). Traugh v. Ernst (2 L. D., 212) ; overruled, 3 L. D., 98. Tripp v. Stewart (7 C. L. O., 39) ; modified, 6 L. D., 795. * Tripp et al. v. Dunphy (28 L. D., 14); overruled, 40 L. D., 128. Tucker v. Florida Ey. & Nav. Co. (19 L. D., 414) ; overruled, 25 L. D., 233. Tupper v. Schwartz (2 L. D., 623) ; overruled, 6 L. D., 623. Turner & Lang (1 C. L. O., 51) ; modified, 5 L. D., 256. Turner v. Cartwright (17 L. D., 414); modified, 21 L. D., 40. Tyler, Charles (26 L. D., 699) ; overruled, 35 L. D., 411. Ulin v. Colby (24 L. D., 311); overruled, 35 L. D., 549. Union Pacific B. E. Co. (33 L. D., 89); recalled, 33 L. D., 528. rUnited States v. Bush (13 L. D., 529) ; overruled, 18 L. D., 441. United States v. Dana (18 L. D., 161) ; modified, 28 L. D., 45. v/Vine, James (14 L. D., 5*>x modified, 14 L. D., 662. Vradenbirg's Heirs et al? Orr et al. (25 L. D., 323) ; overruled, L. D., 253. Walker v. Brosser (17 L. D., 85); reversed, 18 L. D., 425. Walker v. Southern Pacific E. E. Co. (24 L. D., 172); overruled, 28 L. D., 174. I/Walters, David (15 L. D., 136); revoked, 24 L. D., 58. Wasmund v. Northern Pacific E. E. Co. (23 L. D., 445) ; vacated, 29 L. D., 224. Waterhouse, William W. (9 L. D., 131) ; overruled, 18 L. D., 586. Watson, Thomas E. (4 L. D., 169) ; modified, 6 L. D., 71. Weber, Peter (7 L. D., 476); overruled, 9 L. D., 150. Werden v. Schlecht (20 L. D., 523) ; overruled, 24 L. D., 45. Wheaton v. Wallace (24 L. D., 100) 'modified, 34 L. D., 383. Wickstrom v. Calkins (20 L. D., 459); modified, 21 L. D., 553; overruled, 22 L. D., 392. Widow of Emanuel Prue (6 L. D., 436) ; vacated, 33 L. D., 409. Wiley, George P. (36 L. D., 305) ; modified, 36 L. D., 417. Wilkins, Benjamin C. (2 L. D., 129; modified, 6 L. D., 797. Willamette Valley & Cascade Mountain Wagon Eoad Co. v. Bruner (22 L. D., 654) ; vacated, 26 L. D., 357. Willamette Valley & Cascade Mountain Wagon Eoad Co. v. Chapman (13 L. D., 61) ; overruled, 20 L. D., 259. Willingbeck, Christian P. (3 L. D., 383) ; modified, 5 L. D., 409. Willis, Eliza (22 L. D., 426) ; overruled, 26 L. D., 436. REGULATIONS GOVERNING USE OF VACANT CEDED INDIAN LANDS. To Officers in Charge of Indian Reservations and Registers and Receivers of United States Land Offices. Department of the Interior, Washington, D. C., July 25, 1902. Gentlemen : Regarding the question of jurisdiction over Indian lands after they have been opened for settlement and entry, under date of November 27, 1911, the First Assistant Secretary of the Interior addressed the Commissioner of Indian Affairs as follows : JUEISDICTION OVEE EELIXQUISHED INDIAN LANDS. November 27, 1911. The Commissioner of Indian Affairs. Sir: You have submitted the question of jurisdiction over lands within Indian reservations after they have been opened to settlement and entry. The question is perhaps not one so much of jurisdiction as one involving the rights of the Indians to the use and benefit of the lands after provision has been made extinguishing the Indian claim and making disposition of the lands. You note that such lands may be divided generally into two classes: (1) Those which 606 the United States has purchased from the Indians and paid for, the Indian claim thereto being thus completely extinguished; and (2) those which the United States agrees to dispose of for the benefit of the Indians, without, however, becoming bound to purchase the lands, whereby the claim of the Indians remains unextin- guished until the lands are finally sold. The department agrees with you that as to the first class the Indians have no further concern and that after the cession such lands are properly under the juris- diction of the General Land Office. The department also agrees with you that the Indians are rightfully entitled to the use and benefit of the lands coming within the second class until they shall have been finally disposed of, with the condition, however, that the use thereof shall in nowise interfere with the speedy sale or other disposition provided by law. There should be no difficulty in properly handling such cases through joint coopera- tion between your office and the General Land Office. There can be no objection to permitting the use of such lands by the Indians or for grazing purposes for the benefit of- the Indians, provided always that such use is so controlled as to not interfere with the settlement or sale of the lands. You will in all such cases confer with the General Land Office, with a view of adopting such rules and regula- tions as may be necessary to secure to the Indians any income that may be prop- erly derived from the lands and at the same time to secure their early sale or settlement, as the law may direct. In respect to the Bound Valley Indian Eeservation in California, specifically referred to by you, the act of October 1, 1890 (26 Stat., 658), provides for the survey and allotment of the agricultural lands to the Indians in severalty, for the reservation of a reasonable amount of grazing and timber lands, and for the survey of the remainder of grazing and timber lands into tracts of 640 acres, and the sale of the same, the proceeds thereof, after paying the expenses, to be placed in the Treasury of the United States to the credit of the Indians. The act of February 8, 1905 (33 St*t., 706), directed that all the lands relin- quished from the Eound Valley Indian Keservation under the act of October 1, 1890, supra, should be surveyed, reappraised, and thereafter be subject to settle- ment and entry under the provisions of the homestead laws of the United States, and that all the lands thus opened to settlement remaining undisposed of at the expiration of five years from the taking effect of the act might be sold and dis- posed of for cash, the proceeds to be disposed of as provided in the act of 1890. Under these provisions of law this reservation clearly falls within the second class, and the Indians are entitled to possession of the lands until the same shall have been settled upon, entered, or sold. You will immediately confer with the General Land Office, with a view to entering into an arrangement along the lines suggested herein. A copy of this letter will be sent to the Commissioner of the General Land Office for his information and guidance. Very respectfully, Samuel Adams, First Assistant Secretary. To put into effect the foregoing rulings of the department and to provide for concurrent supervision over the lands involved, wherever situated, for the protection and benefit of the Indian owners and protection of prospective settlers, the following instruc- tions are issued: 1. Up to date of entry, sale, or settlement, the lands in class 2 shall be under the jurisdiction of the Bureau of Indian Affairs and under the immediate supervision of the officer in charge of the Indian reservation where the lands are situate. 2. The officer in charge of the Indian reservation will prepare permits for grazing purposes in favor of responsible persons on the form approved by the department September 1, 1911 (5-175a), to which shall be- added the following : It is understood and agreed by the permittee that he will place no improve- ments upon the lands covered by this permit without first securing the written consent of the officer in charge of the reservation, and all fences and other im- provements which he shall place upon the lands shall remain thereon at the expiration of the permit and become the absolute property of the equitable owner of the soil. It is also understood and agreed by the permittee that from and after the 607 date of any bona fide settlement, sale, or entry of the lands covered by this permit, or any part thereof, this permit becomes void as to the lands so affected, and the permittee agrees and hereby stipulates that he will not interfere with or in any manner attempt to prevent any person from making settlement, filing, or entry upon any of the lands included in this permit. The penalty for violating the foregoing conditions and stipulations will be the summary revocation of the permit. 3. No permit shall be issued for a longer period than one year, and all permits shall be subject to the approval of the Secretary of the Interior. 4. Before executing a permit in favor of any person the officer in charge of the reservation will first ascertain from the land office of the district in which the lands are situated if said lands are applied for or are included in any entry of record. And thereafter, upon the execution of a permit, he will furnish the said land office with a description of the lands, the name of the permittee, and length of term, the same to be posted in the land office for the information of the public. Any and all permits executed under these instructions shall be subject and subordinate to any valid settlement made or main- tained under the public-land laws. 5. The officer in charge of the reservation is charged with the duty of preventing all trespassing on lands in class 2, the collection of trespass fees, and the prosecution of trespassers as provided by law. 6. After date of entry, sale, or settlement the lands in class 2 shall be under the jurisdiction of the General Land Office, and any permit in effect at such date shall cease and determine, and if occupied by any Indian such Indian's right of occupancy shall cease. 7. It shall be the duty of the local land officers to furnish the officer in charge of all Indian reservations within their jurisdiction monthly lists of all applications for entry or purchase, as well as all relinquishments filed, embracing lands in class 2, and to furnish also information when requested as to particularly described tracts. Approved : F. H. Abbott, Assistant Commissioner of Indian Affairs. Approved July 25, 1912: S. V. Proudfit, Assistant Commissioner of the General Land Office. Approved July 25, 1912: Samuel Adams, First Assistant Secretary. 608 MISCELLANEOUS MATTERS. IMPORTANT SUGGESTIONS CONTESTS. Applications to Contest. In cases where the entryman is dead, the application should con- tain a statement of the death of the entryman, as well as any viola- tion of law or departmental regulation, which renders the land subject to contest. Service. Personal service should be made when possible, and every dili- gence should be exercised to locate the defendant. In cases of death of entryman, service should be made on all the known heirs. If the heirs are not known, service must be ob- tained by publication. All notices of contest should be prepared ready for the signature of the Register or Receiver, or both, when the contest is filed. Where the heirs of deceased entryman are not known, publica- tion of notice of contest should be made, but where the heirs are known, all the known heirs should receive personal notice of the contest. Where service is made on all known heirs, publication has not been required, even though there may be other heirs. 609 Desert Entries. Application to make desert entries should be accompanied with a map, plat, or diagram, showing the streams from water is to be taken, and the plan or method by which the land is to be reclaimed from desert to agriculture in character. Yearly Proof. Third yearly proofs must be submitted with a map, plat, or diagram, showing the reclamation plan finally adopted. Final proof must be accompanied with a map, plat, or diagram, showing the character and extent of the improvements made necessary for the reclamation of the land. Have evidence of water right ready when final desert proof is made. Oil Lands. For the act of congress approved March 2, 1911, (36 Stat. 1015), relative to oil and gas lands, and the discovery thereof, see page 459. Indian Lands. The rule of the department with reference to the transfer of town lots, will apply to the sale of Indian lands generally. See title assignments. 610 CIRCULAR NO. 128. SELECTIONS BY STATES OF LANDS WITHDRAWN, CLASSI- FIED, OR VALUABLE FOR COAL. \ Department of the Interior, General Land Office, Washington, June 14, 1912. Registers and Receivers, United States Land Offices. Sirs : Your attention is directed to the act of Congress approved April 30, 1912 (Public, No. 141), entitled "An act to supplement the act of June twenty-second, nineteen hundred and ten, entitled 'An act to provide for agricultural entries on coal lands,' " a copy of which is hereto attached. The act of June 22, 1910 (36 Stat., 583), entitled "An act to pro- vide for agricultural entries on coal lands," provided that the public lands of the United States, exclusive of Alaska, which have been withdrawn or classified as coal lands, or are valuable for coal, shall be subject to appropriate entry under the homestead laws by actual settlers only, the desert land law in tracts not exceeding 160 acres, to selection under section 4 of the act approved August 18, 1894 (28 Stat., 422), known as the Carey Act, and to withdrawal under the act approved June 17, 1902 (32 Stat., 388), known as the recla- mation act. By this act (Apr. 30, 1912), the privileges granted in certain cases, as enumerated above, by the act of June 22, 1910, supra, are extended to the several States in making selections of lands in satis- faction of grants made by Congress. It is further provided that the Secretary of the Interior may, in his discretion, dispose of any iso- lated or disconnected tracts, under the laws providing for the sale-of such tracts of public land. The conditions and reservations as pre- scribed by the former act are embodied in this act unchanged. It will be your duty to accept, subject to future approval, selec- tions, otherwise unobjectionable, presented by the several States in satisfaction of congressional grants, embracing lands withdrawn or classified as coal lands, or valuable for coal, if accompanied by a certificate or statement, in case of each application to select, of the officer or officers authorized to act for and in behalf of the State, to the effect that the application is made in accordance with, and sub- ject to, the provisions and reservations of the act of June 22, 1910 (36 Stat., 583), as supplemented by the act of April 30, 1912 (Public, No. 141). Should the State deny the existence of coal in the land sought to be selected you will proceed in accordance with existing regulations in such cases, 611 In relation to selections made by some of the States, prior to the passage of this act, of lands withdrawn or classified as coal, you are informed that the department held, under date of May 18, 1912, in such a case from Wyoming (Lander, 05040), on appeal, as follows: The tender or filing of a school-land indemnity selection by a State in lieu of lands lost by it in place constitutes a mere offer to exchange, confers no vested right upon the selector and does not prevent the taking or withholding of the land by the United States for public uses or purposes. The transaction is not complete, nor does the right of the State vest until the acceptance and approval of the offer of exchange by the Secretary of the Interior. School indemnity selections offered by States for lands classified as coal or known to be valuable for such deposits could not, prior to April 30, 1912, be accepted or approved; but these selections offered and pending at the date of passage of the act of April 30, 1912, may, in the absence of intervening adverse rights, and upon proper election filed by the States, now be allowed and accepted as of April 30, 1912, if there be no other objection. * * * Very respectfully, S. V. PROUDFIT, Assistant Commissioner. [Public No. 141.] An Act to supplement the act of June twenty-second, nineteen hundred and ten, entitled "An Act to provide for agricultural entries on coal lands." Be it enacted by the Senate and House of Eepresentatives of the United States of America in Congress assembled, That from and after the passage of this act unreserved public lands of the United States, exclusive of Alaska, which have been withdrawn or classified as coal lands or are valuable for coal shall, in addition to the classes of entries or filings described in the act of Congress approved June twenty -second, nineteen hundred and ten, entitled "An act to provide for agricultural entries on coal lands," be subject to selection by the several States within whose limits the lands are situate, under grants made by Congress, and to disposition, in the discretion of the Secretary of the Interior, under the laws providing for the sale of isolated or disconnected tracts of public lands, but there shall be a reservation to the United States of the coal in all such lands so selected or sold and of the right to prospect for, mine, and remove the same in accordance with the provisions of said act of June twenty-second, nineteen hundred and ten, and such lands shall be subject to all the conditions and limitations of said act. Approved, April 30, 1912. 612 FORMS. APPROVED AND UNAPPROVED. [4 COl.] No. . Land Office at , , 19.. 1^ , of County, , do hereby apply to purchase the Section , in Township , of Kange , contain- ing acres, according to the returns of the Surveyor-General, for which I have agree with the register to give at the rate of per acre. I, , Register of the Land Office at , do hereby certify that the lot above described contains acres, as mentioned above, and that the price agreed upon is per acre. , Eegister. [4002.] Land Warrant No Eegister and Receiver's No Military Bounty Land Act of U. S. Land "Office, , , 19.. We hereby certify that the attached Military Bounty Land Warrant ( Insert date of act.) No. was on this day received at this office, from , of County, State of , Register. , Receiver. I, , of County, State of , hereby apply to locate and do locate the quarter of Section No , in township No , of range No , in the district of lands subject to sale the Land Office at , containing acres in satisfaction of the attached warrant numbered , issued under the act of (Give date of act.) Witness my hand this day of , A. D. 190. . , Register. '. , Receiver. I request the patent to be sent to U. S. Land Office, , , 190. . We hereby certify that the above location is correct, being in accordance with law and instructions. , Receiver. , Register. 613 [4_003.] (Form approved by the Secretary of the Interior, March 25, 1909.) Department of the Interior. HOMESTEAD ENTRY. (Act February 19, 1909.) See pages 196, 210. (Utah.) [4 003a.] (Form approved by the Secretary of the Interior, December 8, 1910.) Department of the Interior. HOMESTEAD ENTRY. (Enlarged Homestead Acts, Section 6.) U. S. Land Office, Serial No Receipt No Application and Affidavit. I, . . ( ..), a resident of , do (Give full Christian name.) (Town, county and State.) (Male or female.) hereby apply to enter under Section 6 of the Act of June 17, 1910 (36 Stat., (In Utah, strike out the act of 1910 ; in Idaho, strike out the act of 1909.) 531), the Section , Township , Range , Meridian, containing acres, within the land district; and I do solemnly swear that I am not the proprietor of more than 160 acres of land in any State or Territory; that I, (Applicant must state whether native-born, naturalized, or has filed declaration of in- citizen of the United States, and tention to become a citizen. If not native born, certified copy of naturalization or am ; declaration of intention, as case may be, must be filed with this application.) (State whether the head of a family, married or unmarried, or over twenty-one years of age, and if not over twenty-one, applicant must set forth the facts which con- stitute him the head of a family.) that my post-office address is ; that this application is honestly and in good faith made for the purpose of actual cultivation, and not for the benefit of any other person, persons, or corporation; that I will faithfully and honestly endeavor to comply with all the requirements of law as to residence and cultivation necessary to acquire title to the land applied for; that I am not acting as agent of any person, corporation", or syndicate in making this entry, nor in collusion with any person, corporation, or syndicate to give them the benefit of the land entered, or any part thereof, or the timber thereon; that I do not apply to enter the same for the purpose of speculation, and that I have not directly or indirectly made, and will not make, any agreement or contract, in any way or manner, with any person or persons, corporation, or syndicate whatsoever, by which the title which I may acquire from the Government of the United States will inure in whole or in part to the benefit of any person except myself. I have not heretofore made any entry under the homestead, timber and stone, desert land, or preemption laws (except (Here describe former entry or entries by section, township, range, land district, ); and number of entry ; how perfected, or if not perfected state that fact.) that I am well acquainted 'with the character of the land herein applied for and with each and every legal subdivision thereof, having personally examined 614 same; that there is not to my knowledge within the limits thereof any vein or lodge of quartz or other rock in place bearing gold, silver, cinnabar, lead, tin, or copper, nor any deposit of coal, placer, cement, gravel, salt spring, or deposit of salt, nor other valuable mineral deposit; that no portion of said land is claimed for mining purposes under the local customers or rules of miners, or otherwise; that no portion of said land is worked for mineral during any part of the year by any person or persons; that said land is essentially nonmineral land, and that my application therefor is not made for the purpose of fraudulently obtaining title to mineral land; that the land is not occupied and improved by any Indian; that the lands applied for do not contain mer- chantable timber, and no timber except ; (Here fully describe amount and kind of timber, if any.) that it is not susceptible of successful irrigation at a reasonable cost from any known source of water supply except the following areas: ; (Give the subdivision and area of the lands, of any, susceptible of irrigation.) and because of the lack of a sufficient supply of water suitable for domestic purposes, continuous residence on the lands applied for is not possible. (Sign here, with full Christian name.) Note. Every person swearing falsely to the above affidavit will be pun- ished as provided by law for such offense. (See See. 125 U. S. Criminal Code.) I hereby certify that the foregoing affidavit was read to or by affiant in my presence before affiant affixed signature thereto; that affiant is to me per- sonally known (or has been satisfactorily identified before me by ) ; (Give full name and post-office address.) that I verily believe affiant to be a qualified applicant and the identical person hereinbefore described; and that said affidavit was duly subscribed and sworn to before me, at my office, in ., , within the ( Town. ) ( County and S ta te. ) land district, this day of , 191. . (Official designation of officer. ) We, , of , and , of , do sol- emnly swear that we are well acquainted with the above-named affiant and the lands described, and personally know that the statements made by him relative to the character of the said lands are true. I hereby certify that the foregoing affidavit was read to or by affiants in my presence before affiants affixed signatures thereto; that affiants are to ma personally known (or have been satisfactorily identified before me by ), and that said affidavit was duly subscribed to before me at , this day of , 191. . United States Land Office at , , 191.. (Official designation of officer.) I hereby certify that the foregoing application is for surveyed land of the class which the applicant is legally entitled to enter under Section 6 of the Act of June 17, 1910; that there is no prior valid adverse right to the same, and has this day been allowed. (In Utah, strike out the act of 1910 ; in Idaho, strike out the act of 1909.) Kegister. UNITED STATES CRIMINAL CODE. CHAP. 6. Sec. 125. Whoever, having taken an oath before a competent tribunal, officer, or person, in any case in which a law of the United States authorizes an oath to be administered, that he will testify, declare, depose, or certify truly, or that any written testimony, declaration, deposition, or certificate by him sub- scribed is true, shall willfully and contrary to such oath state or subscribe any material matter which he does not believe to be true, is guilty of perjury, and shall be fined not more than two thousand dollars and imprisoned not more than five years. (Act March 4, 1909. 35 Stat., 1111.) 615 [4004.] (Form approved by the Secretary of the Interior, March M, 1909.) Department of the Interior. ADDITIONAL HOMESTEAD. (Act of February 19, 1909.) See pages 196, 21U. [Form 4005.] APPLICATION FOE AMENDMENT. See page 351. [4006.] AGRICULTURAL COLLEGE SCRIP OF JULY 2, 1862. Agricultural Scrip, No Register and Receiver 's No State of , Land Office, , , 18.. We hereby certify that the attached Scrip, No , State of , was on this day received at this office, from , of County, State of , Receiver. , Register. I, , of County, State of , hereby apply to locate and do locate the quarter of Section No , in Township No , of Range No , in the district of lands subject to sale at the Land Office at , containing acres, in satisfaction of the attached scrip numbered , State of , issued under the Act of July 2, 1862. Witness by hand this day of , A. D. 18. . Attest : , Receiver. , Register. I request the patent to be sent to Land Office, , , 18.. We hereby certify that the above location is correct, being in accordance with law and instructions. , Register. , Receiver. [4007.] (Form approved by the Secretary of the Interior, November 12, 1907.) Department of the Interior. HOMESTEAD ENTRY. U. S. Land Office, , No Application. I, ( ), a resident of , do hereby t<;ivo full Christian name.) (Town, County, and State!) (Male or feraalo.) apply to enter, under Section 2289, Revised Statutes of the United States, the Section , Township , Range , Meridian, 616 containing acres, within the land district; and I do solemnly swear that I am not the proprietor of more than 160 acres of land in any State or Territory ; that 1 (Applicant must state whether native born, naturalized, or has filed declaration of in- tention to become a citizen. If not native born, certified copy of naturalization or declaration of intention, as case may be, must be filed with this application.) citizen of the United States, and am ; (State whether the head of a family, married or unmarried, or over twenty-one years of age.) that my post-office address is ; that this application is honestly and in good faith made for the purpose of actual settlement and cultivation, and not for the benefit of any other person, persons, or corporation; that I will faithfully and honestly endeavor to comply with all the requirements of law as to settlement, residence, and cultivation necessary to acquire title to the land applied for; that I am not acting as agent of any person, corporation, or syndicate in making this entry, nor in collusion with any person, corporation, or syndicate to give them the benefit of the land entered, or any part thereof, or the timber thereon; that I do not apply to enter the same for the purpose of speculation, but in good faith to obtain a home for myself, and that I have not directly or indirectly made, and will not make, any agreement or contract, in any way or manner, with any person or persons, corporation, or syndicate whatsoever, by which the title which I may acquire from the Government of the United States will inure in whole or in part to the benefit of any person except myself. I further swear that since August 30, 1890, I have not entered and acquired title to, nor am I now claiming, under an entry made under any of the nonmineral public-land laws, an amount of land which, together with the land now applied for, will exceed in the aggregate 320 acres; and that I have not heretofore made any entry under the homstead laws (except ); (Here describe former homestead entry bv section, township, range, land district, and number of entry; how perfected, or if not perfected state that fact.) that I am well acquainted with the character of the land herein applied for and with each and every legal subdivision thereof, having personally examined same; that there is not to my knowledge within the limits thereof any vein or lode or quartz or other rock in place bearing gold, silver, cinnabar, lead, tin, or copper, nor any deposit of coal, placer, cement, gravel, salt spring, or deposit of salt, nor other valuable mineral deposit; that no portion of said land is claimed for mining purposes under the local customs or rules of miners, or otherwise; that no portion of said land is worked for mineral during any part of the year by any person or person?; that said land is essentially nonmineral land, and that my application therefor is not made for the purpose of fraudu- lently obtaining title to mineral land; that the land is not occupied and im- proved by any Indian. (Sign here, with full Christian name.) Note. Every person swearing falsely to the above affidavit will be pun- ished as provided by law for such offense. (See Sec. 5392, E. S.) I hereby certify that the foregoing affidavit was read to or by affiant in my presence before affiant affixed signature thereto; that affiant is to me person- ally known (or has been satisfactorily identified before me by ) ; (Oive full name and post-office address.) that I verily believe affiant to be a qualified applicant and the identical person hereinbefore described; and that said affidavit was duly subscribed and sworn to before me, at my office, in , , within the (Town.) (County and State.) land district, this day of , 19. . (Official designation of officer.) United States Land Office at , , 19.. I hereby certify that the foregoing application is for surveyed land of the class which the applicant is legally entitled to enter under Section 2289, Revised Statutes of the United States, and that there is no prior valid adverse right to the same. Register. Eeceived of the above-named applicant the sum of dollars and 617 cents, being the amount of fees and compensation of the Register and Beceiver for the entry of the land, hereinbefore described, under Section 2290, Revised Statutes of the United States. Receiver. Revised" Statutes of the United States. Title LXX. Crimes. Chap. 4. Sec. 5392. Every person who, having taken an oath before a competent tribunal, officer, or person, in any case in which a law of the United States authorizes an oath to be administered, that he will testify, declare, depose, or certify truly, or that any written testimony, declaration, deposition, or cer- tificate by him subscribed is true, willfully and contrary to such oath states or subscribes any material matter which he does not believe to be true, is guilty of perjury, and shall be punished by fine of not more than two thousand dollars, and by imprisonment, at hard labor, not more than five years; and shall, moreover, thereafter be incapable of giving testimony in any court of the United States until such time as the judgment against him is reversed. (See Sec. 1750.) Note. In addition to the above penalty, every person who knowingly or willfully in anywise procures the making or presentation of any false or fraudu- lent affidavit pertaining to any matter within the jurisdiction of the Secretary of the Interior may be punishd by fine or imprisonment. [4-007a.] (Form approved by the Secretary of the Interior July 24, 1912.) Department of the Interior APPLICATION FOR REDUCTION OF THE REQUIRED AREA OF CULTIVATION. (Sec. 2291, R. S., as amended by Act of June 6, 1912 Public, No. 179.) U. S. Land Office, , No I, ,of , (Give post-office address.) having made Homestead Entry No , for the , Section , Township , Range , Meridian, Land District, hereby apply for a reduction of the required area of cultivation, and, being first duly sworn, upon oath make the following answers to the questions printed below, respectively: Question 1. State fully, by legal subdivisions, (a) the character of the soil, (b") the condition of the surface, (c) whether the land is level or broken, (d) the kind and amount of timber, or other growth, if any, and (e) the altitude, if more than 1,000 feet above the level of the sea. Answer: Question 2. If you have any improvements on the land, describe the same fully in amount, kind, and value. Answer : Question 3. When did you establish residence upon the land, and for what periods, if :xny, have you been absent therefrom since that date? Answer : Question 4. State the number of acres, if any, cultivated in each legal sub- division, kind of crop planted, and approximate amount harvested, each year, since -date of entry. Answer : . 618 Question 5. Describe fully the climatic conditions obtaining in the locality of the land, giving the approximate amount of rainfall and the temperature during the ordinary season of cultivation. Answer : . Question 6. State how many acres of this entry can be cultivated during the second year of the entry and how many acres can be cultivated during the third year of the entry and until final proof, and state fully the reasons why a larger part of the area of the entry can not be cultivated in each such year respectively. Answer : . (Sign here, with full Christian name.) NOTE. Every person swearing falsely to the above affidavit will be punished as provided by law for such offense. See Section 125, United States Criminal Code. I HEREBY CERTIFY that the foregoing affidavit was read to or by affiant in my presence before affiant affixed signature thereto; that affiant is to me personally known (or has been satisfactorily identified before me by (Give full name and post-office address.) that 1 verily believe affiant to be the identical person hereinbefore described; and that said affidavit was duly subscribed and sworn to before me, at my office, in , within the (County and State.) (Town.) Land District, this day of.. ,19.. (Official designation of officer.) CORROBORATING AFFIDAVITS. We, , of , (Give full Christian name.) (Give full post-office address.) years of age, and by occupation and , of , (Give full Christian name.) (Give full post-office address.) years of age, and by occupation do solemnly swear that we have been well acquainted with the land for years and years, respectively; that we have read the state- ments made in said .application; that applicant is a person of truth and veracity, and that we know said statements to be true. (Sign here, with full Christian name.) (Sign here, with full Christian name.) I HEREBY CERTIFY that the foregoing affidavit was read to or by affiants in my presence before affiants affixed signatures thereto; that affiants are to me personally known (or have been satisfactorily identified before me by ) , and I verily believe affiants to be credible witnesses and the identical persons hereinbefore described, and that said affidavit was duly subscribed and sworn to before me, at my office in , -. County, (Town.) State of. within the Land District, this day of , 191. .. . (Official designation of officer.) Note. Every person swearing' falsely to the above affidavit will be pun- as provided by law for such offense. See Section 125, United States Criminal Code. 619 UNITED STATES LAND OFFICE at ,19. We recommend that the application be (See out reasons here.) Register. Receiver. This application may be sworn to before any officer having and using a seal. It must be filed in the local land office of the district in which the land is located. It must not be forwarded by applicant to the Commissioner of the General Land Office or to the Secretary of the Interior. The following is quoted from a letter from the Secretary of the Interior to the Commissioner of the General Land Office under date of July 15, 1912: ' ' The Secretary of the Interior is authorized, upon satisfactory showing there- for, to reduce the required area of cultivation. In the administration of this provi- sion it is not believed that the physical or financial disabilities or misfortune of the entryman should be the grounds of reduction, but the sole question should be as to whether, under the peculiar conditions governing the tract entered, the exaction of cultivation of this particular tract by any entryman to the amount required is reasonable. The exact, special, physical, and climatic conditions of the land entered in each case must, therefore, determine whether the required amount of cultivation should be reduced. f * As a general regulation governing applications for reduction in area of cultivation, it is directed that all entrymen who desire a reduction shall file applications therefor during the first year of the entry form and upon forms to be prepared, and furnished by the Commissioner of the General Land Office and distributed through the land offices. Where a satis- factory showing is filed in support of an application for reduction, you will submit the same with your recommendation in the premises. Otherwise the application will be by you rejected, subject to the usual right of appeal. The final granting of any reduction in area of cultivation rests with the Secretary of the Interior, who may, in appropriate cases, defer action until final proof. *****#***** "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." Sec. 125, U. S. Criminal Code: Whoever, having taken an oath before a com- petent tribunal, officer, or person, in any case in which a law of the United States authorizes an oath to be administered, that he will testify, declare, depose, or certify truly, or that any written testimony, declaration, deposition, or certificate by him subscribed, is true, shall willfully and contrary to such oath, state or sub- scribe any material matter which he does not believe to be true, is guilty of perjury, and shall be fined not more than two thousand dollars and imprisoned not more than five years. [4008.] ADDITIONAL HOMESTEAD ENTRY. Under Sec. 2306, U. S. Rev. Stat. No Application. I, , of , County of , State of , the legal assignee of , a beneficiary under Section 2306, Revised Statutes of the United States, granting additional lands to soldiers and sailors who served in the Army or Navy of the United States during the war of the rebel- lion, do hereby apply to enter the , Sec , T , R , P. M., containing acres, as additional to his original homestead on the Sec , T , R , P. M., containing acres, entered at , per H. E. No , dated 19. . > Assignee of 620 I, , Eegister of the United States Land Office at , do hereby certify that , assignee of , filed the above application before me this day of , 19.., for the tract therein described, and that there is no prior adverse right to the same. Eegister. I hereby certify that the hereto attached assignment of additional home- stead under Section 2306, Kevised Statutes, was this day received from , with application to enter the same on , See , T , R , P. M., that the same might be noted upon the tract books and further action thereon suspended awaiting instructions from the Commissioner; that the fee and commissions are tendered in full. See letter February 18, 1890, circular January 25, 1904, page 238. Receiver. [4 008a.] (Form approved by the Secretary of the Interior, November 12, 1907.) Department of the Interior. SOLDIER 'S ADDITIONAL HOMESTEAD ENTRY BY ASSIGNEE. U. . Land Office, , No Application. I, \ ), a resident of , the legal (Give full Christian nam. ) (Give full post-office address.) (Male or female.) assignee of , beneficiary (or beneficiaries) under Section 2306, (Give full Christian name of beneficiary or beneficiaries.) Revised Statutes of the United States, granting additional lands to soldiers and sailors who served in thv Army or Navy of the United States during the War of the Rebellion, do herrby apply to enter .' , Section , Township , Range , ...... Meridian, containing acres, within the land district, as additional to the original homestead. . on the , Section , Township , Range , Meridian, containing acres, entered at tho United States Land Office at per Homestead Entry (or Entries) No , dated , 18..; and I do solemnly swear that I am a citizen of the United States, over twenty-one years (State whether native born or naturalized; if naturalized, certified copy of naturaliza- tion must be filed with this application.) of age; that I am the identical person named in the accompanying assignment of , the assignee of , the original beneficiary (or bene- ficiaries) entitled to make soldier's a*dditional homestead entry (or entries) of acres of public land under the provisions of Section 2306, Revised Statutes, as additional to the original homestead entry (or entries) above described; that I have purchased same in good faith and am now the holder and owner thereof; that I have not made an entry of public lands as such assignee, and that I have not sclcl or disposed of said right of entry, but that the same is vested in me unimpaired; that as such assignee I present herewith the said assignments, together with proof of right of entry granted to the said beneficiary (or beneficiaries) under the provisions of said Section 2306. * I am well acquainted with the character of the land herein applied for and with each and every legal subdivision thereof, having personally examined the same; that there is not to tny knowledge within the limits thereof any vein or lode of quartz or other rock in place bearing gold, silver, cinnabar, lead, tin, or copper, nor any deposit of coal, placer, cement, gravel, salt spring, or deposit of salt, nor other valuable mineral deposit; that no portion of said land is claimed for mining purposes under the local customs or rules of miners, or otherwise; that no portion of said land is worked for mineral during any part of the year by any person or persons; that said land is essentially nonmineral land; that my application therefor is not made for the purpose of fraudulently obtaining title to mineral land; that the land is not occupied and improved by any Indian, and is unoccupied, unimproved, and unappro- priated by any person claiming the same other than myself (except ) (Sign hero, with full Christian name.) * Note. If applicant is not personally acquainted with the character and condition of the land applied for, affidavit as to character and condition may be made by any credible person having the requisite knowledge. 621 Note. Every person swearing falsely to the above affidavit will be pun- ished as provided by law for such offense. (See Sec. 5392, R. S., below.) I hereby certify that the foregoing affidavit was read to or by affiant in my presence before affiant affixed signature thereto; that affiant is to mo personally known (or has been satisfactorily identified before me by ); (Give full name and ppstoffice address.) that I verily believe affiant to be a credible person and the identical person hereinbefore described, and that said affidavit was duly subscribed and sworn to before me, at my office, in , , , this day of (Town.) (County and State.) .,19.. (Official designation of officer.) United States Land Office at ,19.. It is hereby certified that the above application was this day received with the attached assignment of soldier's additional homestead entry that same might be noted on the tract books and further action thereon suspended until advice from the Commissioner of the General Land Office; that the fees and commissions were tendered in full, and that there is no prior or adverse right to the lands applied for. Register. Receiver. Revised Statutes of the United States. Title LXX. Crimes. Chap. 4. See. 5392. Every person who, having taken an oath before a competent tribunal, officer, or person, in any case in which a law of the United States authorizes an oath to be administered, that he will testify, declare, depose, or certify truly, or that any written testimony, declaration, deposition, or cer- tificate by him subscribed is true, willfully and contrary to such oath states or subscribes any material matter which he does not believe to be true, is guilty of perjury, and shall be punshed by fine of not more than two thousand dollars, and by imprisonment, at hard labor, not more than five years; and shall, moreover, thereafter be incapable of giving testimony in any court of the United States until such time as the judgment is reversed. (See Sec. 1750.) Note. In addition to the above penalty, every person who knowingly or willfully in anywise procures the making or presentation of any false or fraudulent affidavit pertaining to any matter within the jurisdiction of the Secretary of the Interior may be punished by fine or imprisonment. [4 008b.] (Form approved by the Secretary of the Interior, January 19, 1912.) Department of the Interior. ISOLATED TRACT. See page 353. (Applicable to Nebraska only.) [4 008c.] (Form approved by the Secretary of the Interior, January 19, 1912.) Department of the Interior. ISOLATED TRACT. U. S. Land Office, , Serial No Application and Affidavit. To the Commissioner of the General Land Office. , of , respectfully requests that the , (Give full post-office address.) Section , Township , Range , Meridian, be ordered into market and sold under the Acts of June 27, 1906 (34 Stats., 517), and March 2, 1907 (34 Stats., 1224), at public auction, the same having been sub- ject to homestead entry for at least two years after the surrounding lands were 622 entered, filed upon, or sold by the Government. Applicant states that he (Insert statement that affiant is a native-born or naturalized citizen, or has declared intention to become such, as the case may be.) citizen of the United States; that this land contains no salines, coal, or other minerals, and no stone except ; that there is no timber thereon (State amount and character.) except trees of the species, ranging from inches to feet in diameter, and aggregating about feet stumpage measure, of the estimated value of $ ; that the land is not occupied except by , of post-office, who occupies and uses it for the purpose of , but does not claim the right of occupancy under any of the public land laws; that the land is chiefly valuable for , and that applicant desires to purchase same for his own individual use and actual occupation for the purpose of , and not for speculative purposes. That he has not heretofore purchased .public lands sold as isolated tracts the area of which when added to the area herein applied for will exceed approximately 480 acres. The lands heretofore purchased by him under said act are described as follows: If this request is granted applicant agrees to have notice published at his expense in the newspaper designated by the register. (Applicant will answer fully the following questions.) Question 1. Are you the owner of land adjoining the tract above described? If so, describe the land by section, township, and range. Answer Question 2. To what use do you intend to put the isolated tract above described should you purchase same? Answer Question 3. If you are not the owner of adjoining land, do you intend to reside upon or cultivate the isolated tract? Answer : Question 4. Have you been requested by anyone to apply for the ordering of the tract into market? If so, by whom? Answer Answer Question 5. Are you acting as agent for any person or persons or directly or indirectly for or in behalf of any person other than yourself in making said application? Answer Question 6. Do you intend to appear at the sale of said tract, if ordered, and bid for same? Answer Question 7. Have you any agreement or understanding, expressed or im- plied, with any other person or persons, that you are to bid upon or purchase the land for them or in their behalf, or have you agreed to absent yourself from the sale or refrain from bidding so that they may acquire title to the land? Answer (Sign here, with full Christian name.) We are personally acquainted with the above-named applicant and the land described by him, and the statements hereinbefore made are true to the best of our knowledge and belief. (Sign here, with full Christian name.) (Sign here, with full Christian name.) I certify that the foregoing application and corroborative statement were read to or by the above-named applicant and witnesses in my presence, before affiants affixed their signatures thereto; that affiants are to me personally known (or have been satisfactorily identified before me by ) ; (Give full name and post-office address.) that I verily believe affiants to be credible persons, and the identical persons hereinbefore described; that said affidavits were duly subscribed and sworn to before me, at my office at , this day of , 191 . . (Official designation of officer.) 623 [4011.] APPLICATION TO PURCHASE. To the Eegistcr and Receiver, United States Land Office at The undersigned, claimant. . under the provisions of the Revised Statutes of the United States, Chapter Six, Title Thirty-two, and legislation supple- mental thereto, hereby appl... to purchase that Mining Claim known as the , Section , in Township No , of Range No , Meridian, designated as Lot. . No , said Lot. . No extend- ing feet in length along said vein or lode, but expressly excepting and excluding from this application all that portion of the ground embraced in mining claim., or survey., designated at Lot.. No , and also all that portion of any vein or lode the top or apex of which lies inside of said excluded ground; said Lode claim embracing acres in said Mill-Site claim acres, in the Mining District, in the County of , and of , as shown by the survey thereof, and herebj* agree. . to pav therefor dollars, being the legal price thereof. Dated , 190.. I, , Register of the Land Office at , do hereby certify that the aforesaid Mining Claim or Lot.. No as applied for above, is subject to entry by the above-named applicant. . ; the area of said Lode claim being acres and of said Mill-Site claim acres, and the legal price thereof dollars. , 190.. , Register. [4012.] A. Acts of June 22, I860, March 2, 1867, and June 10, 1872. Register and Receiver 's No Certificate of Location No Issued by virtue of a decree rendered on the day of by the Supreme Court of the United States, for the claim of or legal representatives. I, , hereby apply to locate with the above-described certifi- cate quarter of Section No , in Township No , of Range No , containing acres, in the district of lands subject to sale at Witness my hand this day of , A. D. 18. . Attest: Register. Receiver. [4 012a.] VALENTINE LAND SCRIPT. Act of April 5, 1872. Special Certificate of Location E No ....... Excess Receipt No ....... , $ ...... Register and Receiver's No Issued to Thomas B. Valentine. U. S. Land Office, We hereby certify that the attached Special Certificate of Location E No ....... was on this day received at this office, from ............ , of ...... County, State of ...... ........................ , Register. ........................ , Receiver. 624 I, , of County, State of , hereby apply to locate and do locate the quarter of Section No in Township No , of Range No , Meridian in the District of Lands subject to sale at the Land Office at , containing acres, in satisfaction of the attached Special Certificate of Location E No , issued to said Thomas B. Valentine, under Act of Congress approved April 5, 1872. Witness my hand this day of , A. D. 1 Attest: , Eegister. , Receiver. U. S. Land Office, , 1... We hereby certify that the above location is correct, being in accordance with law and instructions. , Register. , Receiver. [4 012b.] DEPARTMENT OF THE INTERIOR. U. S. Land Office, , No INDIVIDUAL CLAIMANT. Application and Affidavit. Act of July 1, 1898 (30 Stat., 597-620), and Act of May 17, 1906 (34 Stat., 197). I, ( ), of , having made relinquish- (Give full Christian name.) (Male or female.) (Town, County, and State.) ment of my claim, No , covering , Section , Town- (Kind.) ship , Range , Meridian, within the land district, containing acres, heretofore included in the conflicting claims of the Northern Pacific Railroad Company, or its successor in interest, and myself, which relinquishment was duly accepted by the Commissioner of the General Land Office, , 191.., do hereby make application to select in lieu of the lands so relinquished the following lands, to-wit: in land district; and I do solemnly swear that my post-office address is , that I, an individual claimant, under the Act of July 1, 1898 (30 Stat., 597- 620), am acquainted with the lands sought to be selected under the foregoing application, and have examined every subdivision thereof; that there is not to my knowledge within the limits of said land any vein or lode of quartz or other rock in place bearing gold, silver, cinnabar, or other mineral substance; that there is not within the limits of said land to my knowledge any placer or other valuable mineral deposits or any salines; that no portion of said land is claimed for mining purposes under local customs or rules of miners, or otherwise; that no portion of said land is worked" for mineral during any part of the year; .that said land is essentially nonmineral land; that it does not to my knowledge contain any valuable stone, iron, or coal; that it is not reserved in any manner, is not subject to any valid claim whatsoever, and is not occupied by any settler. And further affiant saith not. (Sign here with full Christian name.) Note. Every person swearing falsely to the above affidavit will be pun- ished as provided by law for such offense. (See Sec. 125, U. S. Criminal Code.) I hereby certify that the foregoing affidavit was read to or by affiant in my presence before affiant affixed signature thereto; that affiant is to me per- sonally know (or has been satisfactorily identified before me by ) ; (Give full name and post-office address.) that I verily believe affiant to be a qualified applicant and the identical person hereinbefore described; and that said affidavit was duly subscribed and sworn to before me, at my office, in , , within the (Town.) (County and State.) land district, this day of , 191. . (Official designation of officer.) 625 United States Land Office at. , 191.. We hereby certify that we have carefully considered the foregoing appli- cation, and have critically examined the plats and records of this office, so far as they apply to the lands sought to be selected. Finding that the application and proofs fully conform to the statute and regulations there- under, and that the lands selected appear by the records of this office to be subject to such selection, we have accepted the application and have made due notation thereof upon the records pending the advice of the Commis- sioner of the General Land Office. , Register. , Receiver. Note 1. This application will not be treated as an entry nor will certifi- cate issue thereon until it has been accepted by the Commissioner of the General Land Office. Note 2. This affidavit may be made before the Register or Receiver of the local land office or before any other officer authorized to administer an oath. If the claim relinquished be a desert land claim, timber culture claim, or a timber purchase claim, which has not been carried to final entry and certificate, or to the submission of final proof entitling the claimant to final entry and certificate, the applicant must also make proof of the character of th land selected, as required by the regulations controlling that class of claims. To the end that the applicant may receive an early adjudication of his right to make the transfer or selection, the local officers will forward at once all applications made under this Act. United States Criminal Code Chapter 6 (35 Stat., llll). Sec. 125. Whoever, having taken an oath before a competent tribunal, officer, or person, in any case in which a law of the United States authorizes an oath to be administered, that he will testify, declare, depose, or certify truly, or that any written testimony, declaration, deposition, or certificate by him subscribed, is true, shall willfully and contrary to such oath state or subscribe any material matter which he does not believe to be true, is guilty of perjury, and shall be fined not more than two thousand dollars and im- prisoned not more than five years. Act March 4, 1909 (35 Stat., 1111). [4018] Department of the Interior. ADDITIONAL HOMESTEAD. Act of April 28, 1904. U. S. Land Office, , No.. Application and Affidavit. Receipt No I, , of , do hereby apply to enter under section 2 of the Act of April 28, 1904 (33 Stat., 527), the Section , Township , Range , Meridian, containing acres, as additional to my Homestead Entry No , made at Land Office for the Section , Township , Range , Meridian. I do solemnly swear that I am the owner of and am residing upon the land included in my original entry above described, and that this application is made for my exclusive benefit as an addition to my original homestead entry, and not directly or indirectly for the use or benefit of any other person or persons whomsoever, and that I have not heretofore made an entry under the homestead laws other than that above described, except ; that since August 30, 1890, I have not entered and acquired title to, nor am I now claiming, under an entry made under any of the nonmineral public land laws, an amount of land which, together with the land now applied for, will exceed in the aggregate 320 acres; that I am well acquainted with the character of the land herein applied for and with each and every legal subdivision thereof, having personally 626 examined same; that there is not to my knowledge within the limits thereof any vein or lode of quartz or other rock in place bearing gold, silver, cinnabar, lead, tin, or copper, nor any deposit of coal, placer, cement, gravel, salt spring, or deposit of salt, nor other valuable mineral deposit; that no portion of said land is claimed for mining purposes under the local customs or rules of miners, or otherwise; that no portion of said land is worked for mineral during any part of the year by any person or persons; that said land is essentially nonmineral land, and that my application therefor is not made for the purpose of fraudulently obtaining title to mineral land; that the land is not occupied and improved by any Indian. (Sign here, with full Christian name.) Note. Every person swearing falsely to the above affidavit will be punished as provided by law for such offense. (See sec. 5392, R. S.) I hereby certify that the foregoing affidavit was read to or by affiant in my presence before affiant affixed signature thereto; that affiant is to me personally known (or has been satisfactorily identified before me by ) ; that I verily believe (Give full name and post-office address.) affiant to be a qualified applicant and the identical person hereinbefore described; and that said affidavit was duly subscribed and sworn to before me, at my office, in , within the (Town.) (County and State.) land district, this day of , 19..... (Official designation of officer.) We, , of , and , of , do solemnly swear that we are acquainted with the above-named applicant and know that he is the owner of and residing upon the land embraced in his original entry above described. I hereby certify that the foregoing affidavit was read to or by affiants in my presence before affiants affixed signatures thereto; that affiants are to me personally known (or have been satisfactorily identified before me by ) ; and that said affidavit was duly (Give full name and post-office address.) subscribed and sworn to before me at this day of.. j,.. ,19 (Official designation of officer.) United States Land Office at , 19.... I hereby certify that the foregoing application is for surveyed land of the class which the applicant is legally entitled to enter under section 2289, Revised Statutes of the United States; that there is no prior valid adverse right to the same, and has this day been allowed. Register. Revised Statutes of the United States. Title LXX. Crimes. Chap. 4. Sec. 5392. Every person who, laving taken an oath before a competent tribunal, officer, or person, in any case in which a law of the United States authorizes an oath to be administered, that he will testify, declare, depose, or certify truly, or that any written testimony, declaration, deposition, or certifi- cate by him subscribed is true, willfully and contrary to such oath states or subscribes any material matter which he does not believe to be true, is guilty of perjury and shall be punished by a fine of not more than two thousand dollars, and by imprisonment, at hard labor, not more than five years; and shall, moreover, thereafter be incapable of giving testimony in any court of the United States until such time as the judgment against him is reversed. (See Sec. 1750.) Note. In addition to the above penalty, every person who knowingly or willfully in any wise procures the making or presentation of any false or fraudulent affidavit pertaining to any matter within the jurisdiction of the Secretary of the Interior may be punished by fine or imprisonment. 627 [4 018a.] DEPARTMENT OF THE INTERIOR, United States Land Office, By authority of General Land Office letter "P" of , 190 , you are hereby notified that a special agent of that office has filed the following charges against the validity of your Entry No , made , , for to wit : . You are notified that if you fail to file in this office, within thirty days of date of service of this notice, a written or printed answer, under oath, denying each of said charges, or showing a state of facts rendering said charges immaterial, and applying for a hearing to determine the truth of said charges and answer, or if you fail to appear at a hearing applied for, your said above entry or claim will be rejected, and, if of record, will be canceled. Very respectfully, . Register. INSTRUCTIONS. Manner of Proceeding upon Special Agents' Reports. DEPARTMENT OF THE INTERIOR, General Land Office, Washington, D. C., November 25, 1907. To Special Agents and Registers and Receivers, United States Land Offices: The following rules are prescribed for the government of proceedings had upon the reports of special agents of this office. All existing instructions in conflict herewith are superseded. 1. The purpose hereof is to secure speedy action upon claims to the public lands, and to allow claimant, entryman, or other claimant of record, opportunity to file a denial of the charges against the entry or claim, and to be heard thereon if he so desires. 2. Upon receipt of the special agent's report this office will consider the same and determine therefrom whether the charges, if true, would warrant the rejection or cancellation of the entry or claim. 3. Should the charges, if not disputed, justify the rejection or can- cellation of the entry or claim the local officers will be duly notified thereof and directed to issue notice of such charges in the manner and form hereinafter provided for, which notice must be served upon the entryman and other parties in interest shown to be entitled to notice. 4. The notice must be written or printed and must state fully the charges as contained in the letter of this office, the number of the entry or claim, subdivision of land involved, name of entryman or claimant or other known parties in interest. 5. The notice must also state that the charges will be accepted as true, (a) unless the entryman or claimant files in the local office within thirty days from receipt of notice a written denial, under oath, of said charges, with an application for a hearing, (b) or if he fails to appear at any hearing that may be ordered in the case. 6. Notice of the charges may in all cr.ses be served personally upon the proper party by any officer or person, or by registered letter mailed to the last address of the party to be notified, as shown by the record, and to the postoffice nearest to the land. Proof of personal service shall be the written 628 acknowledgment of the person served, or the affidavit of the person who served the notice attached thereto, stating the time, place, and manner of service. Proof of service of notice by registered mail shall consist of the affidavit of the person who mailed the notices, attached to the postoffice registry return receipts, or the returned unclaimed registered letters. 7. If a hearing is asked for, the local officers will consider the same and confer with the special agent relative thereto and fix a date for the hearing, due notice of which must be given entryman or claimant. The above notice may be served by registered mail. 8. The chief of field division will duly submit, upon the form provided therefor, to this office, an estimate of the probable expense required on behalf of the Government, He will also cause to be served subpoenas upon the Gov- ernment witnesses and take such other steps as are necessary to prepare the case for prosecution. 9. The special agent must appear with his witnesses on the date and at the place fixed for said hearing, unless he has reason to believe that no appear- ance for the defense will be made, in which event no appearance on behalf of the Government will be required. The special agent must, therefore, keep advised as to whether the defendant intends to appear at the hearing. The chief of field division may, when present, conduct the hearing on behalf of the Government. 10. If the entryman or claimant fails to deny the charges under oath and apply for a hearing, or fails to appear at the hearing ordered, without showing good cause therefor, such failure will be taken as an admission of the truth of the charges contained in the special agent 's report and will obviate any necessity for the Government's submitting evidence in support thereof. 11. Upon the day set for the hearing and the day to which it may be continued the testimony of witnesses for either party may be submitted, and both parties, if present, may examine and cross-examine the witnesses, under the rules, the Government to assume the burden of proving the special agent's charges. 12. If the entryman or claimant fails to apply for a hearing or to appear at a hearing applied for, as provided in paragraph 10, or if a hearing is had, as provided in paragraph 11, the local officers will render their decision upon the record, giving due notice thereof in the usual manner. 13. Appeals or briefs must be filed under the rules and served upon the special agent in charge of hearing. The special agent will not file any appeal or brief unless directed to do so by this office, or the chief of field division. 14. The above proceedings will be governed by the Rules of Practice. All notices served on claimants or entrymen must likewise be served upon transferees or mortgagee, as provided in Rule 8% of Practice. 15. At the conclusion of the hearing the chief of field division will pay all proper charges for the Government's case, upon proper vouchers when required; and he will at once make return thereon to this office, showing the amount of authorization expended. Very respectfully, R. A. Ballinger, Commissioner. Approved: G. W. "Woodruff. Acting Secretary. [4019] Form C. Department of the Interior. WATER-RIGHT APPLICATION. Act June 17, 1902 (32 Stat., 388). Project. U. S. Land Office, No Lands Allotted to Indians. (Date.) I, , an Indian allottee subject to the jurisdiction of the , in charge of the 629 Indian , do hereby apply for a water right under the Project, subject to the provisions of the Act of Congress approved June 17, 1902 (32 Stat., 388), known as the Reclamation Act, and the rutes and regulations established thereunder, the water supplied in pursuance thereof to be used for the irrigation of, and to be appurtenant to, acres of irrigable land, as shown on plats on file in this office approved by the Secretary of the Interior, within the area described as follows : , Section , Township , Range , Meridian, an area of acres. The amount of water to be furnished hereunder shall be acre-feet of water per annum per acre of irrigable land, as aforesaid, measured at the land; or so much thereof as shall constitute the proportionate share per acre from the water supply actually available for the lands under said project: Provided, That the supply furnished shall be limited to the amount of water beneficially used on said irrigable land. I hereby agree that the Commissioner of Indian Affairs shall pay from any funds in his hands or subject to his control belonging to me for said water right the estimated cost of construction as fixed by the Secretary of the Interior, namely, the sum of $ per acre for the said area of irrigable land, in annual installments, and shall pay promptly when due the annual installments and the maintenance and operating charges duly assessed against said land on account of said water right. It is further agreed that, upon failure to comply with the terms of said Reclamation Act and the regulations thereunder, so far as applicable, this appli- cation shall be subject to cancellation by the Secretary of the Interior, with the forfeiture of all rights acquired thereunder and of all payments made thereon. This application must bear the certificate, as hereto attached, of the water users' association under this project, which has entered into contract with the Secretary of the Interior. If the Secretary of the Interior has made no contract with a water users' association under this project, I agree to file, upon direction of the Secretary of the Interior, evidence of membership in the water users' association or- ganized under the said project; in default of which, this application shall be subject to cancellation by the Secretary of the Interior, with the forfeiture of all rights acquired thereunder and of all payments made thereon. And I hereby certify that my postoffice address is , that the postoffice address of said is ; that I am years of age and a bona fide resident upon said land (or an occupant thereof, residing in the neighborhood, namely, upon Section , Township , Range , Meridian, a distance in a direct line of miles therefrom); that I hold the following interest in the said tract: as duly shown upon the records of County, ; that I have made no other application, now uncanceled, for a water right under said Act of Congress, appurtenant to land now owned or claimed by me, except as follows: Application No , Project,, for Section , Township Range , Meridian, an area of acres, and containing acres or irrigable land, as determined by the Secretary of the Interior; and that the present application is made on my behalf, and not at the instance or for the benefit of any other person or any association or corporation, either directly or indirectly. It is further understood and agreed that if the interest of the applicant in said land shall cease and said interest shall be held by a party who is not qualified to apply for or hold a water right under the provisions of the Reclamation Act, this application shall be subject to cancellation by the Secre- tary of the Interior, with the forfeiture of all rights acquired thereunder and of all payments' made thereon. It is further understood and agreed that the evidence of ownership of this water right shall not be issued by the United States until fee simple title to said land is vested in the allottee and after final payment hereon is made, 630 in default of which this application shall be subject to such action as may be deemed proper by the Secretary of the Interior. (Applicant sign here.) By . in charge of said (If the Secretary of the Interior has entered into a contract with 'a water users' association under the project, the following certificate must be filled out.) (Place.) (Date.) I hereby certify that the applicant for this water right has duly subscribed for the stock of this association for the lands described herein' and that all assessments levied against said stock bv said association have been fully paid up to date. Secretary, Water Users ' Association. (Corporate seal.) 631 4020. Department of the Interior. WATER-RIGHT APPLICATION. Act June 17, 1902 (32 Stat., 388). Project. U. S. Land Office Serial No. Lands in Private Ownership. (Date.) , hereinafter called the applicant, hereby applies for a water right under the Unit, Project, subject to the provisions of the Act of Con- gress approved June 17, 1902 (32 Stat., 388), known as the Reclamation Act, and the rules and regulations established thereunder, the water supplied in pursu- ance thereof to be used for the irrigation of, and to be appurtenant to, acres of irrigable land, as shown on plats approved by the Secretary of the Interior, within the area described as follows : , Section , Township , Range , Meridian, an area of acres. The quantity of water to be furnished hereunder shall be acre- feet of water per annum per acre of irrigable land, as aforesaid, measured at the land; or so much thereof as shall constitute the proportionate share per acre from the water supply actually available for the lands under such project : Provided, That the supply furnished shall be limited to the amount of water beneficially used on said irrigable land: Provided, however, that if measuring devices are not installed at the land, an increase deemed reasonable by the Reclama- tion Service official in charge of the project shall be made for losses of water after passing the point of measurement. The applicant hereby agrees on behalf of himself, his heirs, administrators, and assigns to pay for said water right the estimated cost of construction as fixed by the Secretary of the Interior, namely, the sum of $ per acre for acres of irrigable land, in not more than annual installments, and to pay promptly when due the annual installments and the operation and maintenance charges duly assessed against said land on account of said water right, each and all of which installments and operation and mainte- nance charges are hereby made and shall be a lien against the above-described premises, such liens attaching immediately upon the execution hereof and being enforcible as to each and every installment, or charge, or portion thereof at such time as the same shall become due in pursuance of public notice issued by the Secretary of the Interior. It is further agreed and provided that such lien or liens shall have the full force and effect of a mortgage or deed of trust and vest in the United States all the rights and powers which might be exercised and all benefits which might be claimed by the mortgagee in a real estate mortgage given to secure the payment of a loan or debt, including the right of foreclosure by or on behalf of the United States in any court of competent jurisdiction and the applicant grants to the United States or its transferee all the rights, powers and, authority in and over the above-described premises which might be exercised by the trustee named in a deed of trust given to secure the payment of a loan or debt. The applicant further agrees and binds himself, his heirs, administrators, and assigns to pay all taxes and other liens and encumbrances which are now or may hereafter (during the life of the lien herein given to the United States) become a superior lien or encumbrance to that of the United States, and if the applicant, his administrators, executors, heirs, or assigns fail to pay any such tax, lien, or encumbrance when due, the United States may pay the same and add the amount 632 thereof to the lien held by the United States under this agreement and recover the same. It is further agreed that upon failure of the applicant to comply with the terms of said Eeclamation Act and the regulations thereunder, this application shall be subject to cancellation by the Secretary of the Interior, with the for- feiture of all rights acquired thereunder and of all payments made thereon. This application must bear the certificate, as hereto attached, of the water users' association under this project, which has entered into contract with the Secretary of the Interior, and the liens which the United States holds against the above-described land for the payment of the building and operation and mainte- nance charges, may be enforced, at the option of the United States, either directly by the United States or through the medium of the water users' association. If the Secretary of the Interior has made no contract with a water users ' asso- ciation under this project, the applicant agrees to file, upon his direction, evidence of membership in the water users' association organized under the said project; in default of which, this application shall be subject to cancellation by the Secretary of the Interior, with the forfeiture of all rights acquired thereunder and of all payments made thereon. And, being duly sworn, the applicant further deposes and says that the post-office address of the undersigned is ; that the undersigned is a bona fide resident upon said land (or an occupant thereof, residing in the neighborhood, namely, upon Section , Township , Range , Meridian, a distance in a direct line of miles therefrom) ; that the undersigned holds the following interest in the said tract : as duly shown upon the records of County, ; that no other application, now uncanceled, has been made for a water right under said Act of Congress, appurtenant to land now owned or claimed by the undersigned, except as follows : Application No , Project, , of for , Section , Township , Range , Meridian, an area of acres and containing acres of irrigable land, as determined by the Secretary of the Interior; and that the present application is made in behalf of the undersigned and not at the instance or for the benefit of any other person or any association or corporation, either directly or indirectly. No Member of or Delegate to Congress, or Resident Com- missioner, after his election or appointment or either before or after he has qualified and during his continuance in office, shall be admitted to any share or part of this contract or agreement, or to any benefit to arise thereupon. Nothing, however, herein contained shall be construed to extend to any incorporated company, where such contract or agreement is made for the general benefit of such incorporation or company, as provided in Section 116 of the Act of Congress approved March 4, 1909 (35 Stat., 1109). It is further understood and agreed that if the interest of the applicant iu said land shall cease and said interest shall be held by a party who is not qualified to apply for or hold a water right under the provisions of the Reclamation Act, this application shall be subject to cancellation by the Secretary of the Interior, with the forfeiture of all rights acquired thereunder and of all payments made thereon. It is further understood and agreed that the evidence of ownership of this water right shall not be issued by the United States unless fee simple title to said land is vested in the application, or in a qualified assignee hereof, whose aggregate water rights under the said Reclamation Act shall not exceed one hundred and sixty acres, or the maximum limit of area fixed by the Secretary of the Interior, at the time when final payment hereon is due, in default of which this application shall be subject to cancellation by the Secretary of the Interior, wi;,h the forfeiture of all rights thereunder and of all moneys paid thereon. Applicant. 633 ACKNOWLEDGMENT. The above application must be signed and sealed in duplicate, acknowledged before a duly authorized officer in the manner provided by local law and duly recorded in the records of the county in which the lands are situated. Filed in the United States Land Office at , and accepted on behalf of (Date.) the United States. Eegister. [SEAL.] If the Secretary of the Interior has entered into a contract with a water users' association under the project, the following certificate must be filled out: , 19.... I HEREBY CERTIFY that the applicant for this water right has duly subscribed (or is the successor in interest of one who has subscribed) for the stock of this association for the lands described herein, and that all assessments levied against said stock by said association have been fully paid up to date. Secretary Water Users ' Association. [Corporate Seal.] OATH OF DISINTERESTEDNESS. (Section 3745, U. S. Revised Statutes.) I do solemnly swear that the copy of contract hereunto annexed is an exact copy of contract made by me personally with that I made the same fairly, without any benefit or advantage to myself, or allow- ing any such benefit or advantage corruptly to the said or any other person; and that the papers accompanying include all those relat- ing to the said contract, as required by the statute in such case made and provided. Sworn to and subscribed before me at this day of , 191... Notary Public. Recorded this day of ,'191. ., in Volume Page , Records of County, State of (Signature of Officer J 634 [4 020a] Form B 1. Department of the Interior. WATER-EIGHT APPLICATION. Act June 17, 1902 (32 Stat., 388). Project. U. S. Land Office No. Lands in Private Ownership. (With Assignment of Credits.) (Date.) I, , do hereby apply for a water right under the .Project, subject to the provisions of the Act of Congress approved June 17, 1902 (32 Stat., 388), known as the Reclamation Act, and the rules and regulations established thereunder, the water supplied in pursuance thereof to be used for the irrigation of, and to be appurtenant to, acres of irrigable land, as shown on plats on file in this office approved by the Secretary of the Interior, within the area described as follows: Section , Township , Range , Meridian, an area of acres. The said land, with all the rights and interests of to the water right appurtenant thereto and to .the payments made thereon has been obtained by me from in the following manner : (Give dates of conveyances or other instruments.) The amount of water to be furnished hereunder shall be acre- feet of water per annum per acre of irrigable land, as aforesaid, measured at the land; or so much thereof as shall constitute the proportionate share per acre from the water supply actually available for the lands under said project: Provided, That the supply furnished shall be limited to the amount of water beneficially used on said irrigable land. I ask to be allowed credit for any and all payments heretofore made by the prior owner under his Water Right Application No , dated , and subject to such credit, I agree to pay for said water right the estimated cost of construction as fixed by the Secretary of the Interior, namely, the sum of $ per acre for the said area of irrigable land, in annual installments, inclusive of all annual installments due under the public notice, and to pay promptly w r hen due the annual installments and the maintenance and operating charges duly assessed against said land on account of said water right. I further agree that upon my failure to comply with the terms of said Reclamation Act and the regulations thereunder, this application shall be subject to cancellation by the Secretary of the Interior, with the forfeiture of all rights acquired thereunder and of all payments made thereon. This application must bear the certificate, as hereto attached, of the water users' association under this project, which has entered into contract with the Secretary of the Interior. If the Secretary of the Interior has made no contract with a water users' association under this project, I agree to file, upon his direction, evidence of membership in the water users ' association organized under the said project; in default of which this application shall be subject to cancellation by the Secretary of the Interior, with the forfeiture of all rights acquired thereunder and of all payments made thereon. And, being duly sworn, I further depose and say that my postoffice address is ; that I am a bona fide resident upon said land (or an occupant thereof, residing in the neighborhood, namely, upon Section , Township , Range , Meridian, a distance in a direct line of miles therefrom) ; that 1 hold the following interest in the said tract: as duly shown upon the records of County, ; that I have made no other application, now 635 uncanceled, for a water right under said Act of Congress, appurtenant to land now owned or claimed by me, except as follows: Application No. , Project, , for Section , Township , Kange , Meridian, an area of acres, and containing acres of irrigable land, as determined by the Secretary of the Interior; and that the present application is made in my own behalf, and not at the instance or for the benefit of any other person or any association or corporation, either directly or indirectly. It is further understood and agreed that if the interest of the applicant in said laud shall cease and said interest shall be held by a party who is not qualified to apply for or hold a water right under the provisions of the Reclamation Act, this application shall be subject to cancellation by the Secretary of the Interior, with the forfeiture of all rights acquired there- under and of all payments made thereon. It is further understood and agreed that the evidence of ownership of this water right shall not be issued by the United States unless fee simple title to said land is vested in me at the time when final payment hereon is due, in default of which this application shall be subject to cancellation by the Secretary of the Interior, with the forfeiture of all rights thereunder and of all moneys paid thereon. (Applicant sign here.) State of County of ss. Subscribed and sworn to before me this day of . 19.. (Seal.) My commission expires. (Official designation of officer.) (This affidavit may be sworn to by any officer authorized to administer an oath.) (If the Secretary of the -Interior has entered into a contract with a water users' ass)ciation under the project, the following certificate must be filled out.) (Place.) (Date.) I hereby certify that the applicant for this water right has duly subscribed for the stock of this association for the lands described herein, and that all assessments levied against said stock by said association have been fully paid up to date. Secretary, Water Users ' Association. (Corporate seal.) Form A. [4021.] HOMESTEADS UNDER THE RECLAMATION ACT. Application No Water Bight, Project, Act of June 17, 1902 (32 Stat., 388). Department of the Interior, Land Office at , 190.. I, , do hereby apply for a water right under the Project, subject to the provisions of the Act of Congress approved June 17, 1902 (32 Stat., 388), known as the Reclam- ation Act, and the rules and regulations established thereunder, the water supplied in pursuance thereof to be used for the irrigation of, and to be ap- purtenant, to, acres of irrigable land, as shown on plats on file in this office approved by the Secretary of the Interior, within the area described as follows : 636 Section , Township , Eange , Meridian, an area of acres; the said land having been entered by me under the said Eeclamation Act by Homestead Application No , on the day of , 19 ... The amount of water to be furnished hereunder shall be acre- feet of water per annum per acre of irrigable land, as aforesaid, measured at the land, or so much thereof as shall constitute the proportionate share per acre from the water supply actually available for the lands under said project: Provided, That the supply furnished shall be limited to the amount of water benefically used on said irrigable land. I agree to pay for said water right the estimated cost of construction as fixed by the Secretary of the Interior, namely, the sum of $ per acre for the said area of irrigable land, in annual installments, and to pay promptly when due the annual installments and the maintenance and operating charges duly assessed against said land on account of said water right. I further agree that, upon my failure to comply with the terms of said Eeclamation Act and the regulations thereunder, this application shall be subject to cancellation by the Secretary of the Interior, with the forfeiture of all rights acquired thereunder and of all payments made thereon. This application must bear the certificate, as hereto attached, of the water users' association under this project, which has entered into contract with the Secretary of the Interior. If the Secretary of the Interior has made no contract with a water users' association under this project, I agree to file, upon his direction, evidence of membership in the water users' association organized under the said project; in default of which, this application shall be subject to cancellation by the Secretary of the Interior, with the forfeiture of all rights acquired thereunder and of all payments made thereon. And, being duly sworn, I further depose and say that I have made no application, now uncanceled, for a water right under said Act of Congress, appurtenant to land now owned or claimed by me, except as follows: Application No , Project, of for Section , Township , Eange , Meridian, an area of acres and containing acres of irrigable land, as determined by the Secretary of the Interior; and that the present application is made in my own behalf and not at the instance or for the benefit of any other person or any association or corporation, either directly or indirectly. Applicant. State of County of ss. Subscribed and sworn to before me this day of , 19. .. (Seal.) My commission expires (This affidavit may be sworn to before any officer authorized to administer an oath.) If the Secretary of the Interior has entered into a contract with a water users' association under the project, the following certificate must be filled out: , 19... I hereby certify that the applicant for this water right has duly sub- scribed for the stock of this association for the lands described herein, and that all assessments levied against said stock by said association have teen fully paid up to date. Secretary, (Corporate seal.) Water Users ' Association. 637 [4 021a.] Form A 1. Department of the Interior. WATER-RIGHT APPLICATION. Act June 17, 1902 (32 Stat., 388). Project. U. S. Land Office No. (With assignment of credits.) I, , do hereby apply for a water right under the Project, subject to the provisions of the Act of Congress approved June 17, 1902 (32 Stat., 388), known as the Reclam- ation Act, and the rules and regulations established thereunder, the water supplied in pursuance thereof to be used for the irrigation of, and to be appurtenant to, acres of irrigable land, as shown on plats on file in this office approved by the Secretary of the Interior, within the area described as follows : Section , Township , Range , Meridian, an area of acres; the said land having been entered by me under the said Reclamation Act by Homestead Application, No , on the day of , 19...., upon relinquish- ment by of his Homestead Entry, No , for the same land and of assignment to me of credits for payments made by said entryman under his Water-Right Application, No , dated , 19 . . . ., under assignment noted hereon. The amount of water to be furnished hereunder shall be acre- feet of water per annum per acre of irrigable land, as aforesaid, measured at the land; or so much thereof as shall constitute the proportionate share per acre from the water supply actually available for the lands under said project: Provided, That the supply furnished shall be limited to the amount of water beneficially used on said irrigable land. I ask to be allowed credit for all payments heretofore made for the water right appurtenant to the above-described land and hereon assigned to me, and, subject to such credit, I agree to pay for said water right the estimated cost of construction as fixed by the Secretary of the Interior, namely, the sum of $ per acre for the said area of irrigable land, in annual installments, inclusive of all annual install- ments due under the public notice, and to pay promptly when due the annual installments and the maintenance and operating charges duly assessed against said land on account of said water right. I further agree that upon my failure to comply with the terms of said Reclamation Act and the regulations thereunder, this application shall be subject to cancellation by the Secretary of the Interior, with the forfeiture of all rights acquired thereunder and of all payments made thereon. This application must bear the certificate, as hereto attached, of the water users' association under this project, which has entered into contract with the Secretary of the Interior. If the Secretary of the Interior has made no contract' with a water users' association under this project, I agree to file, upon his direction, evidence of membership in the water users' association organized under the said project, in default of which this application shall be subject to can- cellation by the Secretary of the Interior, with the forfeiture of all rights acquired thereunder and of all payments made thereon. And, being duly sworn, I further depose and say that I have made no application, now uncanceled, for a water right under said Act of Congress, appurtenant to land now owned or claimed by me, except as follows: Application No , Project, , for Section , Township , Range , Meridian, an area of acres, and containing acres of irrigable land, as determined by the Secretary of the Interior; and that the present application is made in 638 my own behalf, and not at the instance or for the benefit of any other person or any association or corporation, either directly or indirectly. (Applicant sign here.) State of County of 83. Subscribed and sworn to before me this day of , 19. .. (Seal.) (Official designation of officer.) My commission expires (This affidavit may bo sworn to before any officer authorized to administer an oath.) (If the Secretary of the Interior has entered into a contract with a water users' association under the project, the following certificate must be filled out.) (Place.) (Date.) I hereby certify that the applicant for this water right has duly subscribed for the stock of this association for the lands described herein, and that all assessments levied against said stock by said association have been fully paid up to date. Secretary, Water Users ' Association. (Corporate seal.) Assignment of Credits for Payments Made. I, , of , being duly sworn, depose and say that I am the identical person who made Homestead Entry, No , in the Land District, on , 19 . . . . , for Farm Unit in Section , Township , Eange , Meridian; and for value received I hereby assign to all my right and title in and to any credits for charges heretofore paid on the Water-Right Application, No , for the land referred to herein. There are no water-right charges against said land due and remaining unpaid, except (Signature.) Register. On this day of , 19...., before me personally appeared , to me known to be the person described in and who executed the foregoing instrument, and acknowledged that he freely executed the same as therein stated. (Seal.) (Official designation of officer.) [4022.] Act of June 2, 1858. DEPARTMENT OF THE INTERIOR, United States Land Office, , 19 Certificate of Location No issued by the Sarveyor-Genora 1 2t for the claim of or legal representatives. I, , hereby apply to locate with the above- described certificate quarter of section No , in Township Xo , of Range No , containing acres in the district of lands subject to sale at 639 Witness my hand this day of , A. D. 19 . Attest: Register. Register's Office. , 19.... I certify that the above-described tracts have this day been located pur- suant to the application, and that the location is correct, being in accordance with law and instructions. , Register. Register. [4 022a.] County of State of , 19.... To the Commissioner of the General Land Office, Washington, D. C. Sir: The undersigned petitioner would respectfully represent that he is a citizen of , County of , and State of ; and that there is an Island in the in section , Township , Range , State of that said Island has never been surveyed by the United States Government; that he is desirous that the same should be surveyed, in order that it may be disposed of according to the laws of Congress and the regulations of the General Land Office relative to the disposal of lands embraced in fragmentary surveys; and that , of County of , and State of a practical and skillful surveyor, is a suitable person to execute the survey of the same. Note. Whenever the affidavits required to accompany applications for the survey of islands before any officer not a clerk of record, the official char- acter and standing of such officer, whether notary public, justice of the peace, U. S. commissioner, or other officer qualified to administer oaths, should be evidenced by the formal certificate of the clerk of the proper court of record or other competent authority. County of State of , 19.... and citizens of County of , and State of , being duly sworn, upon their oaths say that they have personal knowledge of an Island in , in Section , Township , Range , principal Meridian, State of , application for the survey of which has been made by , of , County of , State of ; that the said Island contains about acres; that the width of the channel between the Island and the nearest main shore is about feet, and the depth thereof at ordinary stages of the water is about feet; that the Island is about feet above high-water mark, not subject to overflow, and the land fit for agricultural purposes; that the configuration of either shore of the mainland has not materially changed since the original survey of the water front on the mainland; that the improvements on said Island are as follows:* that the said improvements were made by and that the value thereof is about dollars. * If there are no Improvements on the Island, it must be so stated. 640 Sworn to and subscribed before me this day of , 19. ... County of State of .- ................................ and ............................. citizens of ...................................... County of .......................... , and State of ............................... , being duly sworn, upon their oaths say that, to their certain knowledge, notice of the application of ............................ , of ................................ County of .......................... , and State of .................................. for the survey of an Island in the ....................... in Section ........ , Township ........ , Eange ........ , ............... principal Meridian, in the State of ..................... , was served upon ............................ and proprietors of the lands on the shores opposite said Island; that the said notice was served by on the day of , 19...., and that each of the above-named coterminous proprietors was per- sonally cognizant of the said applicant's intention thirty days before the date of his application. Sworn to and subscribed before me this day of , 19. County of State of , 19.... We, , being duly sworn, say that we are bona fide owners of the lands upon the shores opposite the Island described in the application for survey made by , bearing date , 19. . . ., and that the notice referred to in the foregoing affidavit of and was served upon us on the day of , 19 Sworn to and subscribed before me this day of , 190. . County of , State of , , 190.. To the Commissioner of the General Land Office, Washington, D. C. Sir: I will execute the survey of the Island described in the application of , of , County of , and State of , at the rates per mile for specific lines allowed by law for the survey of the public lands for the current fiscal year, and as shown by the field notes of the survey. 641 [4024.] NOTICE OF FILING OF ADVERSE CLAIM AGAINST MINERAL APPLI- CATION. Department of the Interior, United States Land Office, Sirs: You will please take notice that on this day of , there was filed in this office by , as claimant of the claim adverse claim against Application for Mineral Patent No , Survey No. of for the claim in Township , Range , Meridian. The parties who filed the adverse claim will be required, within 30 days from the date of such filing, to commence proceedings in a court of competent jurisdiction to determine the question of right of possession, and to prosecute the same with reasonable diligence to final judgment; should such adverse claimants fail to do so, the adverse claim will be considered waived and the application for patent be allowed to proceed on its merits. , Register. , Receiver. This notice must be immediately forwarded to the General Land Office. Dupli- cate to be filed with the case for transmittal with the record. [4 024b.] Department of the Interior, United States Land Office, ( Phice. I (Date.) NOTICE OF FILING MINERAL APPLICATION. Mineral Application, Serial No The Commissioner of the General Land Office. Sir: On , 19.., filed Mineral Application, Serial No. , Survey No , for the , situate in (List alphabetically all locations applied for.) Section , Township , Range , Meridian, Mining District, County, exclusive of conflict with Very respectfully, Register. Note. This notice must show Serial No.; date of filing; survey No., if lode or surveyed placer; alphabetical list of all locations; name or names of applicant or applicants; description if taken by legal subdivisions, section, township, range; mining district and county; and notation of exclusions. [4053.] Department of the Interior, In the United States Land Office At , before the Register and Receiver. The United States of America, Plaintiff, Involving the V. Entry No x f or Defendant. 642 AFFIDAVIT AND MOTION FOR COMMISSION TO TAKE DEPOSITIONS ON INTERROGATORIES. The undersigned, being duly sworn, on his oath says that he is a special agent of the General Land Office and the agent for the plaintiff in the above- entitled case; that the following persons are material witnesses for the plaintiff in said case and reside as stated, to-wit: , residence (County.) (State.) , residence , residence that each of said witnesses and by reason thereof can not be procured to attend the trial of said case before the Register and Receiver at the local land office; and there is hereto attached and made a part hereof the interrogatories to be asked each of said witnesses upon behalf of the plaintiff herein; that due service of notice of plaintiff's intention to take such depositions has been had upon the defendants on , 19.., as more fully appears by the copy of such notice and return thereon herewith filed. Wherefore, the undersigned, as agent for the plaintiff herein, moves that, after ten days from the filing hereof, a commission with all interrogatories attached issue to , a authorized to administer oaths in the County of , State of , commanding him to take the depositions in the commission directed as by law required, at his office at , at 10 a. m., on , 19. ., and from day to day thereafter until taken. Subscribed and sworn to before me this day of , 19.., at (Official designation of officer.) ORDER ALLOWANCE OF MOTION. The foregoing affidavit and motion being considered, and the undersigned being advised, the said motion is this day of , 19. ., allowed and commission will issue. Register. Receiver. [4 061a.] AFFIDAVIT FOR SELECTIONS Under Act of June 4, 1897 (30 Stat., 36). (Forest Reserves.) To be made by the selector, or other credible person cognizant of the facts, before an officer authorized to administer oaths. Before being sworn, affiant should be advised of penalties of a false oath. United States Land Office, , 19.. , being duly sworn according to law, deposes and says that he is a citizen of the United States, and that his post-office address is ; that he is well acquainted with the character and condition of the following- described land, and with each and every legal subdivision thereof, having per- sonally examined the same, to-wit: ; that his personal knowl- edge of said land enables him to testify understandingly with respect thereto; that there is not, within the limits of said land, any known vein or lode of quartz or other rock in place bearing gold, silver, cinnabar, lead, tin, or copper; that there is not, within the limits of said land, any known deposit of coal, or any known placer deposit, oil, or other valuable mineral; that said land con- tains no salt spring, or known deposits of salt in any form, sufficient to render it chiefly valuable therefor; that no portion of said land is claimed for mining purposes under the local customs or rules of miners, or otherwise; that said land is essentially nonmineral in character, has upon it no mining or other improve- ments, and is not in any manner occupied adversely to the selector; and that the selection thereof is not made for the purpose of obtaining title to mineral land, 643 I hereby certify that the foregoing affidavit was read to affiant in my presence before he signed his name thereto; that said affiant is to me personally known (or has been satisfactorily identified before me by ), and I verily believe him to be a credible person and the person he represents himself to be; and that this affidavit was subscribed and sworn to before me at my office in , on this day of , 19 .. [4062.] NON-MINERAL AFFIDAVIT. This affidavit can be sworn to only on personal knowledge, and can not be made on information and belief. The Non-Mineral Affidavit accompanying an entry of public land must be made by the party making the entry, and only before the officer taking the other affidavits required of the entryman. Department of the Interior, United States Land Office, , 190.. , being duly sworn according to law, deposes and says that he is the identical who is an applicant for Government title to the ; that he is well acquainted with the character of said described land, and with each and every legal subdivision thereof, having frequently passed over the same; that his personal knowledge of said land is such as to enable him to testify understandingly with regard thereto; that there is not, to his knowledge, within the limits thereof, any vein or lode of quartz or other rock in place, bearing gold, silver, cinnabar, lead, tin, or copper, or any deposit of coal; that there is not within the limits of said land, to his knowledge, any placer, cement, gravel, or other valuable mineral deposit; that the land contains no salt spring, or deposits of salt in any form sufficient to render it chiefly valuable therefor; that no portion of said land is claimed for mining purposes under the local customs or rules of miners or otherwise; that no portion of said land is worked for mineral during any part of the year by any person or persons; that said land is essentially non-mineral land, and that his application therefor is not made for the purpose of fraudulently obtaining title to the mineral land, but with the object of securing said land for agricultural purposes; that the said land is not occupied and improved by any Indian, and that his post- office address is I hereby certify that the foregoing affidavit was read to affiant in my presence before he signed his name thereto; that said affiant is to me person- ally known (or has been satisfactorily identified before me by ), and that I verily believe him to be a credible person and the person he repre- sents himself to be, and that this affidavit was subscribed and sworn to before me at my office in , within the land district on this day of . ,, 19.. Note. The officer before whom the deposition is taken should call the attention of the witness to the following section of the Revised Statutes, and state to him that it is the purpose of the Government, if it be ascertained that he testifies falsely, to prosecute him to the full extent of the law: Revised Statutes of the United States. Title LXX. Crimes. Chap. 4. Sec. 5392. Every person who, having taken an oath before a competent tribunal, officer, or person, in any case in which a law of the United States authorizes an oath to be administered, that he will testify, declare, depose or cer- tify truly, or that any written testimony, declaration, deposition, or certificate by him subscribed is true, willfully and contrary to such oath states or subscribes any material matter which he does not believe to be true, is guilty of perjury, and shall be punished by fine of not more than two thousand dollars, and by imprisonment, at hard labor, not more than five years; and shall, moreover, thereafter be incapable of giving testimony in any court of the United States until such time as the judgment against him is reversed. (See Sec. 1750.) State of Missouri, County of , ss. On this day of , 19. ., before me within and for the County and State aforesaid, personally appeared , who, being 644 first duly sworn upon his oath, says that the , Section , Township N., Eange , 5th Principal Meridian, is not claimed by any one as an actual settler or otherwise, other than himself. That I am a native born citizen of the United States. Subscribed and sworn to before me this, the day of , 19. . State of Missouri, County of , ss. On this, the day of , 19.., before me person- ally appeared and ,.-, who being first duly sworn, upon their oaths depose and say that the , Section , Township N, Range , 5th P. M., is not claimed by any one as an actual settler or otherwise, other than the above named affiant Witnesses: Subscribed and sworn to before me this day of , 19. [4 062a.] NON-SALINE AFFIDAVIT. Department of the Interior, United States Land Office, , 19.. , being duly sworn according to law, deposes and says that he is the identical who is an applicant for Government title to the ; that he is well acquainted with the character of said described land, and with each and every legal subdivision thereof, having frequently passed over the same; that his personal knowledge of said land is such as to enable him to testify understandingly with regard thereto; that there is not, to his knowledge, within the limits thereof, any salt spring, or deposits of salt in any form, such as make it chiefly valuable on account thereof; that no portion of said land is claimed for saline purposes; that said land is essentially non-saline land, and that his application therefor is not made for the purpose of fraudu- lently obtaining title to saline land, but with the object of securing said land for agricultural purposes, and that his post-office address is I hereby certify that the foregoing affidavit was read to affiant in my presence before he signed his name thereto; that said affiant is to me person- ally known (or has been satisfactorily identified before me by ), and that I verily believe him to be a credible person and the person he repre- sents himself to be, and that this affidavit was subscribed and sworn to before me at my office in , within the land district, on this day of . ,, 19.. Note. This affidavit can be sworn to only on personal knowledge, and can not be made on information and belief, and only before the officer taking the other affidavits required of the entryman. The officer before whom the deposition is taken should call the attention of the witness to the following section of the Kevised Statutes, and state to him that it is the purpose of the Government, if it be ascertained that he testi- fies falsely, to prosecute him to the full extent of the law: Eevised Statutes of the United States. Title LXX. Crimes. Chap. 4. Sec. 5392. Every person who, having taken an oath before a competent tribunal, officer, or person, in any case in which a law of the United States authorizes an oath to be administered, that he will testify, declare, depose, or certify truly, or that any written testimony, declaration, deposition, or certifi- cate by him subscribed is true, willfully and contrary to such oath states or subscribes any material matter which he does not believe to be true, is guilty of perjury, and shall be punished by a fine of not more than two thousand dol- lars, and by imprisonment, at hard labor, not more than five years; and shall, moreover, thereafter be incapable of giving testimony in any court of the United States until such time as the judgment against him is reversed. (See Sec. 1750.) 645 [4067.] Department of the Interior. ADJOINING FARM HOMESTEAD. (Section 2291, Eevised Statutes.) U. S. Land Office, Serial No Final Affidavit. I, , of , having made a Homestead Entry of Sec- tion , Township , Range , Meridian, subject to entry at , Serial No , for the use of an adjoining farm owned (Name of land office.) and occupied by me on the , Section , Township , Range , Meridian, under Section 2289 of the Revised Statutes, do now apply to perfect my claim thereto by virtue of Section 2291 of the same, and for that purpose do solemnly swear that I am a citizen of the United States; that I have continued to own and occupy the land constituting my original farm, having resided thereon since the day of , 19. ., to the present time, and having made use of the said entered tract as a part of my homestead, and have improved the same in the following manner, viz.: , that no part of said land has been alienated, but that I am the sole bona fide owner as an actual settler; that I will bear true allegiance to the Government of the United States; and further, that I have not heretofore perfected or abandoned an entry under the homestead laws. (Sign here, with full Christian name.) Note. Every person swearing falsely to the above affidavit will be pun- ished as provided by law for such offense. (See Sec. 5392, R. S.) [4069.] Department of the Interior, United States Land Office, (For taking the testimony of Claimant and his witnesses in making commuta- tion proof, use the prescribed forms for ' ' Homestead Proof. ' ' AFFIDAVIT REQUIRED OF CLAIMANT IN COMMUTED HOMESTEAD ENTRIES. I, , claiming the right to commute, under Section 2301 of the Revised Statutes of the United States, my Homestead Entry, No , made upon the Section , Township , Range , Merid- ian, do solemnly swear that I made settlement upon said land on the day of , and that since such date, to-wit: on the day of , I have built a house on said land, and have continued to reside therein up to the present time ; that I have broken and cultivated acres of said land, and that no part of said land has been alienated, except as provided in Section 2288 of the Revised Statutes, but that I am the sole bona fide owner as an actual settler. I further swear that I have not heretofore perfected or abandoned an entry made under the homestead laws of the United States, except (Sign here, with full Christian name.) Subscribed and sworn to before me this day of , 19. . . ., at my office at in County, (Official designation.) [4070.] Homestead Proof. FINAL AFFIDAVIT REQUIRED OF HOMESTEAD CLAIMANTS. Section 2291 of the Revised Statutes of the United States. I, , having made a Homestead entry of the Section No. , in Township No , of Range No , subject to entry at , under Section No. 2289 of the Revised Statutes of the United States, do now apply to perfect my claim thereto by virtue of Section No. 2291 of the Revised Statutes of the United States; and for that purpose do solemnly 646 that I am a citizen of the United States; that I have made actual settlement upon and have cultivated said land, having resided thereon since the day of , 1..., to the present time; that no part of said land has been alienated, except as provided in Section 2288 of the Eevised Statutes, but that I am the sole bona fide owner as an actual settler; that I will bear true alle- giance to the Government of the United States; and further, that I have not heretofore perfected or abandoned an entry made under the homestead laws of the United States, except I, , do hereby certify that above affidavit was subscribed and sworn to before me this day of , 190. ., at my office at ....... in County, [4072.] APPLICATION TO CONTEST. (Note. This application must be filed in duplicate.) Serial No. . . Contest No. Department of the Interior, United States Land Office, I, the undersigned, , residing at , being duly sworn, upon my oath state: That I am well acquainted with the tract of land embraced in entry, Serial No , made on , 19.., by , whose present place of residence is , State of , for the Section , Township , Range , Meridian, and know the present condition of the same; that said land is in character; that in so far as I know the said entry is the only proceeding now pending for trhe acquisition of title to said land except that said (Here state fully the grounds of the contest.) that I claim an interest in or desire and intend, if permitted to do so, to acquire title to the said land under the provisions of law, and state the following facts which show my qualifications to do so: I am not under the age of twenty-one years, I am a citizen of the United States, or have declared my intention to become such, I have not heretofore made any entry which would disqualify me from making entry under the above-mentioned law, I have not since August 30, 1890, acquired title to, nor am I now claiming under any of the agricultural land laws, an amount of land which, together with the land described above, or the part thereof which I desire to enter, will exceed in the aggregate 320 acres, and I am not the proprietor of more than 160 acres of land in any State or Territory; and I further swear that this contest is not being collusively or speculatively initiated, but is being instituted and will be diligently prosecuted in good faith for the sole privilege of acquiring title to said land or some part thereof in my own and sole interest. I, therefore, ask that I be permitted to prove the allegations made in this affidavit at such time and place as may be named therefor, and that after proving said allegations, and my payment of all the costs incurred in this proceeding, I be permitted to make entry of said lands or a part thereof under the laws above specified. I desire that all papers affecting this contest be served upon me at the following address : (Signature.) I hereby certify that the foregoing affidavit was subscribed and sworn to before me by the affiant named therein, after it had been read to or by him, in my presence, in on this day of , 191.., he, the said affiant, being well known to me to be the same person he therein represents himself to be, or having been fully made known to me as such person by , of , who is well known to me. (Official designation.) Also appeared, at the . same time and place, , residing at , and , residing at , who being duly (Post-office address.) 647 sworn, depose and say: That they are acquainted with the tract described in the above affidavit, and know from personal knowledge and observation that the statements therein made are true. I hereby certify that the foregoing affidavit was read to or by affiants in my presence before affiants affixed signatures thereto; that affiants are to me personally known (or have been satisfactorily identified before me by ); and that the said affidavit was duly subscribed before me at this day of , 191.. (Official designation.) Note. If the application is filed by a person not seeking to acquire title to or claiming an interest in the land, or by one who does not show his quali- fications as an entryman, it must be referred to the Chief of Field Division. [4 072a.] NOTICE OF CONTEST. (For personal service.) Serial No. . . Contest No. Department of the Interior, United States Land Office. To of , Contestee : You are hereby notified that , who gives as his post-office address, did on , 191. ., file in this office his duly corroborated application to contest and secure the cancellation of your , Entry No. (Kind of entry.) , Serial No , made , 19. ., for , Section , Town- ship , Eange , Meridian, upon the grounds set forth in the copy of said application to contest which is attached to and made a part of this notice. You are, therefore, further notified that the said allegations will be taken by this office as having been confessed by you, and your said entry will be canceled thereunder without your further right to be heard therein, 'either before this office or on appeal, if you fail to file in this office, within thirty days after service of this notice, your answer, under oath, specifically meeting and responding to these allegations of contest, or if you fail within that time to file in this office due proof that you have served a copy of your answer on the said contestant, either in person or by registered mail. If this service is made by the delivery of a copy of your answer to the contestant in person, proof of such service must be either the said contestant's written acknowledg- ment of his receipt of the copy, showing the date of its receipt, or the affidavit of the person by whom the delivery was made stating when and where the copy was delivered; if made by registered mail, proof of such service must consist of the affidavit of the person by whom the copy was mailed, stating when and the post-office to which it was mailed, and this affidavit must be accompanied by the postmaster 's receipt for the letter. You should state in your answer the name of the post-office to which you desire future notices to be sent to you. , Register. , Receiver. PROOF OF PERSONAL SERVICE. State of , County of , ss. , being first duly sworn, on his oath Bays, that he is over the age of 18 years; that on , 191.., he served the above notice of contest (Signature.) Subscribed and sworn to before me , 191. . (Official designation.) * See Rule of Practice 7 as to the manner of making personal service. 648 [4 072b.] AFFIDAVIT AND OKDEE FOR PUBLICATION OF NOTICE OF CONTEST. Serial No. . Contest No. Department of the Interior. United States Land Office. v. Contest of , Entry No , dated , 19.., for the of Sec , Twp , R State of , County of , ss.: .- , being duly sworn, deposes and says that he is in the above-entitled contest; that he has, with a view to obtaining personal service of the notice, made diligent search and inquiry for the defendant within the last fifteen days, as follows: That he has made personal inquiry of , postmaster at , the address of record, and of , postmaster at , that being the nearest post-office to the land involved, as to the place of residence or whereabouts of said , and that he has made like inquiry of , who reside in the immediate neighborhood of said land, and from his own personal knowledge, as well as the information acquired from said parties, states that said abandoned said land and went to , in the State of , on or about the day of , 1 . . . ; that he has since that time been absent from said land and can not be found, and that his last place of residence or post-office address was and on account thereof a personal service of the notice of said contest can not be made. Wherefore affiant asks for an order to serve the said notice by publication. Subscribed and sworn to before me this day of , 191. . (Seal.) It appearing to the satisfaction of this office, from the foregoing affidavit, that personal service of the notice of said contest can not be made upon the defendant, it is hereby ordered that notice of contest be served upon the defend- ant by publication, pursuant to the rules of practice in such cases made and provided. , Register. , Receiver. Note. Personal service is required in all cases where the defendant can be found, whether he is a resident or nonresident of the State. [4 072c.] NOTICE OF CONTEST. (For publication.) Department of the Interior. United States Land Office. To , of , Contestee : You are hereby notified that , who gives , , as his post-office address, did on , 19.1. ., file in this office his duly corroborated application to contest and secure the cancellation of your , Entry (Kind of ontry.) No , Serial No , made , 19 . . , for , Section , Township , Range , Meridian, and as grounds for his con- test he alleges that (Here state grounds of contest.) You are, therefore, further notified that the said allegations will be taken 649 by this office as having been confessed by you, and your said entry will \)e canceled thereunder without your further right to be heard therein, either before this office or on appeal, if you fail to file in this office within twenty days after the fourth publication of this notice, as shown below, your answer, under oath, specifically meeting and responding to these allegations of contest, or if you fail within that time to file in this office due proof that you have served a copy of your answer on the said contestant either in person or by registered mail. If this service is made by the delivery of a copy of your answer to the contestant in person, proof of such service must be either the said contestant's written acknowledgment of his receipt of the copy, showing the date of its receipt, or the affidavit of the person by whom the delivery was made, stating when and where the copy was delivered; if made by registered mail, proof of such service must consist of the affidavit of the person by whom the copy was mailed, stating when and the post-office to which it was mailed, and this affidavit must be accompanied by the postmaster's receipt for the letter. You should state in your answer the name of the post-office to which you desire future notices to be sent to you. , Register. , Receiver. Date of first publication Date of second publication Date of third publication Date of fourth publication Copy of this notice, as published, together with copy of the affidavit of contest, must be sent by the contestant, within 10 days after the first publica- tion, by registered mail, directed to the party for service upon whom such publication is being made, at the last address of such party as shown by the records of the Land Office, and also at the address named in the affidavit for publication, and also at the post-office nearest the land. Copy of this notice, as published, must be posted in the office of the register, and also in a conspicuous place upon the land involved, such posting to be made within 10 days after the first publication of notice as hereinabove pro- vided. [4 072d.] ANSWER BY CONTESTEE. Serial No Contest No Department of the Interior, United States Land Office. Contest of , Entry No , dated , 19. . x for the , See , Tp , R State of , County of , ss.: , defendant in the above-entitled case, being first duly sworn, for answer to the application to contest says that I desire that all notices or other papers shall be sent to me for service at the following address : Subscribed and sworn to before me this day of , 191 . . PROOF OF SERVICE. , being first duly sworn, deposes and says that on , 19. ., he served the above answer by* Subscribed and sworn to before me this day of , 191. . See "Notice of Contest," Form 4 072a, for method of service of answer. 650 [4 072e.] NOTICE OF HEARING. Serial No. . , Contest No. Department of the Interior, United States Land Office. A sufficient contest affidavit having been filed in this office by , contestant, against , Entry No , Serial No , made (Kind of entry.) , for , Section , Township , Eange , Meridian, by , Contestee, in which it is alleged that , and the said contestee having filed a sufficient answer thereto, said parties are hereby notified to appear, respond, and offer evidence touching said allegation at 10 o'clock a. m. on , 191.., before *(and that final hearing will be held at 10 o'clock a. m. on 191. ., before) the Register and Receiver at the United States Land Office in , Register. , Receiver. * If the testimony is to be taken before the Register and Receiver, and not under Rule 28, the words in () parentheses should be erased. [4 072f.] Department of the Interior, United States Land Office. (Place.) (Date.) V. To '.'.".'.'.*'.'.'.'.*'.'.'.'.'.'.'.'.'.'.'.'.'.'. Sir: You are hereby notified that by letter of even date herewith we have transmitted to the General Land Office the papers in the above-entitled case, involving entry No for , with our recommendation that the entry be canceled for failure to file answer to the allegations of the contest. Very respectfully, , Register. , Receiver. [4 072g.] Department of the Interior, United States Land Office. (Place.) (Date.) Commissioner of General Land Office. Sir: We transmit herewith all the papers in the contest of v. , involving Entry No , made for Notices were issued and proof of due service of a copy of the contest affidavit and notice upon the contestee was filed by the contestant on The contestee has failed to file answer within the time allowed, and we therefore recommend the cancellation of the entry. Both parties have been notified by registered mail of the action taken. Very respectfully, , Register. , , Receiver. 651 [4073.] Department of the Interior. FINAL AFFIDAVIT. Act June 17, 1902 (32 Stat., 388). Project. U. S. Land Office Serial No. (Date.) I, , having filed in the local land office at Water Eight Application, No , subject to the provisions of the Act of Congress approved June 17, 1902 (32 Stat., 388), and the acts amendatory thereof or supplementary thereto, and the rules and regulations thereunder, embracing acres of irrigable land within Section , Township , Range , Meridian, an area of acres, as shown by the approved plat on file in the local land office, in order to perfect a right to the use of water appurtenant to said irrigated land by virtue of the aforesaid Act of Congress, do solemnly swear (or affirm) that I have made Homestead Entry, No , for the tract of land hereinbefore described, subject to the afore- said Acts of Congress, and have made the necessary final proof of residence, cultivation, and improvement as required by the general homestead laws; that (Here state briefly compliance with the regulations requiring that one-half of the irrigable area must be cleared and leveled, sufficient laterals constructed, land put in proper condition, watered, cultivated, and at least one satisfactory crop raised thereon.) and that I have made full payment for the said area of irrigable land of the estimated building charge assessed against it in connection with this project, being $ , and all operation and maintenance charges due at this date. (Signature.) State of , County of , ss.: Subscribed and sworn to before me this day of , 191. . (Seal.) (Official designation of officer.) My commission expires (This affidavit may be sworn to by any officer authorized to administer an oath.) and being duly sworn, depose and say that they have read the foregoing; that they are well ac- quainted with the affiant and the land described; and that to their personal knowledge know that the statements in regard to the residence upon or occupancy thereof and the reclamation of said land are true. Subscribed and sworn to before me this day of , 191. . (Seal.) (Official designation of officer.) [4 074a.] (Affidavit required of parties appearing as assignees of original entrymen.) DESERT-LAND ENTRY. (Acts of March 3, 1877, and March 3, 1891.) I, , of , claiming to be assignee of , who made entry No of the of section , in township of range , on the day of 19.., at the district land office at , do solemnly swear that I am a bona fide resident citizen of the State or Territory of ,and a citizen of the United States, or have declared my intention to become a citizen of the United States; that the said , who made said entry, did on the day of , 19.., transfer his right, thereunder to me, by virtue of deed or instrument of writing of which a certified copy is here* 652 with attached; and further, that I do not hold by assignment or otherwise more than three hundred and twenty acres of land entered under said acts, the only lands so held by me being described as follows, and being embraced in entries indicated as follows, viz:* ; that since August 30, 1890, I have not acquired title to, nor am I now claiming under any of the agricultural public land laws, an amount of land which, together with the land now applied for, will exceed in the aggregate three hundred and twenty acres, except* My postoffice address is (Sign plainly, with tull Christian name.) Sworn to and subscribed before me this day of , 19.., at my office in County *Here insert statement of land of entries in form following, viz: " of section , township of range , entered by , on the day of , 19 . . . . , entry No , series. ' ' [4 074b.] Form approved by the Secretary of the Interior, July 9, 1912. Department of the Interior. DESEKT LAND ENTEY. TL S. Land Office , No Yearly Proof. Testimony of Claimant. (Eead carefully the instructions on the back hereof.) I, , do solemnly swear that I am the (Give full Christian name.) who made Desert-Land Entry No , of the " , (Insert "same person" or "assignee of" giving name of original entryman.) Section , Township , Range , Meridian, containing acres, situated in (County and State.) at the Land office, under the Desert-Land Laws of the United States; that I am a bona fide resident citizen of the State of (or that on I removed to (Date of removal.) for the reason that ) ; (Occasion for removal.) that my post-office address is ; that during the year after making said entry I expended in improvements necessary for the ultimate reclamation of the land, the sum of , being not less than one dollar per acre of the area thereof, the expenditure of which is fully set forth in the following items, to wit: In the actual construction of reservoirs, dams, canals, ditches, laterals, wells (claimant will cross out the items not alleged), the water from which is to be used for irrigating said land located $ In the purchase of (Materials or machinery.) actually used in constructing or actually installed for In building a fence located In the first clearing or breaking of acres in the (Give location.) In surveying for the purpose of ascertaining levels for. In cash payment for stock in Company, a receipt for which is hereto attached together with the 653 certificate required under par. 18 of the Desert-Land Circular approved Sept. 30, 1910 (39 L. D., 253). Further expenditures: Remarks, such as length and capacity of ditches, etc., (Sign here, with fuli Christian name.) Note. Every person swearing falsely to the above affidavit will be pun- ished as provided by law for such offense. (See Sec. 125, U. S. Criminal Code.) I hereby certify that the foregoing affidavit was read to or by affiant in my presence before affiant affixed signature thereto; that affiant is to me personally known (or has been satisfactorily identified before me by ) ; that I verily believe affiant (Give full name and post-office address.) to be the identical person herein oef ore described; and that said affidavit was duly subscribed and sworn to before me, at my office, in , , , within the (Town.) (County.) (State.) land district, this day of , 191 . . (Official designation of officer.) Affidavit to Be Made Only in Case Proof Is Taken Outside of County. I solemnly swear that , whose office ia (Officer before whom proof is executed.) approximately miles from the entry and outside the county in which the land is situated, is the officer nearest to (or most accessible from) the land authorized to administer oaths in desert-land cases, within the land dis- trict, for the reason that the office of , the nearest officer within the county before whom the proof might have been executed, is located (Facts as to nearness or accessibility of officer in county.) (Sign here, with full Christian name.) Sworn to before me this day of , 191 . (Designation of officer.) Testimony of Witness. (Read carefully the instructions on the back hereof.) I, , of , do (Give full Christian name.) (Give full post-office address.) solemnly swear that I am well acquainted with the land hereinbefore described and embraced in Desert-Land Entry No , made at the Land Office, by , and there was expended for the ultimate reclamation of said land during the year after date of entry the sum of dollars as is specifically set forth in the following items, to-wit: (Cost of materials and labor to be itemized separately.) My knowledge in regard to the existence of said improvements was obtained from personal examination, and the values thereof are reasonably stated. (Sign here, with full Christian name.) Note. Every person swearing falsely to the above affidavit will be punished as provided by law for such offense. (See Sec. 125, U. S. Criminal Code.) I hereby certify that the foregoing affidavit was read to or by affiant in my presence before affiant affixed signature thereto; that affiant is to me per- 654 sonally known (or has been satisfactorily identified before me by ) ; that I verily believe affiant to be (Give full name and post-office address.) the identical person hereinbefore described; and that said affidavit was duly subscribed and sworn to before me, at my office, in , , , within the (Town.) (County.) (State.) land district, this day of , 191 . . (Official designation of officer.) Testimony of Witness. I, , of , (Give full post-office address.) (Give full Christian name.) do solemnly swear that I am well acquainted with the land hereinbefore described and embraced in Desert-Land Entry No , made at the Land Office, by , and there was expended for the ultimate reclamation of said land during the year after date of entry the sum of dollars as is specifically set forth in the following items, to-wit: (Cost of materials and labor to be itemized separately.) My knowledge in regard to the existence of said improvements was obtained from personal examination, and the values thereof are reasonably stated. (Sign here, with full Christian name.) Note. Every person swearing falsely to the above affidavit will be punished as provided by law for such offense. (See Sec. 125 U. S. Criminal Code over.) I hereby certify that the foregoing affidavit was read to or by affiant in my presence before affiant affixed signature thereto; that affiant is to me personally known (or has been satisfactorily identified before me by ) ; that I verily believe affiant to be (Give full name and post-office address.) the identical person hereinbefore described; and that said affidavit was duly subscribed and sworn to before me, at my office, in , , , within the (Town.) (County.) (State.) land district, this day of , 191 . . (Official designation of officer.) Bead Carefully Before Preparing the Affidavits. The law requires an expenditure of not less than three dollars per acre, for the entire area entered, in the necessary irrigation, reclamation, and culti- vation of the land, by means of main canals and branch ditches, and in the permanent improvements upon the land. During the first year after entry the claimant must file with the Eegister proof, consisting of his own affidavit and the separate affidavits of two wit- nesses, taken at the same time and place and before the same officer taking the claimant's acknowledgment, that the full sum of one dollar per acre, for the entire area, has been so expended, and like proof must be made for each year thereafter until the full sum of three dollars per acre has been expended; and at the end of the third year the claimant must file a map or plan showing the character and extent of the improvements. Expenditures for Which Proof Will Not Be Accepted. No proof of expenditure will be accepted unless the expenditure was essen- tial to the actual or ultimate reclamation of the land. 655 A dwelling house is not essential to reclamation, and no allowance will be made therefor. Plowing, after the first breaking of the land, seeding land to crops, irri- gating, cultivating, and harvesting crops are not items for which proof of expenditure will be accepted. The cost of windmill or pump will not be allowed unless it is specifically shown that the same was essential to the contemplated mode of irrigation and was not installed for domestic uses. The cost of material for necessary construction work will cot be allowed unless it actually has been applied to that use, and it must be so stated in the affidavit. The cost of tools, implements, wagons, and repairs to same, used in con- struction work, can not be computed in the cost of construction. No expenditure for surveying will be allowed unless it is specifically stated that it was for the purpose of establishing lines and levels of canals and ditches. Expenditures for Which Proof Will Be Accepted. Cost of constructing storage reservoir, well, canals, ditches, and main- taining same. The cost of each item must be stated separately, and the length, capacity, and location of the ditches and canals must be given. Cost of water right, if accompanied with evidence of cash payment and the certificate required under par. 18 of the Desert-Land Circular approved September 30, 1910 (39 L. IX, 253). Cost of clearing land, if it is shown to be the first clearing. The extent, character, and location of all clearing must be fully set forth. Cost of first plowing or breaking. All claim for plowing or breaking must specifically state that it was the first plowing or breaking of the soil, and the area and location of the land broken must be stated. Cost of fencing necessary to protect the land for the purpose of reclama- tion, the length, kind, and location to be stated. Cost of any permanent improvement essential to the reclamation of the land, provided its purpose or use is shown. Be specific. Set forth in detail the nature, character, and purpose of all improvements, and state cost of each separately. Sec. 125, U. S. Criminal Code. Whoever, having taken an oath before a competent tribunal, officer, or person, in any case in which a law of the United States authorizes an oath to be administered, that he will testify, declare, depose, or certify truly, or that any written testimony, declaration, deposition, or certificate by him sub- scribed is true, shall willfully and contrary to such oath state or subscribe any material matter which he does not believe to be true, is guilty of perjury, and shall be fined not more than two thousand dollars and imprisoned not more than five years. Note. In addition to the above penalty, every person who knowingly or willfully in anywise procures the making or presentation of any false or fraudulent affidavit pertaining to any matter within the jurisdiction of the Secretary of the Interior may be punished by fine or imprisonment. 656 [4076.] Department of the Interior, United States Land Office AFFIDAVIT IN CONTESTED CASES UNDER THE SWAMP-LAND GRANT. State of County of ss. On this day of , personally appeared before me, the undersigned, , in said State, , who, being by me duly sworn, deposes and says that he is well acquainted with the character of the soil in the following- described tract of land, to wit : Section , Township , Eange , Meridian, in the district of lands subject to sale at , in the State aforesaid, and being in the County of ; that he has been over and examined the lines of said land, and the marks or designations on the corner posts or trees, and, from such examination, has ascertained and knows the greater part of each 40-acre tract or other smallest legal subdivision thereof to be dry and fit for. cultivation, without artificial drainage or embankment, and free from such regular periodical overflow, either at the planting, growing, or harvesting season, as would materially injure or destroy a crop; that the growth on said land consists of and that the growth on the adjoining tract consists of And further, that such, he believes, was the character thereof on the 28th of September, 1850, the day on which the Swamp-Land Law was passed. (Signature.) Subscribed and sworn to before me on the day aforesaid. Also appeared before me at the same time and place and , who being duly sworn, depose and say that they are acquainted with the tract described in the above affidavit of , and know from personal knowledge and observation that the statements made therein are true. Subscribed and sworn to before me on the day aforesaid. (Official designation.) The above affidavit may be made before the Register of the Land Office. Where that can not be conveniently done it may be made before any officer authorized to administer oaths, and in that case his official character must be certified under seal. [4081.] Department of the Interior. In the United States Land Office At , before the Register and Receiver. L'tiK UJNITKD STATUS Uf AMERICA, Plaintiff, Involving the v. ..Entry No for AFFIDAVIT AND MOTION FOR COMMISSION TO TAKE DEPOSITIONS ORALLY AND NOT ON INTERROGATORIES. The undersigned, being duly sworn, on his oath says that he is a special agent of the General Land Office and the agent for the plaintiff in the above- 657 entitled case; that the following persons are material witnesses for the plaintiff in said case and reside as stated, to wit: , residence (County.) (State.; , residence , residence that each of said witnesses and by reason thereof can not be procured to attend the trial of said case before the Register and Eeceiver at the local land office; that due service of notice of plaintiff's intention to take such depositions was had upon the defendants herein on , 191 .., as more fully appear by the copy of such notice and return thereon herewith filed. Wherefore, the undersigned, as agent for the plaintiff herein, moves that a commission issue to , a authorized to administer oaths in the County of , State of , commanding him to take the depo- sitions of the above-named witnesses and such other witnesses as may be produced on behalf of the plaintiff or of the defendants herein, orally by question and answer, to be by the said commissioner reduced to writing and properly returned as by law required at his office at , at 10 a. m., on , 191.., and from day to day there- after until taken. Subscribed and sworn to before me this day of , 191..., at (Official designation of officer.) ORD-EB. ALLOWANCE OF MOTION. The foregoing affidavit and motion being considered, and the undersigned being advised, the said motion is this day of , 191..., allowed, and commission will issue. Register. Eeceiver. [4082.] Department of the Interior. In the United States Land Office, At , before the Eegister and Eeceiver. THE UNITED STATES OF AMERICA, Plaintiff, Involving the . Entry No for Defendants. COMMISSION TO TAKE DEPOSITION ORALLY AND NOT ON INTERROGATORIES. To , Greeting: Know you, that you are hereby vested with full power and authority to conduct the hearing, take the testimony, and administer oaths to witnesses, at your office at on the day of , 19...., at 10 a. m., and daily thereafter, as you shall from time to time said hearing adjourn, and until the same is com- plete as to all witnesses then before you produced on behalf of either* the plaintiff or the defendant in the above-entitled case; that you should admin- ister an oath to each of said witnesses before testifying, that he will tell the truth, the whole truth, and nothing but the truth; and that you will cause all questions addressed to said witness by counsel for either plaintiff or 638 defendants, together with the answer tT> such question, to be written out as given, and that the whole thereof for each witness you will cause to be read over to said witness and have said witness subscribe and swear thereto in the usual manner before said witness is discharged; that you will also cause to be written out in the record, at the time made, such motions and objections as respective counsel may make; *that you are authorized to issue subpoenas for such witnesses as may be required by plaintiff or defendants and deliver the same to said plaintiff or defendants or their attorneys for service; that if any witness is duly subpoenaed at least five days prior to said hearing but fails to attend in pursuance of said subpoena, you will make due return thereon; that when the testimony of all witnesses offered on behalf of plaintiff and defendant shall have been taken you will attach thereto your certificate, stating that each said witness was duly sworn before testifying, that the testimony, question, and answer as written was read over to him before he subscribed the same and that he thereupon subscribed the same at the time and place therein mentioned; the said depositions and certificates, together with this certificate, you will then seal up, indorse the title of this cause upon the envelope, and the whole return by mail or express with all possible dispatch, to be used on the trial of the above-entitled case now pending before us. (Strict compliance with Rule of Practice 39, effective February 1, 1911, is required.) Register. Receiver. *Where testimony is to be taken under Rule 28 of Practice, this sentence should be stricken out. RETURN OF COMMISSION. According to the command of the within writ, I did, on the day of , 19...., at 10 a. m., and daily thereafter until complete, at my office at , execute the power and authority upon me conferred, in this, that I then and there called said hearing and that the following persons, to wit: w then and there appeared as witnesses before me in said cause and were by me each first duly sworn to tell the truth, the whole truth, and nothing but the truth in said action, and each of said witnesses being so sworn was examined and testified as in his said hereto-attached deposition does appear, and that all objections and motions made on behalf of plaintiff or defendant are set out in said depositions; that the within depositions are all the ques- tions and answers, motions, and objections made at said hearing, and that I caused the same to be written out, and the whole when completed as to each witness was read over to such witness and by him so above sworn was sub- scribed under oath before discharged; that to each of said depositions I then attached by certificate, stating that the same was subscribed and sworn to by the said witness at the time and place above mentioned. (Official designation of officer.) Note. If the officer designated to take the deposition has an official seal, his certificates must bear such seal; if he has no seal, a proper certificate of his official character, under seal, must accompany his return. [4083.] STIPULATION. 1 Contest involving. Plaintiff. Defendant. It is hereby stipulated and agreed by and between the parties hereto that the oral testimony and proceedings taken and had at a hearing in the abOTe- entitled case before on . . 659 19 . . . . , may be taken down in shorthand by stenographer, and by afterwards transcribed, and that the transcribed record, when sworn to by said stenographer as being a full, true, and correct record of all the testimony and proceedings taken and had at said hearing, shall be received and considered in all respects as if the witnesses testifying at said hearing had subscribed the testimony respectively given by them, the signatures of said witnesses being specifically waived. (Applicable to Nebraska Only.) [4-093.] (Form approved by the Secretary of the Interior January 19, 1912.) Department of the Interior. ISOLATED OR DISCONNECTED TRACTS. U. S. Land Office, No Affidavit of Purchaser. (Section 3, Act March 2, 1907.) I, ( ), being first (Male or female.) duly sworn, upon oath state that my postoffice address is ; that I am the purchaser of , Section , Township , Range , Meridian, con- taining acres, in Nebraska, under the Act of June 27, 1906 (34 Stats., 517), as amended by section 3 of the Act of March 2, 1907 (34 Stats., 1224) ; that I (Insert statement that affiant is a native-born or naturalized citizen, or has declared intention to become such, as the case may be. Record evidence of naturalization or declaration of intention must be furnished.) citizen of the United States; that said purchase is made for my own use and benefit, and not, directly or indirectly, for the use and benefit of any other person; that I have not heretofore purchased under the provisions of said Act, either directly or indirectly, any lands, except (Give description of lands heretofore purchased under this act, if any.) (Sign plainly with full Christian name.) Note. Every person swearing falsely to the above affidavit will be pun- ished as provided by law for such offense. (See Sec. 125, U. S. Criminal Code, below.) I hereby certify that the foregoing affidavit was read to or by affiant in my presence before affiant affixed signature thereto; that affiant is to me per- sonally known (or has been satisfactorily identified before me by ), and that said affidavit (Give full name and post-office address.) was duly subscribed and sworn to before me, at my office, in , within the (Town, county and State.) land district, this day of ,19 (Official designation of officer.) Section 125, U. S. Criminal Code. "Whoever, having taken an oath before a competent tribunal, officer, or person, in any case in which a law of the United States authorizes an oath to be administered, that he will testify, declare, depose, or certify truly, or that any written testimony, declaration, deposition, or certificate by him subscribed, is true, shall willfully and contrary to such oath state or subscribe any material matter which he does not believe to be true, is guilty of perjury, and shall be fined not more than two thousand dollars and imprisoned not more than five years. 660 [4 095a.] Department of the Interior. In the United States Land Office. At , before the Kegister and Eeceiver. IH.E UIUTE1J BTATJK AMERICA, 5 UF Plaintiff, Involving the V. Entry No f-for Defendant. COMMISSION TO TAKE DEPOSITIONS ON INTERROGATORIES. To , Greeting : Know you, that you are hereby appointed and vested with full power and authority to examine, under oath, on the interrogatories hereto attached, at your office at on the day of , 191. ., at 10 a. m., and daily thereafter, until complete, the following persons, to wit: I and cause said interrogatories to be written out and the answers thereto to be inserted immediately underneath the respective questions; and the whole thereof for each witness you will cause to be read over to said witness, and you will the said witness swear and have him subscribe thereto in the usual manner before said witness is discharged; that you will attach your certificate to each said deposition stating that the same was subscribed and sworn to by the deponent at the time and place herein mentioned; that the said depositions and certificates, together with this commission and interrogatories, you will then seal up, indorse the title of this cause upon the envelope, and the whole return by mail or express with all possible dispatch, to be used on the trial of the above-entitled case now pending before us. Register. Receiver. EETURN OF COMMISSION. According to the command of the within writ, I did, on the day of , 191. . ., at 10 a. m., and daily until com- plete, at my office at , execute the power and authority upon me conferred in this, that the said then and there appeared before me and was by me each first duly sworn to tell the truth, the whole truth, and nothing but the truth in said action; and each of said witnesses being so sworn, I examined upon the interroga- tories to him addressed as appended to said writ, and caused to be written out said interrogatories and the answers thereto to be written out and inserted immediately underneath the respective questions, and the whole when completed was read over to said witness and by him, so above sworn, subscribed .under oath before discharged; that to each said deposition I then attached my certificate, stating that the same was subscribed and sworn to by the said witness at the time and place in said writ mentioned. (Official designation of officer.) Note. If the officer designated to take the depositions has an official seal, his certificate must bear such seal; if he has no seal, a proper certificate of his official character, under seal, must accompany his return. 661 [4100.] Department of the Interior. In the United States Land Office. At , before the Kegister and Receiver. AMERICA, Plaintiff, Involving the V. Entry No *-f or Defendant. NOTICE TO TAKE DEPOSITIONS NOT ON INTERROGATORIES. To ,Defendant: You will take notice that the plaintiff in the above-entitled proceeding has this day filed an application to take depositions of on the day of 19 . . . . , between the hours of o'clock a. m. and o'clock p. m. of said day, at the office of , a in County, in the State of a copy of which application is hereto attached, and you are notified that, unless you show good and sufficient reasons to the contrary, a commission will be issued on said application at the expiration of ten days from the date of this notice, and said depositions will be taken at the time and place named herein and said taking will be continued from day to day, if necessary, until completed; and you will not thereafter be heard to question either the form or sufficiency of said application or the validity or effect of such commission. THE UNITED STATES OF AMERICA, By , Agent State of County of ss. , a citizen of the United States and of the age of twenty-one years or over, being first duly sworn, states that he did, on the day of , 19 , deliver to , the same person named in the foregoing notice, a true copy of said notice, said delivery having been made to said . at Subscribed and sworn to before me by this day of ,19. (Official designation of officer.) Note. The foregoing affidavit must be executed before an officer having and using a seal, or before the Register or Receiver of the United States District Land Office in which the proceeding in which the notice was issued is pending. Affidavit [41021).] To be used in all entries since August 30, 1890. Department of the Interior. United States Land Office, , 19-... I, , of applying to the following-described nonmineral public lands, to wit : 662 in Township , , of Kange , , M., do solemnly swear that since August 30, 1890, 1 have not acquired title to, nor am I now claiming under any of the public land laws of the United States other than the mineral land laws, an amount of land which, together with the land above described, will exceed in the aggregate three hundred and twenty acres, except settled upon by me prior to August 30, 1890. Said settlement was commenced , and my improvements thereon consist of i Siirn plainly, with full Christian name.) Subscribed and sworn to Lefore me this day of 19 . . . . , at my office in County, in [4 109b.] Application for repayment of purchase moneys and commissions. (Sec. 1, Act of March 26, 1908.) Department of the Interior, General Land Office, The Commissioner of the General Land Office. Sir: I hereby make application for the return of the purchase money and commissions paid with Application, No , (Kind.) for the Section , Township , Kange , Meridian, as per Eeceiver 's Eeceipt,* No , issued at dated , which is surrendered herewith ; and on oath declare that I am the same (or legal representative of the) person who made said payment, and that there was no fraud or attempted fraud in connection with the effort to obtain title to the land described. (Signature of applicant.) (Post-office address.) State of , County of Subscribed and sworn to before me this day of (Official designation.) * If the receipt has been lost or destroyed, so state. The above affidavit may be made before the register or receiver or any officer authorized to administer oaths. When made before a justice of the peace a certificate of official character is required. [4 109b.] APPLICATION FOE EEPAYMENT OF EXCESS PAYMENTS. (Sec. 2, Act of March 26, 1908.) Department of the Interior. General Land Office. The Commissioner of the General Land Office. Sir: I hereby make application for the return of the amount paid in excess of the lawful requirements on Entry, No , for the Section (Kind.) , Township , Eange , ...... Meridian, as per Keceiver's 663 Eecept, No , issued at , dated ; and on oath declare that I am. the same (or legal representative of the) person who made said payment. (Signature of applicant.) (Post-office address.) State of , County of Subscribed and sworn to before me this day of (Official designatjon.) The above affidavit may be made before the register or receiver or any officer authorized to administer oaths. When made before a justice of the peace a certificate of official character is required. [4187.] Department of the Interior, United States Land Office. The Eecorder of Deeds, (Hace.) (Date.) Sir: For the information of yourself and the public, in connection with the official records of your county, you are advised that final Eegister's Cer- tificate, No , issued to for the following described land: (Date.) Section , Township , Range , Meridian, was finally canceled by decision of the General Land Office, dated Very respectfully, , Register. [4189.] Department of the Interior, United States Land Office Serial No Beceipt No CERTIFICATE. , 19.. (Date.) It is hereby certified that, in pursuance of law, , residing at , in County, State of , on this day purchased of the Reg- ister of this office the , Section , Township , Range , Meridian, , containing acres, at the rate of dollar. . and cents per acre, amounting to dollars and cents, for which the said has made payment in full as required by law. Now, therefore, be it known that, on presentation of this Certificate to the Commissioner of the General Land Office, the said shall be entitled to receive a patent for the lot above described. , Register. Note. A duplicate of this certificate is issued to the claimant as notice of the allowance of the entry by the Register and Receiver. The original is forwarded to the General Land Office, with the entry papers, for approval by the Commissioner of the General Land Office and issuance of patent. The duplicate copy forwarded to the claimant should be held until notice of issuance of patent is received. In all correspondence concerning the entry in connection with which this certificate is issued, refer to the name of the Land Office and the Serial Num- ber noted hereon. Approved By , Division 664 [4196.] Department of the Interior. United States Land Office ..................... Serial No Keceipt No CERTIFICATE. Homestead. (Date.) It is hereby certified that, pursuant to the provisions of Section 2291, Eevised Statutes of the United States, ............ has made payment in full for ...... , Section ...... , Township ...... , Range ...... , ...... Meridian, ...... , containing ...... acres. Now, therefore, be it known that, on presentation of this certificate to the Commissioner of the General Land Office, the said ............ shall be entitled to receive a patent for the lot above described. .............................. , Kegister. Note. A duplicate of this certificate is issued to the claimant as notice of the allowance of the entry by the Register and Receiver. The original is forwarded to the General Land Office, with the entry papers, for approval by the Commissioner of the General Land Office and issuance of patent. The duplicate copy forwarded to the claimant should be held until notice of issuance of patent is received. In all correspondence concerning the entry in connection with which this certificate issued, refer to the name of the Land Office and the Serial Number noted hereon. Approved ......................... By ............................. , Division ...... [4197.] Additional Entry under Section 2306 of the Revised Statutes of the United States. CERTIFICATE. Land Office, ................... , 190.. Final Certificate No Application No It is hereby certified that, pursuant to the provisions of Section 2306 of the Revised Statutes of the United States, has paid the fee and com- missions, and made entry of the of Section , of Township , of Range , containing acres, which added to the quantity embraced in his original homestead No , on which he has made final proof, as per certificate No , does not exceed one hundred and sixty acres. Now, therefore, be it known that, on presentation of this certificate to the Commissioner of the General Land Office, the said shall be entitled to a patent for the tract of land above described. Register. [Form 4200.] See Desert Land, Final Proof. [4201.] REGISTER'S FINAL CERTIFICATE OF ENTRY. Department of the Interior, United States Land Office, Mineral Entry No Lot No at , 190.. It is hereby certified that in pursuance of the provisions of the Revised Statutes of the United States, Chapter VI, Title XXXII, and legislation sup- plemental thereto , whose post-office address is , on this day purchased that Mining Claim known as the , Section , in Township No , of Range No , Meridian, designated as 665 Lot.. No , said Lot No extending feet in lengvh along said vein or lode, expressly excepting and excluding from said purchase all that portion of the ground embraced in mining claim. . or survey. . desig- nated as Lot.. No , and also that portion of any vein or lode the top or apex of which lies inside of said excluded ground; said Lode claim, as entered, embracing acres, and said Mill-Site claim acres, in the Mining District in the County of and of , as shown by the plat and field notes of survey thereof, for which the said part . . first above named this day made payment to the Receiver in full, amounting to the sum of dollars. Now, therefore, be it known that upon the presentation of this certificate to the Commissioner of the General Land Office, together with the plat and field notes of survey of said claim and the proofs required by law, a patent shall issue thereupon to the said if all be found regular. Eegister. [4 219a.] REGISTER'S FINAL COAL CERTIFICATE OF ENTRY. Coal Entry No ....... Land Office at ................ , It is hereby certified that in pursuance of the Revised Statutes of the United States relating to Coal Lands ............ , residing at ...... , in. ...... County, State of ...... , on this day purchased of the Register of this office the ...... of Section No ....... , in Township No ....... , of Range No ....... , of the ...... Principal Meridian, ...... containing ...... acres, at the rate of ...... dollars per acre, amounting to ...... dollars and ...... cents, for which the said ............ ha. . made payment in full as required by law. Now, therefore, be it known that, on presentation of this certificate to the Commissioner of the General Land Office, the said ............ shall be entitled to receive a patent for the land above described if all be found regular. .............................. , Register. [4235.] Scrip Certificate. Registers and Receivers. SIOUX HALF BREED RESERVE AT LAKE PEPIN. (Act of July 17, 1854.) United States Land Office, ..................... , 189.. We hereby certify that the attached Half Breed Scrip No ....... , Letter ...... , was on this day received at this office from ............ , of ...... County, State of Minnesota. .............................. , Register. .............................. , Receiver. I, ............ , ...... County, State of Minnesota, hereby apply to locate, and do locate, the tract of land as designated by the plats of the Government survey, to-wit: ...... , containing ...... acres, in the district of lands subject to sale at the Land Office at ...... , in satisfaction oT the attached Scrip No ....... , Letter ...... , issued under the Act of July 17, 1854. Witness my hand and seal, this ...... day of ...... , 189. . Attest: .............................. , Register. .............................. , Receiver. United States Land Office, , 189.. We hereby certify that the annexed Scrip No , Letter , has this day been located on the tract of land described within, containing . . . . . . acres, agreeable to Act of July 17, 1854, and by the party duly authorized to make such location. , Register. , Receiver. 666 [4 252f.] [This letter of transmission must invariably be used in forwarding the "complete record" in a mineral application or entry, as directed by paragraph 73 of the Mining Circular. Too much care can not be exercised to see that the schedule is correctly and comprehensibly filled out. Each entry should be for- warded by separate letter.] Department of the Interior, Unitrl States Land Office, , 191.. The Commissioner of the General Land Office, Washington, D. C. Sir: We have the honor to transmit herewith a complete record in Mineral Application , Entry No , for the claim, as follows: Application for Patent. Field Notes, including Survevor-General 's certificate of improve- ments. Plat, Survey No Copy of Location Certificate. Abstract of Title. Affidavits of Citizenship, or Articles of Incorporation. Power of Attorney. Surveyor-General's Certificate of Improvements (not included in field notes). Proof of Improvements placer, legal subdivision. Mineral Surveyor's Report on Placers (approved by United States Surveyor-General) . Proof that no known vein exists. Affidavit, nonmineral character of mill site. Affidavit, use or occupancy of mill site. Proof of Posting Plat and Notice on the Claim. Proof of Continuous Posting during period of publication. Certificate of Posting Plat and Notice in the United States Land Office. Proof of Publication. Agreement of Publisher. Adverse Claims (Give serial No. of each adverse claim ; if none, so state.) Court Certificates. Protests. Eeport of Special Agent. Application to purchase. Sworn Statement of all Charges and Fees Paid. Register 's Final Certificate. Inclosures. , Register. , Receiver. [4274.] Form approved by the Secretary of the Interior November 12, 1907. Department of the Interior. DESERT-LAND ENTRY. U. S. Land Office, , No Declaration of Applicant. I, ( ) a resident of (Give full Christian name.) i Male or female.) , do solemnly swear that I (Town, county and State.) (Applicant must state whether native born, naturalized, or has filed declaration of Intention to become a citixen. If not native born, certified copy of naturalization or declaration of intention, as case may be, must be filed with this affidavit.) citizen of the United States, of the age of years, and by occupation a 667 ; that my post-office address is ; that I intend to (If a city, street and number must be given.) reclaim a tract of desert land not exceeding one-half section, or 320 acres, by conducting water upon the same within four years from date of entry, in manner as required by the Act of Congress approved March 3, 1877, entitled "An Act to provide for the sale of desert lands in certain States and Terri- tories," as amended by the Act of March 3, 1891. The land which I intend to reclaim is desert land and is described as follows: (A map must be furnished which shall exhibit a plan showing the mode of contem- plated irrigation as required by section 4 of said act. When entry is made on unsur- veyed land the plan of contemplated irrigation must be indicated on a correct diagram showing by metes and bounds the land applied for. When practicable, the dimensions of said map or diagram should be 8Msxl4 or 14x17 inches.) , Section , Township , Range , Meridian, con- taining acres, situated in , within the land district. (County and State.) I further depose and declare that I have made no other declaration for desert lands nor any other entry under the provisions of said act, nor have I had assigned to me any lands entered under said act; that since August 30, 1890, I have not entered and acquired title to, nor am I now claiming, under an entry made under any of the nonmineral public-land laws, an amount of land which, together with the land now applied for, will exceed in the aggregate 320 acres; that the land above described borders on (State what stream or body of water and describe the same.) and that there is through or upon said land (Name and describe all water courses, springs, or other bodies of water.) that said land is not naturally irrigated or watered, nor overflowed at any season of the year by the foregoing or any other natural stream, spring, or other body of water; that I expect to obtain my water supply to irrigate said land from ; that the character of the soil is ; that said land will not, without artificial irrigation, produce an agricultural crop of any kind in amount reasonably remunerative, and that it will not, when unfed by grazing animals, produce native grasses sufficient in quantity to make an ordinary crop of hay in usual seasons; that there are no trees on said land; that the same is essentially dry and arid land, wholly unfit for cultivation without artificial irrigation; that said land can not be successfully cultivated without being reclaimed by conducting water thereon; that it is a fact well known, patent, and notorious that the same will not, in its natural condition, produce any crop; that no portion of said land has ever been reclaimed by conducting water thereon, and there are no lands in the vicinity of this tract that are occupied by settlers and cultivated without artificial irrigation. And I further declare that I have personally examined every legal subdivision of the said land and there is not, to my knowledge, within the limits thereof, any vein or lode of quartz, or other rock in place, bearing gold, silver, cinnabar, lead, tin, or copper, or any deposit of coal; that there is not, within the limits of said land, to my knowledge, any placer, cement, gravel, or other valuable mineral deposit, salt springs, or deposits of salt; that no portion of said land is claimed for mining purposes under the local customs or rules of miners, or otherwise; that no portion of said land is worked for mineral during any part of the year by any person or persons; that said land is essentially nonmineral land, and that my declaration therefor is not made for the purpose of fraudulently obtaining title to mineral land, timber land, or agricultural land, but for the purpose of faithfully reclaiming the land above described by conducting water thereon, and that the land is not occupied and improved by any Indian and is unoccu- pied, unimproved, and unappropriated by any person claiming the same other than myself (except ). (Sign here, with full Christian name.) Note. Every person swearing falsely to the above affidavit will be pun- ished as provided by law for such offense. (See Sec. 5392, R. S.) I hereby certify that the foregoing affidavit was read to or by affiant in my presence before affiant affixed signature thereto; that affiant is to me personally known (or has been satisfactorily identified before me by ) ; ((Jive full name and post-office address, i that T vorily believe affiant to be a qualified applicant and the identical person hereinbefore described; and that said affidavit was duly subscribed and sworn to before me, at my office, in , , within the land (Town.) (County and State.) district, this day of ,19. (Official designation of officer.) Eevised Statutes of the United States. Title T.XX. Crimes. Chap. 4. Sec. 5392. Every person who, having taken an oath before a competent tribunal, officer, or person, in any case in which a law of the United States authorizes an oath to be administered, that he will testify, declare, depose, or certify truly, or that any written testimony, declaration, deposition, or cer- tificate by him subscribed is true, willfully and contrary to such oath states or subscribes any material matter which he does not believe to be true, is guilty of perjury, and shall be punished by fine of not more than two thousand dollars, and by imprisonment, at hard labor, not more than five years; and shall, more- over, thereafter be incapable of giving testimony in any court of the United States until such time as the judgment against him is reversed. (See Sec. 1750.) Note. In addition to the above penalty, every person who knowingly or willfully in anywise procures the making or presentation of any false or fraudulent affidavit pertaining to any matter within the jurisdiction of the Secretary of the Interior may be punished by fine or imprisonment. AFFIDAVIT OF WITNESS. We, , of , years of age, and by (Give full Christian name.) (Give full post-office address.) occupation , and , of , (Give full Christian name.) (Give full post-office address.) years of age, and by occupation , do solemnly swear that we are well acquainted with the character of each and every legal subdivision or portion of the land described in the foregoing declaration, which said declaration has been read to us; that we became acquainted with said land by personal and careful examination of each and every legal subdivision or portion thereof; that we have been acquainted with it for and years, respectively; that our knowledge of the land is such as to enable us to testify understand- ingly concerning it; that same is desert, nonmineral land; that each and every statement made by applicant in the foregoing declaration as to the condition, character, and situation of said land is true of our own personal knowledge; and we further state that we are not interested, in any way or manner, directly or indirectly, present or prospective, in the application or declaration in support of which this affidavit is made, nor in the land itself, nor in any title thereto which may be acquired by said applicant or any other person. (Sign here with full Christian name.) (Sign here with full Christian name.) Note. Every person swearing falsely to the above affidavit will be pun- ished as provided by law for such offense. (See Sec. 5392, E. S., preceding.) I hereby certify that the foregoing affidavit was read to or by affiants in my presence before affiants affixed signatures thereto; that affiants are to me personally known (or have been satisfactorily identified before me by ) ; that I verily believe affiants to be credible wit- (Give full name and post-office address.) nesses and the identical persons hereinbefore described, and that said affidavit was duly subscribed and sworn to before me, at my office, in , (Town.) , within the land district, this day of (County and State.) ,19.. (Official designation of officer.) United States Land Office at , , 19.. It is hereby certified that, under the provisions of the Act of Congress approved March 3, 1877, entitled "An Act to provide for the sale of desert lands in certain States and Territories," as amended by the Act of March 3, 1891, the foregoing declaration of intention to reclaim the lands hereinbefore 669 described has this day been filed by the above-named declarant; that the evidence shows that said tract is desert land as defined in the second section of said Act; and that declarant has paid to the Receiver the sum of dollars, being at the rate of twenty-five cents per acre for the said lands. Register. Receiver. Department of the Interior. DESERT-LAND ENTRY. U. S. Land Office, ..................... , No ....... Affidavit of Assignee. (This affidavit must be sworn to before the register or receiver of the land district in which the land is located, or before a United States Commissioner, or commissioner of a court exercising Federal jurisdiction in the Territory, or before a judge or clerk of any court of record in the country or land district in which the land is situated. If the affidavit is made out of the county in which the land is situated it must be shown by affidavit that it was made before the nearest or most accessible qualified officer in the land district.) I, ............ , of .......... , claiming to be the assignee of ............ , who made Desert-Land Entry No ....... , on the ...... day of ...... , 19. ., at the district land office at ............ , do solemnly swear that I, ............. (Affiant must state whether native born, naturalized, or has filed declaration of intention to become a citizen. If not native born, certified copy of naturalization or declaration of intention, as the case may be, must be filed with this affidavit. ) citizen of the United States, of the age of ...... years, and a legal resident of the State of ...... ; that the said ............ did, by virtue of a deed or instrument of writing executed on the ...... day ...... , 19. ., a certified copy of which is hereto attached, transfer to me his right under said entry to the ...... Section ...... , Township ...... , Range ...... , ...... Meridian; that I have not heretofore made entry under the desert-land laws, nor has any entry, either in whole or in part, been assigned to me, except ............ (If the assignee has made a desert entry or held one by assignment, and claims the benefits of the act of March 26. 1908 (35 Stat., 48), or the act of February 3, 1911 (36 Stat.. 896), he must describe such entry, and state when same was abandoned). and that (excepting lands upon which I had settled or of which I had made entry prior to August 30, 1890) I have not, since August 30, 1890, acquired title to, nor am I now claiming under the agricultural land laws, a quantity ot land which, together with that herein described as assigned to me, will exceed in the aggregate 320 acres, the only entries of any kind made by or assigned to me since August 30, 1890, being ............................. (Here describe entries made since August 30, 1890.) (Sign here full Christian name.) Note. Every person swearing falsely to the above affidavit will be pun- ished as provided by law for such offense. (See Sec. 125 U. S. Criminal Code.) I hereby certify that the foregoing affidavit was read to or by affiant in my presence before affiant affixed signature thereto; that affiant is to me per- sonally known (or has been satisfactorily identified before me by ) ; (Give full name and post-office address.) that I verily believe affiant to be a qualified applicant and the identical person hereinbefore described; and that said affidavit was duly subscribed and sworn to before me, at my office, in , , within the (Town.) (County and State.) land district, this day of ,19.. (Official designation of officer.) United States Criminal Code. Chap. 6. Sec. 125. Whoever, having taken an oath before a competent tribunal, officer, or person, in any case in which a law of the United States authorizes an oath to be administered, that he will testify, declare, depose, or certify 670 truly, or that any written testimony, declaration, deposition, or certificate by him subscribed, is true, shall willfully and contrary to such oath state or subscribe any material matter which he does not believe to be true, is guilty of perjury, and shall be fined not more than two thousand dollars and impris- oned not more than five years. (Act, March 4, 1909. 35 Stat., 1111.) [Form 4348.] APPLICATION TO MAKE PEOOF. See page 220. [4 348a.] (For use in Homestead, Desert Land, and Timber or Stone Entries.) NOTICE FOR PUBLICATION. (Register.) Department of the Interior, U. S. Land Office at , , 19.. Notice is hereby given that , of , who, on , 19 . . , made , No , for , Section , Town- ( Kind of application or entry.) ship , Range , Meridian, has filed notice of intention to make Final Proof, to establish (If homestead, insert "five year" or "commutation," as the case may be.) claim to the land above described, before , at , (Name of officer.) on the day of , 19 .. Claimant names as witnesses: , of , of , of , of Register. CERTIFICATE AS TO POSTING OF NOTICE. , 19.. I hereby certify that the above notice, or copy thereof, was by me posted in a conspicuous place in my office for a period of days, I having first posted said notice on the day of , 19. . Register. [4 348b.] (For use in Homestead, Desert land, and Timber or Stone Entries.) NOTICE FOR PUBLICATION. (Publisher.) Department of the Interior, U. S. Land Office at ................. , ...................... ,19-. Notice is hereby given that ............ , of ............ , who, on ...... , 19 . . , made ..................... , No ....... , for ...... , Section ...... , (Kind of application or entry.) Township ...... , Range ...... , ...... Meridian, has filed notice of intention to make Final ................................ Proof, to establish claim to (If homestead, insert "five year" or "commutation," as the case may be.) the land above described, before .................. , at ........... , on the (Name of officer.) ...... day of ...... ,19.. Claimant names as witnesses: , of , of Register. 671 AFFIDAVIT OF PUBLICATION. (S3T Publisher: Return this form to the Register at the end of the period of publication, with the "Affidavit of Publication" properly executed.) (Attach clipping here.) I, , of the , published (Publisher or foreman.) (Name of newspaper.) , at , do solemnly swear that a (Daily or weekly.) < 1'lace.) copy of the above notice, as per clipping attached, was published in the regular and entire issue of said newspaper, and not (Daily or weekly.) in any supplement thereof, for consecutive , commencing with the issue dated , 19. ., and ending with the issue dated , 19. . (Signature.) Subscribed and sworn to before me this day of , 19. (Official designation.) [4 348c.] (Form approved by the Secretary of the Interior, January 19, 1912.) NOTICE FOR PUBLICATION ISOLATED TRACT. (Register.) Public Land Sale. Department of the Interior, U. S. Land Office at , ., 19. Notice is hereby given that, as directed by the Commissioner of the General Land Office, under provisions of Act of Congress approved June 27, 1906 (34 Stats., 517), pursuant to the application of , Serial No , we will offer at public sale, to the highest bidder, but at not less than $ per acre, at o'clock M., on the day of , at this office, the following tract of land: Any persons claiming adversely the above-described land are advised to file their claims, or objections, on or before the time designated for sale. , Register. , Receiver. CERTIFICATE AS TO POSTING OF NOTICE. ,19.- I hereby certify that the above notice, or a copy thereof, was by me posted in a conspicuous place in my office for a period of days, I having first posted said notice on the day of , 19. . Register. [4 348reserved under this application is or will be fenced; that the same shall be Icept open to the free use of any person desiring to water animals of any kind; that the land will not be used for any purpose except the watering of stock; and that the land is not, by reason of its proximity to other lands reserved for reservoirs, excluded from reservation by the regulations and rulings of the land de- partment. The water of said reservoir will cover an area of acres, in , Section , Township , (State smallest legal subdivision.) Kange , of said lands; the capacity of the water for said reservoir will be gallons, and the dam will be feet high. The source of the water for said reservoir is and there are no streams or springs within two miles of the land to be re- served except as follows : (State location by legal subdivisions.) The applicant has filed no other declaratory statements under this Act, except as follows : Number. Land office. Area to be reserved Acres. Total, acres, of which Nos are located in said County. And I further certify that it is the bona fide purpose and intention of this applicant to construct and complete said reservoir and maintain the same in accordance with the provisions of said Act of Congress and such regulations as are or may be prescribed thereunder. (Sign here, with full Christian name.) (Seal of company.) Attest: Secretary. State of County of ss: , being duly sworn, deposes and says that the statements herein made are true to the best of his knowledge and belief. (Signature.) Duly sworn to and subscribed before me this day of.' , 191.. (Seal.) (Official designation of officer.) . 191.... I hereby certify that the foregoing application is for the reservation of lands subject thereto under the provisions of the Act of January 13, 1897: that there is no prior valid adverse right to the same; and that the land is not, by reason of its proximity to other lands reserved for reservoirs, excluded from reservation by the regulations and rulings of the land department. , Register. [4590.] Township No Eange No Mer. [4621.] Department of the Interior. General Land Office. EELINQUISHMENT. , 19.. I hereby relinquish to the United States all my right, title, and claim in and to the following-described land : , Section , Township , Kange , Meridian, embraced in , (Kind of application or entry.) No , made at the U. S. Land Office at Eeceiver 's Receipt No (Signature.) Witnesses : (Name and address.) (Name and address.) Acknowledged before me this day of , 19. (Official designation.) The relinquishment accompanying a Eepayment Application must be executed before the Eegister or Eeceiver, or before an officer qualified to take acknowledgments of deeds. Other relinquishments may be accepted if the signature of the entryman is attested by two witnesses. [4622.] SUBPOENA. The United States of America, To You are hereby commanded to appear before , at office, in , in the County of , State (or Territory) of , at the hour of M., on the day of , to testify in behalf of , at a hearing, to be then and there held, wherein is , and herein fail not at your peril. Issued this day of County of State of ss: I, , being first duly sworn, upon my oath say that I served the above subpoena in the County of , in the State (or Territory) of on the day of , by then and there delivering a true copy thereof each to the within-named witnesses, to wit: Subscribed and sworn to before the undersigned this day of. (Official designation.) The law under which this subpoena is issued (Act January 31, 1903) provides: Sec. 2. That witnesses shall have the right to receive their fee for one day's attendance and mileage in advance. The fees and mileage of the wit- nesses shall be the same as that provided by law in the district courts of the 689 United States in the district in which such land offices are situated; and thfl witness shall be entitled to receive his fee for attendance in advance from day to day during the hearing. Sec. 3. That any person willfully neglecting or refusing obedience to such subpoena, or neglecting or refusing to appear and testify when subp03naed, his fees having been paid if demanded, shall be deemed guilty of a misdemeanor, for which he shall be punished by indictment in the district court of the United States or in the district courts of the Territories exercising the juris- diction of the circuit or district courts of the United States. The punishment for such offense, upon conviction, shall be a fine of not more than two hundred dollars, or imprisonment not to exceed ninety days, or both, at the discretion of the court: Provided, That if such witness has been prevented from obeying such subpo2na without fault upon his part, he shall not be punished unde" the provisions of this Act. (This application should be submitted in triplicate; one original and two copies.) [Form No. 4 022b.] (Read the instructions at the bottom of this form.) APPLICATION FOR PERMIT TO CUT TIMBER. The Commissioner of the General Land Office, Washington, D. C. Your petitioners respectfully show (1) That they are residents of the state of , and that they live (2) That they urgently need certain amounts of native pine and other timber to make lumber for their individual use, as contemplated by the Act of March 3, 1891 (26 Stat., 1093), as extended by Act of February 13, 1893 (27 Stat., 444), and the Act of March 3, 1901 (31 Stat., 1436), and March 22, 1901, as set forth in circular of February 10, 1900, "for agricultural, mining, manufacturing, or domestic purposes, * * * under the rules and regula- tions to be made and prescribed by the Secretary of the Interior." (3) That the petitioners are not in a position to go upon the public domain and cut and get out said timber; that there are no National Forests or private dealers in timber or lumber from whom petitioners can procure the material of the grade wanted at a price less than $ per (4) That said agent will make no charge for the timber cut on the public domain, the only charge being for the necessary time, labor, and legitimate expense in getting it out, plus a fair price per thousand feet for sawing the same into lumber. (5) Your several petitioners will require for their use, in the aggregate- About thousand feet of About thousand feet of About thousand feet of About thousand feet of About thousand feet of making a grand total of feet of timber, which when cut into lumber will amount to about feet, board measure. (6) That the timber to be cut is in Township , Range , and Sections and that the same will be cut and removed from said lands in one year from the date of granting this petition. (7) That the removal of this timber will not interfere with, lessen, or damage the water supply, or injuriously affect any public interest; and that said timber is for the actual use of the petitioners as above set out, and is not to be sold, nor bartered, nor exported from the State of Wherefore your petitioners earnestly request that whose post-office address is , be permitted to act as their agent in cutting, felling, rafting, and sawing a sufficient amount of lumber, to be cut from timber on the lands hereinbefore mentioned, to meet 690 their requirements as above set out, and as provided in the General Land Office circular "P," approved February 10, 1900. In the distribution of said timber among your petitioners, the quantity and description each will require is set forth opposite their respective names as follows : This Memoranda of Agreement, in triplicate, made and entered into by and between , party of the first part, of the County of , and State of and et al., residents of the County of , and State of , all of whose names are subscribed to a certain petition addressed to the Honorable Com- missioner of the General Land Office, and whieti is hereunto attached and made a part of this agreement. Witnesseth, That, whereas it is desirable that the aforesaid party of the first part shall act as the agent of the said parties of the second part, and by this agreement does agree to so act, in cutting, felling, logging, rafting, and manufacturing of timber into lumber for the use of said parties of the second part, as provided under the Act of March 3, 1891, and promulgated in circular of February 10, 1900. Now, Therefore, as provided in said section 4 of said circular, we do jointly and severally appoint , party of the first part, our agent to procure timber from unoccupied, unreserved, nonmineral Govern- ment land, to be manufactured into lumber, and for the uses and purposes specified in section 3 of said circular of February 10, 1900, a copy of which is hereunto attached and made part of this agreement; and our said agent, party of the first part, agrees to procure feet of timber, and to manufacture the same into lumber, for the uses and purposes as provided in said section 3. And we, the party of the second part, hereby agree to pay to our said agent, the party of the first part, as full compensation for his time, labor, and other legitimate expenses incurred in connection with the cutting, felling, logging, rafting, and manufacturing of said timber into lumber, exclusive of any charge for the timber itself, the sum of $ per 1,000 feet for the timber so manufactured into lumber and delivered to us; and it is further agreed by and between the parties hereto that no timber shall be manufactured on the shares or taken or exchanged in payment for work. It is further agreed, That no green trees less than 12 inches in diameter 30 inches above the ground shall be cut, except in special cases where recom- mended by a special agent and approved by the Commissioner of the General Land Office, and in all cases the agreement provides for the piling of brush and rubbish in compact medium-sized piles for burning at a safe distance from the remaining timber. It is also further agreed, and mutually understood by the parties hereto, that the life of this said agreement shall be for one year only, 'and which year shall begin to run on and after the date of permit, if approved, of the petition as prayed for, and herewith attached. In witness whereof, the said parties of the first and second parts have hereunto set their hands and seals this day of , 19. . [Seal] [Seal] Approved this day of , 19.. Commissioner. To the Commissioner of the General Land Office: I, , a citizen of the United States, and resident of the State of , do hereby accept the agency sought to be established by your petitioners, and hereby agree to cut and remove feet of timber from the lands designated in said petition attached, and to manufacture the same into lumber at or near the town of > in County , and to deliver the same to your several petitioners in such quantities and dimensions as is petitioned for by them for the uses and purposes mentioned in said petition, at a cost of $ per 1,000 feet, which sum is to cover my time, labor, and other legitimate expenses incurred in connection with the manufacture of said timber into lumber, ex- clusive of any charge for the timber itself. That I will cut and remove such timber within one year from date of 691 granting said petition, and that I will observe all rules and regulations issued by the Department relative to the removal of timber from the public lands of the United States. [Seal.] This day of , 19 VERIFICATION. State of County of ss: , being first duly sworn according to law, on oath, says: I am one of the petitioners above named; I have read or heard read the foregoing petition, and know the contents thereof; the same is true, of my own knowledge. Sworn and subscribed before me this day of , 19 CORROBORATING AFFIDAVIT. State of County of ss: and being severally duly sworn according to law, each for himself, on oath, says: I reside in said County and State; I am well acquainted with said township, the timber land and the water courses therein. It would do no harm, in my opinion, to the water supply, nor would it injuriously affect any public interest, to permit the cutting and removal of the quantity and kinds of timber required by petitioners from the lands" hereinbefore described. I have no interest in this matter. Sworn and subscribed before me this day of , 19 NONMINERAL AFFIDAVIT. (This affidavit can be sworn to only on personal knowledge and can not be made on information and belief.) Department of the Interior, United States Land Office, , 19 , being duly sworn according to law, deposes and says that he is the identical who is that he is well acquainted with the character of said described land, and with each and every legal subdivision thereof, having frequently passed over the same; that his personal knowledge of said land is such as to enable him to testify understandingly with regard thereto; that there is not, to his knowledge, within the limits thereof, any vein or lode of quartz or other rock in place, bearing gold, silver, cinnabar, lead, tin, or copper, or any deposit of coal; that there is not within the limits of said land, to his knowledge, any placer, cement, gravel, or other valuable mineral deposit; that the land contains no salt spring, or deposits of salt in any form sufficient to render it chiefly valu- able therefor; that no portion of said land is claimed for mining purposes under the local customs or rules of miners or otherwise; that no portion of said land is worked for mineral during any part of the year by any person or persons; that said land is essentially nonmineral land; and that his post- office address is I hereby certify that the foregoing affidavit was read to affiant in my pres- 692 ence before he signed his name thereto; that said affiant is to me personally known (or has been satisfactorily identified before me by ), and that I verily believe him to be a credible person and the person he represents himself to be, and that this affidavit was subscribed and sworn to before me at my office in within the land district, on this day of , 19 Note. The officer before whom the deposition is taken should call the attention of the witness to the following section of the Eevised Statutes, and state to him that it is the purpose of the Government, if it be ascertained that he testifies falsely, to prosecute him to the full extent of the law: Eevised Statutes of the United States. Title LXX. Crimes. Chap. 4. Sec. 5392. Every person who, having taken an oath before a competent tribunal, officer, or person, in any case in which a law of the United States authorizes an oath to be administered, that he will testify, declare, depose, or certify truly, or that any written testimony, declaration, deposition, or certifi- cate by him subscribed is true, willfully and contrary to such oath states or subscribes any material matter which he does not believe to be true, is guilty of perjury, and shall be punished by fine of not more than two thousand dollars, and by imprisonment, at hard labor, not more than five years; and shall, moreover, thereafter be incapable of giving testimony in any court of the United States until such time as the judgment against him is reversed. (See Sec. 1750.) INDOESEMENT BY CHIEF OF FIELD DIVISION. The within petition to cut timber came into my hands for examination on the day of , 19.., and the examination being complete, permission to cut feet of timber for the peti- tioners whose names I have initialed is hereby granted. The petition as to names by me not initialed is hereby denied. My action hereon is subject to revision by the Commissioner of the General Land Office. It is understood that cutting of timber under this permit shall at once cease should my action herein as to permission to cut be revoked by the Commissioner. Dated this day of , 19.. Chief of Field Division, General Land Office. INSTEUCTIONS FOE FILLING IN BLANKS. 1. Each petitioner should sign his name and address, giving occupation, kind of timber wanted, and amount of same. 2. Give full name of person or company who is to act as agent for the petitioners. 3. State full amount of timber wanted by the petitioners. 4. State township, range, and sections of land desired to be cut from, if surveyed; if unsurveyed, so state, and name mountains where the timber grows, also names of creeks, rivers, or any natural landmark that would locate the timber to be cut, and in all cases wide areas of land should be avoided. 5. One of the petitioners should make the first affidavit, and two or more reliable, disinterested citizens should make the second affidavit, which should be acknowledged before a notary public or some other officer having a seal. 6. The nonmineral affidavit should be filled out and signed by a competent, reliable person who is acquainted with the land upon which it is desired to cut timber. 7. The petition, when completed, must be forwarded to the Chief of Field Division, General Land Office, at the post-office address given below, who will take up same at once and have an examination made of the land and timber described by the petitioners and report thereon to the Commissioner of the General Land Office, with proper recommendations. The address of the Chief of Field Division who has charge of the State named is as follows: Oregon: Portland. California, Nevada: Oakland, California. Washington, Idaho (Coeur d'Alene, Lewiston) : Spokane, Washington. Montana: Helena. Colorado: Denver. 693 Arizona, New Mexico: Santa Fe, New Mexico. Wyoming, South Dakota (Rapid City): Cheyenne, Wyoming. North Dakota, South Dakota (except Rapid City): Fargo, North Dakota. Utah, Idaho (Boise, Hailey, Blackf oot) : Salt Lake City, Utah. CIRCULAR. Rules and Regulations Governing the Use of Timber on Nonmineral Public Lands in Certain states and Territories, under the Act of March 3 1891 (26 Stat., 1903), as Extended by the Act of February 13, 1893 (27 Stat., 444). Department of the Interior, General Land Office, Washington, D. C., February 10, 1900. By virtue of the power vested in the Secretary of the Interior by the Act of March 3, 1891 (26 Stat., 1093), the following rules and regulations are hereby prescribed: 1. The Act, so far as it relates to timber on public lands, as extended by the Act of February 13, 1893 (27 Stat., 444), applies only to the States of Colorado, Montana, Idaho, North Dakota, South Dakota, Wyoming, Nevada, and Utah, and the Territories of Arizona and New Mexico. The Act originally extended to the District of Alaska, but in that respect it has been superseded by section 11 of the Act of May 14, 1898 (30 Stat., 409), under which other and separate regulations are prescribed for the District of Alaska. 2. The intention of the Act of March 3, 1891, is to enable settlers upon public lands and other residents within the States and. Territories above named to secure from public timber lands timber or lumber 'for agricultural, mining, manufacturing, or domestic purposes, for use in the State or Territory where obtained, under rules and regulations to be made and prescribed by the Secretary of the Interior. 3. Settlers upon public lands and other residents of the States and Terri- tories above named may procure timber free of charge from unoccupied, unre- served, nonmineral public lands within said States and Territories, strictly for their own use for firewood, fencing, building, or other agricultural, mining, manufacturing, or domestic purposes, but not for sale or disposal, nor for use by other persons, nor for export from the State or Territory where procured. The cutting or removal of timber or lumber to an amount exceeding in stump- age value $50 in any one year will not be permitted, except upon application * * * and after the granting of a special permit. Except as above pro- vided, it is not necessary for actual residents to secure permission to take timber from public lands in said States and Territories for the purposes afore- said. The exercise of such privilege is, however, subject at all times to super- vision by the Department with a view to such restriction as may be deemed necessary. 4. In cases where qualified persons are not in position to procure timber from the public lands themselves, it is allowable for them to secure the cutting, removing, sawing, or other manufacture of the timber through the medium of others upon an agreement with the parties thus acting as thei- agents that they shall be paid a sufficient amount only to cover their time, labor, and other legitimate expenses incurred in connection therewith, exclusive of any charge for the timber itself; but no person, whether acting for himself, as an agent for another, or otherwise, will be permitted to cut or remove in any one year timber or lumber to an amount exceeding in stumpage value $50, except upon application * * * and upon the granting of a special permit. 5. The uses specified in section 3 of these rules and regulations constitute the only purpose for which timber may be taken from public lands in said States and Territories, under this Act. 6. The cutting and removing of timber, free of charge, under said Act of March 3, 1891, is confined to unreserved, unoccupied, nonmineral public lands, in the States and Territories named therein, inasmuch as the Act specifically provides that the same shall not operate to repeal the Act of June 3, 1878 (20 Stat., 88), which makes provision, in said States and Territories, for the free cutting of timber on public lands that are known to be of a strictly mineral character for the uses named in said Act. 7. It is further provided in said Act of March 3, 1891, that "nothing herein contained shall operate to enlarge the rights of any railway company to cut timber on the public domain." Consequently, no timber may be cut or 694 taken under this Act from public lands either by or for the use of any railroad company. 8. 'Section 2461, United States Revised Statutes, is still in force in the States and Territories herein named, and its provisions may be enforced against any person, or persons, who cut or remove, or cause or procure to be cut or removed, or aid or assist or are employed in cutting or removing, any timber from public lands therein, except as allowed by law. Q * * * * * * * 10. All rules and regulations heretofore prescribed under said Act of March 3, 1891, relating to the use of timber on public lauds in the above-named States and Territories, are hereby revoked. W. A. Richards, Acting Commissioner. Approved, February 10, 1900. E. A. Hitchcock, Secretary. (This application should be submitted in triplicate; one original and two copies.) [4 022d.] (Bead the Instructions at the Bottom of this Form.) APPLICATION FOR PERMIT TO CUT TIMBER ON MINERAL LANDS. , 19... The Commissioner of the General Land Office, Washington, D. C. Your petitioners respectfully show (1) That they are residents of the State of. , and that they live (2) That they need certain amounts of timber for their individual use, as contemplated by the Act of June 3, 1878 (20 Stat., 88), as set forth in circular of March 16, 1909, "for building, agricultural, mining or other domestic purposes." (3) That the petitioners are not in a position to go upon the lands and cut and get out said timber, and that they desire , who join in this petition, to act as their agent in procuring said timber. (4) That said agent will make no charge for the timber to be cut, the only charge being for the necessary time, labor, and legitimate expense in getting it out, plus a fair price per thousand feet for sawing the same into lumber. (5) Your several petitioners will require, for their use, in the aggregate About thousand feet of About thousand feet of About thousand feet of About thousand feet of About thousand feet of making a grand total of feet of timber, which when cut into lumber will amount to about feet, board measure. (6) That the timber to be cut is in Township , Range , and Sections , and that the same will be cut and removed from said lands in one year from the date of granting this petition; that said lauds are mineral lands and subject to entry only under the mineral land laws. (7) That the removal of this timber will not interfere with, lessen, or damage the water supply, or injuriously affect any public interest; and that said timber is for the actual use of the petitioners as above set out, and is not to be sold, nor bartered, nor exported from the State of ; and that said timber is not for the use or benefit of any railroad corporation. Wherefore your petitioners earnestly request that , whose post-office address is , be permitted to act as their agent in cut- ting, felling, rafting, and sawing a sufficient amount of lumber, to be cut from timber on the lands hereinbefore mentioned, to meet their requirements as above set out, and as provided in the General Land Office circular, approved March 16, 1909. In the distribution of said timber among your said petitioners, the quan- 695 tity and description each will require is set forth opposite their respective names as follows: Kind For What Name Occupation. of Timber. Quantity. Purpose. Tliis Memoranda of Agreement, in triplicate, made and entered into by and between , party of the first part, of the County of , and State of , and et al., residents of the County of , and State of , all of whose names are subscribed to a certain petition addressed to the Commissioner of the General Land Office, and which is here- unto attached and made part of this agreement. Witnesseth, That, whereas it is desirable that the aforesaid party of the first part shall act as the agent of the said parties of the second part, and by this agreement does agree to so act in cutting, felling, logging, rafting, and manufacturing of timber into lumber for the use of said parties of the second part, as provided under the Act of June 3, 1878 (20 Stat., 88), and promul- gated in circular of March 16, 1909. Now, therefore, We do jointly and severally appoint , party of the first part, our agent to procure timber from unoccupied, unreserved, mineral Government land, to be manufactured into lumber, and for the uses and purposes specified in said circular of March 16, 1909, a copy of which is hereunto attached and made part of this agreement; and our said agent, party of the first part, agrees to procure feet of timber, and to manufacture the same into lumber, for the uses and purposes as provided in said circular. And we, the party of the second part, hereby agree to pay to our said agent, the party of the first part, as full compensation for his time, labor, and other legitimate expenses incurred in connection with the cutting, felling, logging, rafting, and manufacturing of said timber into lumber, exclusive of any charge for the timber itself, the sum of $ per 1,000 feet for the timber so manufactured into lumber and delivered to us; and it is further agreed by and between the parties hereto that no timber shall be manufactured on the shares or taken or exchanged in payment for work. It is further agreed, That only matured timber is to be cut, and in all cases the agreement provides for the piling of brush and rubbish and dis- posing of same as may be required by the land department, and only such percentage of the timber as may be authorized shall be cut. It is also further agreed, and mutually understood by the parties hereto, that the life of this said agreement shall be for one year only, and which year shall begin to run on and after the date of the permit to be granted by a Chief of Field Division of the General Land Office. In witness whereof, the said parties of the first and second parts have hereunto set their hands and seals this day of , 19. . [Seal.] [Seal.] To the Commissioner of the General Land Office: l } , a citizen of the United States, and resident of the State of , do hereby accept the agency sought to be established by your petitioners, and hereby agree to cut and remove feet of 'timber from the lands designated in said petition attached, and to manufacture the same into lumber at or near the town of , in County, , and to deliver the same to your several petitioners in such quantities and dimensions as is petitioned for" by them for the uses and purposes mentioned in said petition, at a cost of $ per 1,000 feet, which sum is to cover my time, labor, and other legitimate expenses incurred in connection with the manu- facture of said timber into lumber, exclusive of any charge for the timber itself. That I will cut and remove such timber within one year from date of the permit, and that I will observe all rules and regulations issued by the Depart- ment relative to the removal of timber from the public mineral lands of the United States. [Seal.] This day of ,19.. 696 AFFIDAVIT TO BE EXECUTED BY A PETITIONEE. State of , County of , ss.: , being first duly sworn according to law, on oath, says: I am one of the petitioners above named; I have read or heard read the foregoing petition, and know the contents thereof; the same is true, of my own knowledge. Sworn and subscribed before me this day of , 19. . [4302.] PEEMIT BY CHIEF OF FIELD DIVISION TO FELL AND KEMOVE TIMBER FROM MINERAL LANDS. I hereby grant permit to , of , to fell and remove timber from the following lands: for the use of the persons and in amounts as to each person stated below, viz.: The tops and other debris shall be disposed of as follows: Only per cent of the total stand of timber, acre by acre, and only matured timber, shall be cut. The cutting authorized shall be completed within twelve months from this date. My action in granting this permit is subject to revision by the Commis- sioner of the General Land Office, and it is to be understood that cutting of timber under this permit shall at once cease upon notice that my action in granting the same has been revoked by the Commissioner. Should this permit be revoked by the Commissioner, any cutting done under same will have to tx> paid for at a reasonable stumpage value. Chief of Field Division, CUven this day of , 19. ., at REPORT OF CHIEF OF FIELD DIVISION. The matter - of the above application has been investigated under my supervision, and above is a copy of permit granted by me subject to your fell and remove and to use the timber. Remarks : -. approval. The lands are mineral. The persons named are qualified, respectively, to (Here set out fully the matter required by section 4 of instructions of March 16, 1009.) Dated this day of , 19. . Chief of Field Division. Approved this day of , 19. . Commissioner. INSTRUCTIONS FOR FILLING IN BLANKS. 1. Each petitioner should sign his name and address, giving occupation, kind of timber wanted, and amount of same. 2. Give full name of person or company who is to act as agent for the petitioners. 3. State full amount of timber wanted by the petitioners. 4. State township, range, and sections of land desired to be cut from, if surveyed; if unsurveyed, so state, and name mountains where the timber grows; also names of creeks, rivers, or any natural landmark that would locate the timber to be cut, and in all cases wide areas of land should be avoided. 5. One of the petitioners must make the affidavit which must be acknowl- edged before a notary public or some other officer having a seal. 6. The application should be forwarded to the Register and receiver of the proper local land office or to the proper Chief of Field Division. 7. In cases where the party applying desires the timber for his own use and the cutting is not to be done through an agent, the forms should be prop- erly modified to show the facts. Note. For law and regulations see page 565. 697 NOTICE OF LOCATION OF A PLACEE CLAIM. FORM B. Notice is hereby given to whom it may concern: That and , citizens of the United States, over the age of twenty-one years, have this day located under the Revised Statutes of the United States, and Chapter , Title , of , the following described placer mining ground, viz.: (Description), situated in District, County, State of . This claim shall be known as the Claim, and we intend to work the same in accordance with the local customs and rules of miners in said district. Dated on the ground, this sixth , .... [Form No. C.] NOTICE OF LOCATION OF A QUARTZ CLAIM. Notice is hereby given to all whom it may concern: That and , citizens of the United States, over the age of twenty-one years, having discovered a vein or lode of quartz, or rock in place bearing gold, within the limits of the claim hereby located, have this day, under and in accordance with the Revised Statutes of the United States, Chap. VI., Tit. 32, located three thousand linear feet of this vein or lode, with surface ground three hundred feet in width, situated in Mining District, County of , State of , and known as the Claim, and extending three thousand feet north to , and to , from this notice at the dis- covery or prospect shaft, the exterior boundaries of this claim being distinctly marked by reference to some natural object or permanent monuments, and more particularly described as follows, to-wit: (Descriptions.) And we intend to hold and work said claim as provided by the local customs and rules of miners, and the Mining Statutes of the United States. Dated on the ground the day of Discovered, , , Locator. Located , Recorded , .... Attest: [Form No. D.] PROOF OF POSTING NOTICE AND DIAGRAM ON THE CLAIM. State of , County of , ss.: and , each for himself, and not one for the other, being first duly sworn according to law, deposes and says, that he is a citizen of the United States, over the age of twenty-one years, and was present on the third day of , ...., when a plat representing the claim, and certified to as correct by the United States Surveyor-General of , and designated by him as Lot No , together with a notice of the intention of and to apply for a patent for the mining claim and premises so platted, was posted in a conspicuous place upon said mining claim, to-wit: , where the same could be easily seen and examined; the notice so conspicuously posted upon said claim being in words and figures as follows, to-wit: Notice of the application of and for a United States patent. Notice is hereby given that in pursuance of Chap. VI, of Tit. 32, of the Revised Statutes of the United States, and , claim- ing three thousand linear feet of the vein, lode, or mineral deposit, bearing gold, with surface ground, three thousand feet in width, lying and being situated within the District, County of and State of , have made application to the United States for a patent for the said mining claim, which is more fully described as to metes and bounds by the official plat herewith posted, and by the field notes of survey thereof, now filed in the office of the Register of the district of lands subject to sale at ,^ , which field notes of survey describe the boundaries and extent of said claim on the surface, with magnetic variation at (Description.) 698 The said mining claim being of record in the office of the Recorder of Records, , in the county and State aforesaid, the presumed general course or direction of the said vein, lode, or mineral deposit being shown upon the plat posted herewith, as near as can be determined upon present developments, this claim being for three thousand linear feet thereof, together with the surface ground shown upon the official plat posted herewith, the said vein, lode, and mining premises hereby sought to be patented, being bounded as follows: (Description.) The said claim being designated as Lot No in the official plat posted herewith. Any and all persons claiming adversely the mining ground, vein, lode, premises, or any portion thereof, so described, surveyed, platted, and applied for, are hereby notified that unless their adverse claims are duly filed as accord- ing to law and the regulations thereunder, within sixty days from the date hereof, with the Register of the United States Land Office, , in the State of , they will be barred in virtue of the provisions of said statute. Dated on the ground this third day of , .... Subscribed and sworn to before me this day of , , and I hereby certify that I consider the above deponents credible and reliable wit- nesses, and that the foregoing affidavit and notice were read by each of them before their signatures were affixed thereto and the oath made by them. (Seal.) [Form No. E.] Serial No. NOTICE FOR PUBLICATION. United States Land Office. Notice is hereby given that , whose post-office address is , has this day of , . . . . , filed in this office application to select under the provisions of (describe act) the (describe land). Any and all persons claiming adversely the lands described, or desiring to object because of the mineral character of the land, or for any other reason, to the disposal to applicant, should file their affidavits of protest in this office, on or before the day of , 19 .. Register. [Form No. F.] Serial No Department of the Interior, United States Land Office, > Notice is hereby given that , of County, State of , whose post-office address is , , has this day of f . . . ., filed in this office his application to make selection, location, and entry of the (describe land), as assignee of the person who is entitled to make location and entry thereof as the additional homestead right of , deceased, and based upon Sections 2306 and 2307 of the Revised Statutes of the United States, and the rules and regulations of the Department of the Interior thereunder, granting additional lands to soldiers and sailors who served in the Army or Navy of the United States during the War of the Rebellion. Any and all persons claiming adversely the lands described, or desiring to object because of the mineral character of the land, or any part thereof, or for any reason, to the disposal to applicant, should file their affidavits of protest in this office on or before the day of , 19. . Register. Posted Published in 699 [Form No. G.] FOREST RESERVE LIEU APPLICATION. U. S. Land Office at , 19.. Notice is hereby given that , whose post-office address is , , has made application to select under the provisions of the Act of June 4, 1897 (30 Stat., 36), the following described tract: Within the next 30 days from the date hereof protests or contests against this selection on the ground that the land described, or any portion thereof, is more valuable for its minerals than for agricultural purposes, will be received and noted for report to the Commissioner of the General Land Office. Register. First publication, , 19. . Posted on claim, , 19. . [Form No. H.] Serial No. . SCRIP LOCATIONS AFFIDAVIT OF POSTING. Department of the Interior, United States Land Office, In Re Application to Locate Serial No , , Sec , Tp , Range State of , County of , ss. : , of , being first duly sworn, on oath deposes and says: that he is the identical person, or the attorney, or agent, of the person who located the above described land under ; that he posted a copy of the hereto attached notice upon said land on the , 19..; that said notice was posted in a conspicuous place thereon, to-wit: (Describe place of posting and manner of posting)*; that said notice remained posted for more than days, and all during the period of publication; that said land is not adversely claimed, nor in the possession of any Indian. Subscribed and sworn to before me this day of (Official title.) * If no suitable place is available for posting, place notice in open box on a post set in the ground, care being used to have the posted notice extend at least 2i/. feet above the surface of the ground. t Affidavit of publisher may be on form 4 348b, page 557. AFFIDAVIT OF POSTING CONTEST. Serial No Contest No Department of the Interior, United States Land Office, Contestant, v. Contestee. Involving , , Sec , Tp , State of , County of , ss.: t of , being first duly sworn, on oath deposes and says: that he is the contestant in the above entitled contest; that he posted copy of her to attached notice on the above described land, in a conspicuous place thereon, to-wit: (Describe place and manner of posting.)* That said notice remained so posted for a period of days, and continued so posted during the entire period of publication. Subscribed and sworn to before me this day of , 19. . (Official title.) * If posted on post set in the ground, the notice should extend at least feet above the surface. Serial No Contest No AFFIDAVIT OF MAILING CONTEST. Department of the Interior, United States Land Office, Contestant, v. Contestee. State of , County of , ss. : , being first duly sworn, on oath deposes and says: that he is in the above entitled contest; that he mailed the defendant a true copy of the notice of contest issued herein, on the day of , through registered United States mail, at the following addresses, to-wit: , , , said addresses being the record address, the post-office nearest the land, and the last known post-office address of the contestee. Evidence of mailing is herewith attached and made a part hereof. Subscribed and sworn to before me this day of , , (Official title.) K. Serial No. APPOINTMENT OF ATTOKNEY. Department of the Interior, United States Land Office, In Ee , Sec , Tp , of Eange To Hon. Kegister and Eeceiver, United States Land Office, Gentlemen: I hereby appoint Mr . . ., of , as my attorney to represent me in the above entitled matter, and authorize him to accept service, and to do any and all things necessary for the accomplishment of the purpose for which he is appointed. P. O. Witness: L. Serial No. NOTICE OF APPEAL. Department of the Interior, United States Land Office, In Ee , Sec , Tp , E. 701 NOTICE OF APPEAL. You will please take notice that hereby appeals to from the decision of rendered in the above entitled matter on the day of , 19. ., and from the whole thereof. This appeal is taken upon both law and fact. Note. If the decision complained of is identified by letter and initial, the division and initials should be given. Note. See specifications of error. M. Serial No SPECIFICATIONS OF ERROR. Department of the Interior, United States Land Office, In Re , Sec , T , Range , Statement of case: (Here give record facts.) Specifications of error: (Here state distinctly the errors relied upon for reversal of the decision complained of.) N. Serial No. AFFIDAVIT OF LOSS OR DESTRUCTION OF REGISTER'S FINAL CERTIFICATE. To the Register United States Land Office, I respectfully ask that patent for entry No , embracing Sec , Tp , , be delivered to me upon the following affidavit in lieu of the Register's Final Duplicate Certificate. Applicant. State of , County of . , ss.: , being duly sworn, on oath deposes and says: that he is the same identical person who made the entry described above, to-wit: entry, Serial No , for , Sec , Tp , Range , , that I have lost or destroyed the duplicate copy of Register's Final Certificate issued to me in the above described matter, and after diligent search and inquiry I am unable to produce said certificate. Subscribed and sworn to before me this day of (Official title.) O. Serial No REQUEST FOR PATENT. Affidavit of present owner. State of , County of , ss.: , being first duly sworn, on oath deposes and says: that he is the present owner of the following described land, to-wit: (Here describe land.) That said land is embraced in Entry No ; that Register 's duplicate certificate can not be produced, and affiant respectfully asks that patent be delivered to him. Subscribed and sworn to before me this day of , 19. . ' '(Official title.) 702 FOBM P. NOTICE OF MORTGAGE. Serial No. (Date) TO THE REGISTER AND RECEIVER, UNITED STATES LAND OFFICE, GENTLEMEN: You will please take notice that , who made homestead entry No on the day of , 19 for , See , T , R, , did, on the day of 19. . . ., make and execute a mortgage deed to said land in the sum of Dollars in favor of The said mortgage is recorded in the office of the Recorder of Deeds for the County of , State of We respectfully request that due notice hereof be noted upon the records in your office, and that the undersigned be notified of any action on the part of the entryman or other person acting in his behalf looking to the cancellation of said entry, either by relinquishment or contest or otherwise. This notice is intended to act as and for an objection by the undersigned to the cancellation of said entry without his having due notice, knowledge, and information thereof, and in case the above land is located within a reclamation project under the Act of June 17, 1902, the undersigned objects to the cancellation or assignment thereof unless his written consent thereto be filed. Owner, of said mortgage. 703 [4 072h] MOTION FOE DEFAULT. Department of the Interior, United States Land Office. Serial No. Contest No. Contest of Entry No , dated , 19.., for the Sec , Tp , E Comes now the contestant in the above-entitled case, and moves that the default of the defendant be entered, no answer to the charges set forth in the contest affidavit having been filed. By His Attorney. Filed, and default entered of record , 191. . Begister. Eeceiver. Eule of Practice 14, as amended July 24, 1912: Upon the failure to serve and file answer as provided by Eule 13, the alle- gations of the contest affidavit will, on motion of contestant made within 20 days after the date the answer is required to be filed and before any answer is filed, be taken as confessed, or in case of failure of contestee to file answer and of contestant to file motion within the time prescribed, the allegation of the contest affidavit may be taken as confessed and judgment entered by the Commissioner of the General Land Office without the award of preference right to contestant. Due service of notice, either personally or by publication, as pro- vided by Eule 8, must appear in all such cases. At the end of the period herein prescribed the register and receiver will forthwith forward the case with recommendation thereon to the General Land Office, and notify the parties by registered mail of the action taken. 704 [4109.] APPLICATION FOR REPAYMENT. Department of the Interior, General Land Office. The Commissioner of the General Land Office: Sir: I hereby make application for the return of the purchase-money paid on Entry, No , for the (Kind.) Section , Township , Range , Meridian, as per Re- ceiver's Receipt,* No , issued at , dated ; and on oath declare that I have not sold, assigned, nor in any manner encum- bered, the title to the land described, and that the same has not become a matter of record (Signature of applicant.) ( Post-office address. ) State of , County of , ss. Subscribed and sworn to before me this day of (Official designation.) * If the receipt has been lost or destroyed, so state. The above affidavit may be made before the register or receiver or any officer authorized to administer oaths. When made before a justice of the peace, a certificate of official character is required. Notes. 1. Where the title has become a matter of record, the words "except as ehown by the accompanying evidence" will be added to the affidavit. 2. Where the title has become a matter of record or patent has issued, a deed of relinquishment, duly executed and recorded, must be filed, together with a certificate of the proper officer showing what appears upon his records touching the title, and that the same is fully restored to the United States. 3. If the application is made by an assignee or legal representative, it must be supported by satisfactory proof of the right of such person to present the claim. 4. The application, with all the papers in the case, may be transmitted to the Commissioner of the General Land Office direct, or through the register and receiver. For full information see General Land Office Circular of January 22, 1901 (30 L. D., 430). 705 [Form Q.] ASSIGNMENT. United States Land Office, Billings, Mont. Know All Men by These Presents, TViat I, of , for and in consideration of the sum of dollars, in lawful money of the United States of America, to me by said paid, the receipt whereof is hereby acknowledged, do by these presents sell, assign, transfer and set over unto the said all my right, title, and interest in and to those certain lands sold in pursuance of the President of the United States under date of Sep- tember 9, 1910, in accordance with the Act of April 27, 1904, an Act to ratify agreement with the Crow tribe of Indians (33 U. S. Statutes at Large, page 352), and which said lands are described in the certificate of sale Serial No , issued , Register U. S. District Land Office, Billings, Montana, on the , , as follows, to-wit: Together with all and singular tenements, hereditaments, and appurtenances thereunto belonging in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and also possession, claim and demand whatsoever, as well as in law as in equity, and to every part and parcel thereof. To have and to hold the same unto the , his heirs, executors, administrators and assigns, subject nevertheless to the covenants, conditions and payments therein required to be made, and subject also to the terms, conditions and payment hereinafter to be made, and in accordance with the laws, proclamation and certificate of sale, as well as the departmental regulations thereunder and applicable thereto, all of which the said submits and agrees to, and with sueh full understanding accepts this assignment. And I hereby fully authorize and empower the said upon his compliance with the terms and conditions of said sale, laws and proclamation and departmental regulations thereunder, and upon the full and complete payment of all money due upon said land to demand and receive patent to the said land, in the same manner, to all events and purposes as myself might or could do, were these presents not executed. In witness whereof, I have hereunto set my hand and seal this Signed, sealed and delivered in the presence of State of , County of , ss. On the day of , 191 . . , before me, , Notary Public in and for said county and State, person- ally appeared , known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same. In witness whereof, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (Seal.) (Should be executed before U. S. Commissioner or Clerk of Court of record.) Affidavit of Assignee. State of , County of , ss. , being first duly sworn, on oath deposes and says: That he is the identical person named as assignee in the hereunto attached and foregoing assignment; that the bidder for said land, at the sale of the same, did not purchase said land for this affiant, either directly or indirectly, and that he was not interested in said land as a purchaser from the Gov- ernment, either directly or indirectly, and he hereby asks that he be allowed 706 to make the annual payments when due upon said land, in accordance with the law and regulations under which the same was originally sold. (Seal.) Subscribed and sworn to before me this day of , 191. . (This affidavit should be executed before a U. S. Commissioner or Clerk of court of record.) Note. This form may be used for transfer of lands sold for benefit of Indians by making proper modifications. Land District. Department of the Interior, General Land Office. To the Honorable Commissioner of the General Land Office. Sir: I respectfully make application for extension of time in which to establish residence on my homestead entry No for the , Sec , T , Range , and for such purpose and to that end 1 respectfully represent that I was prevented from establishing my residence thereon owing to the following reasons: (Here state grounds for extension of time, which must be confined to climatic reasons, sickness, or other unavoidable cause.) Subscribed and sworn to before me this day of 19. ., at my office in (Official designation.) Note. If the ground for extension is sickness, certificate of the attending physician ought to be furnished. The application should be corroborated by at least one witness, and the following form may be used: State of fc ., County of , ss. , of , and , of , being duly sworn on oath, each for himself, and not one for the other, depose and says: I am acquainted with the above named , who is an applicant for extension of time in which to establish residence on his homestead; I know the statements made by him to be true of my own knowledge. Subscribed and sworn to "before me this day of 19 . ., at my office in (Official designation.) [Form .] DESEKT ENTRIES. Verification of map, plat or diagram. State of , County of , ss. , being first duly sworn on oath, deposes and says: that he is the same identical person who has this day made application to make desert land entry of the following described lands: That the hereto attached or foregoing map, plat, or diagram correctly shows the method to be by him employed in reclaiming said land from desert to agriculture in character. Subscribed and sworn to before me this day of 19 . . , in my office at (Official designation.) 70T ADDENDA. RECLAMATION. PATENTS FOE HOMESTEAD ENTRYMEN PEOVIDED UPON FINAL PROOF, AND PAYMENT OF ALL CHARGES DUE TO DATE LIEN RESERVED TO U. S. SUITS IN DISTRICT COURTS FISCAL AGENTS. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That any home- stead entryman under the Act of June seventeenth, nineteen hun- dred and two, known as the reclamation Act, including entrymen on ceded Indian lands, may, at any time after having complied with the provisions of law applicable to such lands as to residence, reclamation and cultivation, submit proof of such residence, reclamation and cultivation, which proof, if found regular and satis- factory, shall entitle the entryman to a patent, and all purchasers of water-right certificates on reclamation projects shall be entitled to a final water-right certificate upon proof of the cultivation and reclamation of the land to which certificate applies, to the extent required by the reclamation Act for homestead entrymen : Provided, That no such patent or certificate shall issue until all sums due the United States on account of such land or water right at the time of issuance of patent or certificate have been paid. Sec. 2. That every patent and water-right certificate issued under this Act shall expressly reserve to the United States a prior lien on the land patented or for which water right is certified, together with all water rights appurtenant or belonging thereto, superior to all other liens, claims or demands whatsoever for the payment of all sums due or to become due to the United States or its successors in control of the irrigation project in connection with such lands and water rights. Upon default of payment of any amount so due title to the land shall pass to the United States free of all encumbrance, subject to the right of the defaulting debtor or any mortgagee, lien holder, judgment debtor, or subsequent purchaser to redeem the land within one year after the notice of such default shall have been given by payment of all moneys due. with eight per centum interest and cost. And the United States, at its option, acting through the Secretary of the Interior, may cause land to be sold at any time after such failure to redeem, and from the proceeds of the sale there shall be paid into the reclamation fund all moneys due, with interest as herein provided, and costs. The balance of the proceeds, if any, shall be the property of the defaulting debtor or his assignee: Pro- vided, That in case of sale after failure to redeem under this sec- tion the United States shall be authorized to bid in such land at not more than the amount in default, including interest and costs. Sec. 3. That upon full and final payment being made of all amounts due on account of the building and betterment charges to the United States or its successors in control of the project, the United States or its successors, as the case may be, shall issue upon request a certificate certifying that payment of the building and betterment charges in full has been made and that the lien upon the land has been so far satisfied and is no longer of any force or effect except the lien for annual charges for operation and maintenance: Provided, That no person shall at any one time or in any manner, except as hereinafter otherwise provided, acquire, own, or hold irrigable lands for which entry or water right application shall have been made under the said reclamation Act of June seventeenth, nineteen hundred and two, and Acts supplementary thereto and amendatory thereof, before final payment in full of all instalments of building and betterment charges shall have been made on account of such land in excess of one farm unit as fixed by the Secretary of the Interior as the limit of area per entry of public land or per single ownership of private land for which a water right may be purchased respectively, nor in any case in excess of one hundred and sixty acres, nor shall water be furnished under said Acts nor a water right sold or recognized for such excess; but any such excess land acquired at any time in good faith by descent, by will, or by fore- closure of any lien may be held for two years and no longer after its acquisition; and every excess holding prohibited as aforesaid shall be forfeited to the United States by proceedings instituted by the Attorney General for that purpose in any court of competent juris- diction ; and this proviso shall be recited in every patent and water- right certificate issued by the United States under the provisions of this Act. Sec. 4. That the Secretary of the Interior is hereby authorized to designate such bonded fiscal agents or officers of the Reclamation Service as he may deem advisable on each reclamation project, to whom shall be paid all sums due on reclamation entries or water rights, and the officials so designated shall keep a record for the information of the public of the sums paid and the amount due at any time on account of any entry made or water right purchased under the reclamation Act ; and the Secretary of the Interior shall make provision for furnishing copies of duly authenticated records of entries upon payment of reasonable fees, which copies shall be admissible in evidence, as are copies authenticated under section eight hundred and eighty-eight of the Revised Statutes. Sec. 5. That jurisdiction of suits by the United States for the enforcement of the provisions of this Act is hereby conferred on the United States district courts of the districts in which the lands are situated. (Public No. 256, Approved, August 9, 1912.) RECLAMATION. DESERT LANDS PATENTS TO BE ISSUED ENTEYMEN ACT OF AUGUST 9, 1912, AMENDED. That any desert-land entryman whose desert-land entry has been embraced within the exterior limits of any land withdrawal or irri- gation project under the Act of June seventeenth, nineteen hundred and two, known as the reclamation Act, and who may have obtained a water supply for the land embraced in any such desert-land entry from the reclamation project by the purchase of a water-right cer- 709 tificate, may at any time after having complied with the provisions of the law applicable to such lands and upon proof of the cultivation and reclamation of the land to the extent required by the reclama- tion Act for homestead entrymen, submit proof of such compliance, which proof, if found regular and satisfactory, shall entitle the entryman to a patent and a final water-right certificate under the same terms and conditions as required of homestead entrymen under the Act entitled "An Act providing for patents on reclamation entries, and for other purposes, approved August ninth, nineteen hundred and twelve." (Part of Public No. 340, Approved, August 26, 1912.) Scrip. (See "Forest Lands," "National Parks.") State Lands. ARIZONA ALLOWED TO SELECT 2,000 ACRES WITHIN FORMER FT. GRANT MILITARY RESERVATION FOR ITS CHARITABLE AND PENAL GRANT. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all lands, together with the improvements thereon, within that part of the former Fort Grant Military Reservation, in the State of Arizona, situate and being outside the boundaries of the Crook National Forest, be, and the same hereby are, made subject to selection by the State of Arizona in partial satisfaction of the grant of one hundred thousand acres made to it for State charitable, penal, and reforma- tory institutions by section twenty-five of the Act of Congress approved June twentieth, nineteen hundred and ten (Thirty-sixth Statutes at Large, page five hundred and fifty-seven) : Provided, That such selection shall be made within three years from the date of approval of this Act : Provided further, That no more than two thousand acres of such lands shall be selected under the provisions of this Act. (Public No. 263, Approved, August 13, 1912.) Withdrawals. ACT OF JUNE 25, 1910, AMENDED ONLY CHANGE: "METALLIFER- OUS" SUBSTITUTED FOR "MINERALS OTHER THAN COAL, OIL, GAS, AND PHOSPHATES" AND CALIFORNIA ADDED TO SIX STATES IN WHICH THERE SHALL BE NO NEW FOREST RESERVES. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section two of the Act of Congress approved June twenty-fifth, nineteen hundred and ten (Thirty-sixth Statutes at Large, page eight hundred and forty-seven), be, and the same hereby is, amended to read as follows: "Sec. 2. That all lands withdrawn under the provisions of this Act shall at all times be open to exploration, discovery, occupation, and purchase under the mining laws of the United States, so far as the same apply to metalliferous minerals: Provided, That the rights 710 of any person who, at the date of any order of withdrawal hereto- fore or hereafter made, is a bona fide occupant or claimant of oil or gas bearing lands and who, at such date, is in the diligent prosecu- tion of work leading to the discovery of oil or gas, shall not be affected or impaired by such order so long as such occupant or claimant shall continue in diligent prosecution of said work: Pro- vided further, That this Act shall not be construed as a recognition, abridgement, or enlargement of any asserted rights or claims initiated upon any oil or gas bearing lands after any withdrawal of such lands made prior to June twenty-fifth, nineteen hundred and ten: And provided further, That there shall be excepted from the force and effect of any withdrawal made under the provisions of this Act all lands which are, on the date of such withdrawal, embraced in any lawful homestead or desert-land entry theretofore made, or upon which any valid settlement has been made and is at said date being maintained and perfected pursuant to law; but the terms of this proviso shall not continue to apply to any par- ticular tract of land unless the entryman or settler shall continue to comply with the law under which the entry or settlement was made : And provided further, That hereafter no forest reserve shall be created, nor shall any additions be made to one heretofore created, within the limits of the States of California, Oregon, Washington, Idaho, Montana, Colorado, or Wyoming, except by Act of Congress." (Public No. 316, Approved, August 24, 1912.) [Public No. 316.] [S. 5679.] An Act to amend section two of an Act to authorize the President of the United States to make withdrawals of public lands in certain cases, approved June twenty-fifth, nineteen hundred and ten. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section two of the Act of Congress approved June twenty-fifth, nineteen hun- dred and ten (Thirty-sixth Statutes at Large, page eight hundred and forty-seven), be, and the same hereby is, amended to read as follows : "Sec. 2. That all lands withdrawn under the provisions of this Act shall at all times be open to exploration, discovery, occupation, and purchase under the mining laws of the United States, so far as the same apply to metalliferous minerals : Provided, That the rights of any person who, at the date of any order of withdrawal hereto- fore or hereafter made, is $ bona fide occupant or claimant of oil or gas bearing lands and who, at such date, is in the diligent prosecu- tion of work leading to the discovery of oil or gas, shall not be affected or impaired by such order so long as such occupant or claimant shall continue in diligent prosecution of said work: Pro- vided further, That this Act shall not be construed as a recognition, abridgment, or enlargement of any asserted rights or claims initiated upon any oil or gas bearing lands after any withdrawal of such lands made prior to June twenty-fifth, nineteen hundred and ten : And provided further, That there shall be excepted from the force and effect of any withdrawal made under the provisions of 711 this Act all lands which are, on the date of such withdrawal, embraced in any lawful homestead or desert-land entry theretofore made, or upon which any valid settlement has been made and is at said date being maintained and perfected pursuant to law; but the terms of this proviso shall not continue to apply to any particular tract of land unless the entryman or settler shall continue to com- ply with the law under which the entry or settlement was made: And provided further, That hereafter no forest reserve shall be created, nor shall any additions be made to one heretofore created, within the limits of the States of California, Oregon, Washington, Idaho, Montana, Colorado, or Wyoming, except by Act of Congress." Approved, August 24, 1912. NATIONAL PARKS. ACQUIREMENTS OP PATENTED LANDS IN YOSEMITE SCRIP PRO- VIDED FOR. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Interior for the purpose of eliminating private holdings within the Yosemite National Park and the preservation intact of the natural timber along the roads in the scenic portions of the park, both on patented and park lands, is hereby empowered, in his dis- cretion, to obtain for the United States the complete title to any or all of the lands held in private ownership within the boundaries of said park, by the exchange of decayed or matured timber, that can be removed from such parts of the park as will not affect the scenic beauty thereof, for lands of equal value held in private ownership therein, and also, in his discretion, to exchange for timber standing near the public roads on patented lands timber of equal value on park lands in other parts of the park. JSec. 2. That the value of patented lands within the park offered in exchange, and the value of the timber on park lands proposed to be given in exchange for such patented lands, shall be ascertained in such manner as the Secretary of the Interior may, in his dis- cretion, direct, and all expenses incident to ascertaining such values shall be paid by the owners of said patented lands, and such owners shall, before any exchange is effective, furnish the Secretary of the Interior evidence satisfactory to him of title to the patented lands offered in exchange, and if the value of the timber on park lands exceeds the value of the patented lands deeded to the Govern- ment in the exchange such excess, shall be paid to the Secretary of the Interior by the owners of the patented lands before any of the timber is removed from the park, and shall be deposited and cov- ered into the Treasury as miscellaneous receipts. The same course shall be pursued in relation to exchange for timber standing near public roads on patented lands for timber to be exchanged on park lands : Provided, That the lands conveyed to the Government under this Act shall become a part of the Yosemite National Park. Sec. 3. That all timber must be cut and removed from the park under regulations to be prescribed by the Secretary of the Interior, and any damage which may result to the roads or any part of the park in consequence of the cutting and removal of the timber from 712 the reservation shall be borne by the owners of the patented lands, and bond satisfactory to the Secretary of the Interior must be given for the payment of such damages, if any, as shall be determined by the Secretary of the Interior. Sec. 4. That the Secretary of the Interior may also sell and permit the removal of such matured or dead or down timber as he may deem necessary or advisable for the protection or improvement of the park, and the proceeds derived therefrom shall be deposited and covered into the Treasury as miscellaneous receipts. (Public No. 117, Approved, April 9, 1912.) AGRICULTURAL ENTRIES. ON OIL AND GAS LANDS IN UTAH HOMESTEADS, DESEETS, ISO- LATED TRACTS, CAREY ACT SELECTIONS MINERAL RESERVED TO U. S. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That from and after the passage of this Act unreserved public lands of the United States in the State of Utah, which have been withdrawn or classified as oil lands, or are valuable for oil, shall be subject to appropriate entry under the homestead laws by actual settlers only, the desert- land law, to selection by the State of Utah under grants made by Congress and under section four of the Act approved August eighteenth, eighteen hundred and ninety-four, known as the Carey Act, and to withdrawal under the Act approved June seventeenth, nineteen hundred and two, known as the reclamation Act, and to disposition in the discretion of the Secretary of the Interior under the law providing for the sale of isolated or disconnected tracts of public lands, whenever such entry, selection, or withdrawal shall be made with a view of obtaining or passing title, with a reservation to the United States of the oil and gas in such lands and of the right to prospect for, mine, and remove the same. But no desert entry made under the provisions of this Act shall contain more than one hundred and sixty acres: Provided, That those who have initiated nonmineral entries, selections, or locations in good faith, prior to the passage of this Act, on lands withdrawn or classified as oil lands, may perfect the same under the provisions of the laws under which said entries were made, but shall receive the limited patent pro- vided for in this Act. Sec. 2. That any person desiring to make entry under the home- stead laws or the desert-land law, and the State of Utah desiring to make selection under section four of the Act of August eighteenth, eighteen hundred and ninety-four, known as the Carey Act, or under grants made by Congress, and the Secretary of the Interior in with- drawing under the reclamation Act lands classified as oil lands, or valuable for oil, with a view of securing or passing title to the same in accordance with the provisions of said Acts, shall state in the application for entry, selection, or notice of withdrawal that the same is made in accordance with and subject to the provisions and reservations of this Act. Sec. 3. That upon satisfactory proof of full compliance with the provisions of the laws under which entry is made and of this Act 713 the entryman shall be entitled to a patent to the land entered by him, which patent shall contain a reservation to the United States of all the oil and gas in the lands so patented, together with the right to prospect for, mine, and remove the same upon rendering compensation to the patentee for all damages that may be caused by prospecting for and removing such oil or gas. The reserved oil and gas deposits in such lands shall be disposed of only as shall be here- after expressly directed by law. (Public No. 314, Approved. August 24, 1912.) FOREST LANDS. TIMBER, MATURE, DEAD AND DOWN, TO BE SOLD HOMESTEADEES AND FARMERS AT ACTUAL COST. That the Secretary of Agriculture, under such rules and regula- tions as he shall establish, is hereby authorized and directed to sell at actual cost, to homestead settlers and farmers, for their domestic use, the mature, dead, and down timber in national forests, but it is not the intent of this provision to restrict the authority of the Sec- retary of Agriculture to permit the free use of timber as provided in the Act of June fourth, eighteen hundred and ninety-seven. (Part of Public No. 261, Agricultural Appropriation Act, Approved, August 10, 1912.) HOMESTEADS. SETTLERS ON ENLARGED HOMESTEADS GIVEN PREFERENCE RIGHTS MUST ENTER WITHIN THREE MONTHS ACT OF MAY 14, 1880, AMENDED. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section three of the Act of Congress approved May fourteenth, eighteen hundred and eighty (Twenty-first Statutes at Large, page one hundred and forty), be, and the same is hereby, amended by adding thereto the following : Provided, That any settler upon lands designated by the Secretary of the Interior as subject to the provisions of sections one to five of the enlarged homestead Acts of February nineteenth, nineteen hun- dred and nine (Thirty-fifth Statutes at Large, page six hundred and thirty-nine), and June seventeenth, nineteen hundred and ten (Thirty-sixth Statutes at Large, page five hundred and thirty-one), shall be entitled to the preference right of entry accorded by this section, provided he shall have plainly marked the exterior bounda- ries of the lands claimed as his homestead : And provided further, That after the designation by the Secretary of the Interior of public lands for entry under the nonresidence provisions of the enlarged homestead Acts of February nineteenth, nineteen hundred and nine, and June seventeenth, nineteen hundred and ten, any person who shall have plainly marked the exterior boundaries of the lands claimed under said provisions of law and made valuable improve- ments thereon shall have a preference right to enter the lands so claimed and improved at any time within three months after the date on which such lands become subject to entry; but such right 714 shall forfeit unless the settler or claimant under the provisions of the enlarged homestead Acts shall annually cultivate and improve the lands in the form and manner and to the extent therein required following date of initiation of his claim hereunder. (Public No. 258, Approved, August 9, 1912.) HOMESTEADS. THREE-YEAR LAW AMENDED FAILURE TO GIVE NOTICE OF ELEC- TION SHALL NOT PREJUDICE RIGHTS. That the failure of a homestead entryman to give notice of elec- tion of making his proof as required by the Act of June sixth, nine- teen hundred and twelve, being an Act to amend sections two hun- dred and ninety-one and two hundred and ninety-seven of the Kevised Statutes of the United States, relating to homesteads, shall not in anywise prejudice his rights to proceed in accordance with the law under which such entry was made. (Part of Public No. 302, Approved, August 24 ? 1912.) [Circular No. 176.] THREE-YEAR HOMESTEAD LAW ELECTION. Department of the Interior, General Land Office, Washington, October 1, 1912. Registers and Receivers, United States Land Offices. Sirs : Your attention is directed to the following provision in the act approved August 24, 1912 (Public, No. 302), making appropria- tion for sundry civil expenses of the Government for the fiscal year ending June 30, 1913 : That the failure of a homestead entryman to give notice of elec- tion of making his proof as required by the act of June sixth, nine- teen hundred and twelve, being an act to amend sections twenty- two hundred and ninety-one (2291) and twenty-two hundred and ninety-seven (2297) of the Revised Statutes of the United States relating to homesteads, shall not in anywise prejudice his rights to proceed in accordance with the law under which such entry was made. In view of the foregoing, paragraph 22, circular No. 142, of July 35, 1912, is no longer in force. In this connection you will observe the following provision of paragraphs 18 and 19 of said circular: By the section I am authorized, under rules and regulations to be prescribed by me, to reduce the required area of cultivation. Acting thereunder, I have prescribed the following rule to govern action on proof where the homestead entry was made prior to June 6, 1912, but through failure of election must be adjudicated under the new law. Respecting cultivation necessary to be shown upon such an entry, in all cases where, upon considering the whole record, the good faith of the entryman appears, the proof will be acceptable if it 715 shows cultivation of at least one-sixteenth for one year and of at last one-eighth for the next year and each succeeding year until final proof, without regard to the particular year of the homestead period in which the cultivation of the one-sixteenth was performed. The new law also requires that the proof shall be made within five years from date of entry, and if the entry is to be administered under that law the department is not authorized to extend the period within which proof may be made, but when submitted after that time, in the absence of adverse claims, the entry may be submitted to the board of equitable adjudication for confirmation. Very respectfully, S. V. PROUDFIT, Assistant Commissioner. Approved : SAMUEL ADAMS, First Assistant Secretary. 716 Township No. TOWNSHIP PLAT. [4590.] Ran:e Xo. Mer. 1 i j 1 i ! ' 1 i i , r , i i j i " 1 i i ! : | i ! .. [ . | 1 i 8! j ^ i j I 1 . i * I i j i i i - , i | i i i i i 3 j i i i 1 . ' ... ! i ! o i ! 2 , 2 j 1 i I 9 i - 1 i .... 1 '"] j ! 1 1 j i ; j ! i i , 3 Q j 3 f j j ! i i 1 i I i i i | INDEX. Abandonment (see Contest). Page Absence, leave of 26 to 31 Official employment 30 Judicial restraint 162 Accretions 31 to 32 Acreage 303 Act to repeal timber culture law and for other purposes 389, 390 Acts of Congress cited and construed 32 to 74 Acts not included in table of acts cited and construed 74 Additional Entries: (See Enlarged Homestead. See Homestead Entries.) Additional entries, when may be made 205 to 207 Additional entries, Idaho 205 Designation and classification 206 Compactness, fee 207 Form 207 Validation of entries 207 Final proof, commutation not allowed 208 Eight to make entry 208 Constructive residence, certain lands 208 Act June 17, 1910 209 Additional homestead 197 to 207 Adjoining homestead 171 Adjudication 291 Adjudication, board of, and rule 291 Adjustment of railroad grants 592 Administrator 146, 538 Advancement of cases 74 Adverse claim (see Mines and Mining) 375 to 435 Agricultural entries on coal lands 312 to 319 Agricultural entries within national forests 450 Agricultural Entries. (See Homestead, Desert, Isolated Tracts, and Forest Lands.) Circular and Instructions No. 79 312 Land to which act applies 312 Classes of entries 312 Hearing to determine 314, 315 Notice to chief field division 314, 315 Application, certificate and patent 316 Bond, form of 317 Act June 22, 1910 318 Alien 76 Widows and heirs of 76 Naturalization 76 Aliens may acquire town lots in territories 223 Alienation (see mortgage) 447B See forms Amendments. General! v 76 to 81 Sec. 2372 E. S ". 77 Grounds for 77 to 79 Form 80 Annual proof 276 Answer 510 Form of Appeal 516 See rules of practice 507 See specifications of error 717 718 Page Appearance (see rules of practice) f07 Applications 82 Priority of 83 Possession 84 Simultaneous 83 Unsurveyed lands 85 Islands 86 Survey, settlements before ; 83 Appraisement timber and stone land 583 Approximation, rule of 74, 75 Arid lands 465 to 468 Arkansas, pipe lands 112 Assignments: Generally 86 Coal lands 187 Crow lands Who recognized 86 Town lots 86 Homestead within reclamation project 87 Water rights (see reclamation) 87 (See Desert Entries.) Forms Assignments (See Reclamation Lands. See Crow Lands. See Scrip. See Desert Lands. See Water Eights) 274 Assigns 538 Attorney, admission to practice 523 See rules of practice Bounty land warrants 559 Building stone 593 (See Timber and Stone.) N Canals and ditches 90 Cancellations (see relinquishments) 487 to 543 Cary Act: Supplemental regulation ( Extension of time j 263 to 266 General laws and regulations ( Additional lands in Nevada 265 Additional lands in Wyoming 266 Additional lands in California 288 Cemeteries, parks and townsites 241 Circulars, regulations and instructions, table of ' 117 to 137 CIRCULARS IDENTIFIED BY NUMBER. No. 5 Ill No. 10 326 No. 24 463 No. 42 2 No. 47 260 No. 48 167 No. 50 565 No. 54 30 No. 68 413 No. 71 353 No. 79 319 No. 80 No. 81 No. 94 205 No. 99 204 No. 102 468 No. 103 358 No. 108 No. 110 505 No. 116 29'0 No. 117 360 No. 125 303 No. 127 326 No. 128 610 No. 137. 506 719 Circulars Continued. Page No. 141 546 No. 142 304 No. 157 352 Citizenship 7t5, 418 Claims (private) 170 Climatic hindrances 591 Coal lands 172 to 196 In Alaska 179 Coal lands (surface rights) 312 Coal lands selected by states 610 Colorado, validation of entries 289, 290, 597 Extension of time in desert entries 289 Oil and pipe lines 100 Commissioner of General Land Office 594 (See U. S. Commissioner) 166 to 170 Commutation proof 337 to 163 Confirmation, certain cases 595 Under Act March 3, 1891 596 See Validation of Entries 207 Contestant 163 (See Kules of Practice.) Contests 163 to 165 (See Rules of Practice.) (See Desert Lands.) (See Reclamation Lands.) Notices 169 Continuance (see rules of practice) 511 Contract See Reclamation Lands (See Water Rights). Corner stone, penalty for destroying 348 Lost and obliterated, how restored 364 to 375 Costs (see rules of practice). Crow lands 598 Cultivation 334 Death of entryman 309 Decisions, table of overruled and modified cases 600 Declaratory statements 56 Desert lands, entries, profits, etc 269 to 297, 608 Desert land, election by states and territories 251 to 265 (See Gary Act land.) Deserted wife 266 Desposition (see rules of practice) (see index to forms) 512 Devisee 333 Diligence. See rules of practice; ditches, right of way for 89 Divorce 267 Enlarged Homestead: Generally Instructions under act 195 Kind of land subject to 196 Designation and classification 196 Compactness, fee 197 Form of application 197 Additional entries 197 Additional entries (see Additional Entries). Final proof, original and additional entries 198 Right of entry 198 Utah, constructive residence 199 Sec. 6, residence 199 to 209 Proof, before whom made 199 Act February 19, 1909 (35 Stat., 639) 200 Form of application 200 Form application, additional entry 202 Settlement rights, additional entries, instructions 204 Entries Within National Forests: Generally 450 to 464 Circular and instructions 450 Survey 451 -Act May 30, 1908 455 720 Entries Continued. Page Opening of land 456 Conflicting entries 457 Mineral or agricultural claims 457 Circular January 10, 1911 457 (See Homesteads, Surveyed and Unsurveyed). (See Mineral Entries). Enlarged homesteads 196 to 351 Entry 141 to 273 Within national forest 440 Equitable adjudication 291 Equitable homestead 320 Equity 291 Evidence (see rules of practice) 507 Execution, homestead not subject to for debt contracted prior to patent.. Extension of time 265 to 290 Fees and Commissions: Generally 297 to 303 Declaratory statement 297 to 300 Donations, claims 298 Fees, cancellation 299, 300, 302 Homestead, original 297 to 300 Homestead, commissions (final) 303 Homesteads (final) 297 to 300 Mineral application and adverse claim 297 Military bounty land warrants 298 to 300 Mineral application 300 Porterfield warrants 298 to 301 Plats and diagrams 219 to 302 Eailroad and other selections 298 to 301 Keducing testimony to writing 299, 301, 302 Eecord information 299 to 302 State selections 298 to 301 Scrip, Agricultural College 298 to 301 Scrip (Valentine) 298 to 301 Scrip, supreme court 298 to 301 Scrip, soldiers additional right 297 to 300 (Same as Homesteads). Timber and Stone 297 to 300 Timber culture 298 Transcript of record 299 to 302 Testimony, copies of 303 Final proof 137 to 163, 251, 488 Florida 553 Forest reservations, agricultural and mineral entries in 450 Gas Land 458 Guardian. (See Circular No. 10. See Commutation and Final Proof. See Widows and Heirs. See Minor Heirs) Hearings 423 (See Eules of Practice). Heirs and widows 333 HOMESTEADS. Homesteads: Suggestions to persons making 326 Final proof 137 Enlarged, or 320 acres (see Enlarged Homestead) 338 Additional, enlarged 351 Additional, Act April 28, 1904 351 Adjoining 339 Adjoining farm 171 Additional, Act March, 1889 346 Second, Act February 3, 1911 348 Second, equitable rule 320, 321 Enlarged Utah 338, 608 Enlarged, Idaho 338 Three-Year Homestead Law 303 to 311 Eeclamation Project 468 Limit of acreage 303, 344 721 Homesteads Continued. Page (See Rule of Approximation.) (See Forest lands, see Agricultural entries within National Forests.) Settlers, see unsurveyed lands, Settlements, see widows and heirs. Validation of entries 207 Idaho. (See Enlarged homestead, see Carey Act Lands.) Improvements. (See Commutation and Final proof.) (See Three-Year Homestead Law.) Indians: Crow 598 Sioux Uintah. (See Table of Circulars and Instructions under name of tribe.) (See Assignments.) Use of ceded lands 605 Assignments of lands sold for benefit of 605 Vacant lands of 605 Insanity 76, 353 Instructions and circulars, table of 117 Intention to make proof 139 Notice of 139 Important information 139 (See final proof, commutation, homesteads, suggestions to home- steaders.) Island 86 Application for survey of. (See form) 86 Settlement on. (See settlements on unsurveyed land) 86 Isolated Tract : Generally 353 Nebraska 353 (See Coal land) 170 (See Land classified as coal) 360 Grazing or mountainous lands 353 Sec. 2455, Revised Statutes 138 Amendment to same 353, 358 Judgment 89 Homestead not subject to when 89 Judicial restraint 162 Kinkaid Law (Nebraska) 360 (See Isolated tracts) 353 Land decisions, Table of overruled and modified cases 600 Land Department 594, 595 (See Secretary of the Interior.) (See Commissioner General Land Office.) Land offices, List of 325 Lands, vacant 2 to 35 Leave of absence 26 Lieu selection 553 Lode claim. (See Mining) 375, 410 Penalty for destroying 348 Louisiana 553 Marriage 266-269 Married women 266 to 269, 348 Mill site 418 Mineral claims within National Forests 425 Mineral lands, mines and mining, regulations and digest 375 to 435 Mineral claims 436 (See Index forms) Mining laws 375 to 435 Minnesota, Swamp land. (See Table circulars, regulations and instruc- tions) 117 Minor heirs. (See Widows and heirs) 333 Sale of lands for benefit of 586 (See Index forms.) Miscellaneous 608 to 611 Money, what accepted at land office 167 Mortgage, Generally 447B to 450 Reclamation lands . 465 722 Mortgage Continued. Page Act August, 1912, reclamation lands. Not absolute alienation 448 For what purposes may be made 448 Confirmation 449 Notice of mortgage 449 Eights of, and notice of proceedings, or other action to the mort- gagee 449, 450 Naturalization 76 National forests, entries within 440, 450 Nebraska, failure of title, reembursement 591 (See Kinkaid Law.) (See Isolated tracts.) New Orleans Eailroad 595 Newspapers, publications of legal notices, etc., etc 150 Northern Pacific, adjustment of claims with settlers 171 Occupancy, unlawful ' 597 Officeholders, absence from land 30, 349 Oil lands 458 (See oil, gas and petroleum.) Oil, gas, petroleum: Generally 458 to 462 Assessment 458 Withdrawals and exploration 459 Act Feb. 11, 1897 458 Act June 25, 1910 459 to 464 Act March 2, 1911 460, 461 Location notices 461 Discovery 461, 463 Improvements 462 Maximum quantity, several persons 462 Owner of placer 462 Form notice. (See Index to forms.) Location made prior to March 2, 1911 463 Withdrawals 464 Patents 464 (See Mines and mining regulations.) Act March 2, 1911 (36 Stat., 1015) 459 Order advancing cases Parks and Cemeteries 210 Patent 595 Pavment, repayment 535 Perjury, penalty for 146, 621, 638, 639, 679, 681, 687 Petroleum. (See oil, gas and petroleum) 458 Pipe lines, Arkansas 112 Placer claims 375, 408, 416 (See Mines and mining.) Plat 299 Possession 440 Possessory right 419 Power transmission lines Ill Power sites. (See Table circulars, regulations and instructions) 117 to 137 Practice, rules of 507 Preference right 163 On relinquishment 544 (See Contest, see Rules of Practice, See Deserted Wives, see Applica- tions, Settlements.) Private claim 1^2 Indemnity scrip 557 Protest. (See Rules of practice.) Publication of final proofs: Generally 150 to 160 Nearest to the land 151 Protest 151 Designation of paper by register ._. . . 151 Laws and regulations 154 to 160 Desert lands 155 Timber and stone 156 States and Territories 157 723 Publication Continued. Page Mineral lands 158 Coal lands 158 Digest of decisions 160 Public sale 228, 547 Qualifications. (See Suggestions to homesteaders) 326 Railroad grant, New Orleans Pacific 595 Eailroad lands, adjustment of claims 592 Railroads, forfeiture Reclamation lands 465 Records 595 Rehearing. (See Rules of practice) 519 Reinstatement. (See Reclamation lands) 465 Relinquishment 349, 543 Relinquishments: Generally 543 to 546 Contestant 's preference right 544 Conditional 545 By Indians 546 Possession not defeated by Parts of farm units, reclamation projects 545 Repayment 535 Repayments: Generally 535 to 541 Circular July 23, 1910 535 Application 536 Act June 16, 1880 (21 Stat., 287) 5 Fees, commissions, and excesses 537 Double minimum excess 537 Purchase money 538 Heirs, executors, administrators, and assigns 538 Definition of ' ' erroneously allowed " 539 Act March 26, 1908 539, 540 Credits for payments 541 Digest of decisions 541 Reservoir lands. (See Canals and ditches, etc., etc.) Residence 268, 305 (See Commutation proof, see Final proof, see Deserted wife, see Judi- cial restraint, see Official employment.) Revised Statutes, recited and construed, table of 527 Right of way. (See Canals, ditches, etc.) Rule of approximation 74 Rules of practice 507 (See Miscellaneous matter) 608 to 612 Sale or disposal of public lands 547 (See Isolated tract, see Timber and stone.) Saline lands and salt springs 551 Saline lands 551 Character of lands 551, 552 Act June 12, 1877 553 Salt springs 553 Digest of decisions 553 School lands' 86 Scrip 553 (See Bounty land warrants, see Indemnity lands, private.) Second homestead ^ 320 Secretary of the Interior 594 Settlement, restored lands 590 Settlement 82 to 86, 544 Settlement, school lands 86 Settlement, priority of 83 Settlement on unsurveyed land 85 Settlers 83 to 85 Railroad grants 590 Simultaneous applications T 83 Soldier 's additional homestead .i.->:i Soldier 's homestead 559 Special agents. (See Table of circulars, Regulations of instructions) 523 724 Page Specifications. (See Index of forms) 701 States and Territories. (See Carey Act) Statutes, cited and construed. (See Table of) 527 Stone land 593 (See Timber and stone) 565 Suggestions to homesteaders 326 Suggestions, important 608 to 612 Suggestions to U. S. commissioners 166 to 170 Supervisory power 550 Supervisory control 550, 594 Authority of Secretary 550, 594 Authority of Commissioner 550 Inherent power 550 and 594 (See Rules of practice.) Surface rights, Act March 3, 1909, and June 22, 1910 312 Survey 188 Survey at request 594 Survey, special deposits 599 (See Table of circulars, constructions and regulations.) Surveyor 422 Swamp land. (See Table of circulars, regulations and instruction?) 117 Table of Acts of Congress, cited and construed 32 to 74 Table of overruled and modified cases 600 Table of Eevised Statutes 527 Telephone line. (See Right of way) 104 Three-Year Homestead Law: Circular No. 125 303 Circular No. 142 304 Cultivation 305, 306 Cultivation, character of 307 Cultivation, reduction 307 Commutation 309 Death of homesteader 309 Election of entryman 304, 307 Entries to be adjudicated 305, 309 Entries requiring residence 307 Exceptions, cultivation 307 Entries made, proofs thereon under old law, adjudicated under new law 310 Residence 305 Leave of absence 308 (See Leave of absence) 30 Act June 6, 1912 310, 311 Timber and Stone Act, with regulations thereunder 565 Timber and stone: Generally 565 to 582 Appraisements 565 Designations, how determined 568, 569 Method and manner of return 566 Character of lands subject to 565 By whom entries may be made 566 Sworn statement, deposit 567 Deposition of applicant 567 Final proof 570 Act concerning 572 to 574 Form 574 to 582 Timber and stone blank 565 Timber cutting 688 Timber cutting on mineral lands 215 to 231, 689 Timber cutting, application for. (See Index of forms) 684 to 689 Township plat: Cost of 302 Townsites. (See Reclamation projects, see Assignments) 210 to 247 Trials. (See Rules of practice) Tramroad. (See Rights of way, canals, ditches, etc.) Tramroads 108 Transcript, preparation of 167 725 Page U. S. Commissioners 166 Suggestions to 166 Money 167 Arrangement of papers 167 Preparation of transcript 167 Preparing and transmitting application 168 Desert entries 168 Desert proofs, annual and final 68, 69 Contests 169 (See Fees and commissions) 297 to 303 Unsurveyed lands 85 U. S. Land Offices 325 Vacant lands 3 to 26 Alabama 3 Arizona 4 . Arkansas 4, 5 California 5, 6 Colorado 6, 7, 8 Florida 8, 9 Idaho 9, 10 Kansas 10 Louisiana 11 Michigan 11, 12 Minnesota 12, 13 Missouri 13 Montana 14, 15 Nebraska 15, 16 New Mexico 17 North Dakota '. 18 Oklahoma 19 Oregon 19, 20 South Dakota 20, 21 Utah 21, 22 Washington 22, 23 Wisconsin 23 Wyoming 24 Vacant lands by counties and States 2 to 25 Recapitulation 25 Vacant ceded Indian lands 605 Validation of entries 207 Wagon road 588 Wagon road grant Warrant 557 Water, adjudication 587 Water right 587 Water right, vested 492 Words and phrases 589 Widows and heirs >. . .333, 334, 488, 585 Widows and heirs of soldiers and sailors 560 Citizenship 76 Withdrawals. (See Reclamation lands, see Desert lands, see Mineral lands, see Oil and gas lands, see Carey Act lands.) Witnesses 588 Women, married 266 to 269, 248 Wyoming. (See Carey Act) Oil pipe lands 90 (See Canals, ditches, etc.) TABLES. Overruled and modified cases 600, 605 Acts of Congress, cited and construed 32 to 74 Revised Statutes, cited and construed 527 Circulars, regulations and instructions 117 to 137 Rules of practice 507 FORM INDEX. Page 4 001 Application to purchase 612 4 002 Military Bounty Land Act 613 4 003 Homestead entry enlarged 613 4 003A Homestead entry enlarged Utah 613 4 004 Additional homestead enlarged 615 4 006 Agricultural college scrip 615 4 007 Homestead entry 615 4 007A Application for reduction of area 615 4 008 Homestead, additional, Sec. 2306 619 4 008A Soldiers' additional homesteads by assignee 620 4 -008B Isolated tracts 621 4 008C Isolated tracts Nebraska .621 4 Oil Application to purchase 623 4012 Supreme Court 623 4 012A Valentine land scrip 623 4 012B Act of July, 1898, individual 624 4 018 Additional homestead, Act April 28, 1904 625 4 018A Notice of adverse proceedings 627 4 019 Water right application, Indian land 628 4020 631 4 020A Water right application, private ownership 634 4 021 Water right, reclamation land 635 4 021A Water right application with credits 637 4 022 Eegister's certificate, Act June 2, 1858 638 4 022A Application for survey island 639 4 024 - Notice of filing adverse claim mineral application 641 4 024B Notice of filing mineral applications 641 4 053 Affidavit and motion for deposition 641 4 062 Non-mineral affidavit 643 Affidavit for land, State of Missouri 643 4 061A Forest reserved selections 642 4 062A Non-saline affidavit 044 4 067 Adjoining farm homesteads 645 4 069 Affidavit in commuted entries 645 4 070 Final affidavit homestead claimants 645 4 072 Application to contest 646 4 072A Notice of contest 647 4 072B Affidavit aad order for publication notice of contest 648 4 072C Notice of contest (publication) 648 4 072D Answer by contestee 649 4 072E Notice of "hearing 650 4 072F Notice to the contestant of decision 650 4 072G Transmission of papers 650 4 072H Motion for default 703 4 073 Final affidavit reclamation project 651 4 074A Affidavits of assignees of original instrument 651 4 074B Desert land entry yearly proof 653 4 076 Affidavit contested cases swamp land grant 656 4 081 Affidavit and motion for commission to take depositions orally. . . 656 4 082 Commissions to take depositions orally 657 4083 Stipulation 658 4 093 Application for isolated and disconnected tracts (Nebraska) 659 4 095a Commission to take depositions on interrogatories 660 4 100 Notice to take depositions, not on interrogatories 661 4 102b Affidavit since August 30, 1890 661 4 109 Application for repayment 704 726 727 Page 4 109b Applicatioii for repayment commissions 662 4 109c Excess payments 662 4 187 Notice to the recorder of deeds, cancelation of certificate 663 4 189 Eegister's certificate. Cash entries 663 4 196 Begister 's certificate 664 4197 Certificate" under Sec. 2306, R. S 664 4 200 See desert land proof 4 201 Register's final certificate mineral entry 664 4 219a Register's final certificate coal entry 665 4 235 Sioux half breed reserve at Lake Pepin, certificate 665 4 252f Letter fording mineral proof 666 4 274 Desert land entry declaration of applicant and witnesses 666 4 274c Desert land entry, affidavit of assignee 669 4 348 Application to make final proof, see page 4 348a Notice for publication (register) 670 4 348b Notice for publication (publisher) 670 4 348c Notice for publication isolated tract (register) 671 4 348d Notice for publication isolated tract (publisher) 671 4 348e Notice for publication (registered), timber and stone act 672 4 348h Notice for publication isolated tract (Nebraska) 673 4 350 Coal lands, declaratory statement 673 4 357 Notice of right of election, Act March 3, 1909 674 4 358 Notice to non-mineral claimant, Act June 22, 1910 67-~> 4 360 Affidavit coal land, distance from completed railroad 67(5 4 363 Notice of adverse claims 677 4 365 Notice for publication coal entry, Sec. 2347 R. S 4 369 Final proof testimony of claimant, see page 141 4 370 Application sworn statement and other forms, see pages 275, 575 4 372a Desert land entry, final proof, testimony of claimant 677 4 373a Desert land entry, final proof, testimony of witness 680 4 385 Coal lands, application to purchase, Sec. 2348 R. S 682 4511 Statement of cost 682 4 519 Application for leave of absence, see page 28 4 522 Timber and stone entry, sworn statement 683 4 524 Notice of appraisement 684 4 545 Homestead declaratory statement 685 4 548 Reservoir declaratory statement 686 4590 Township plat ! 688 4 621 Relinquishment 688 4 622 Subpoena 688 Cutting timber of public lands: 4 022b Application for permit to cut timber 689 4 022d Application for permit to cut timber on mineral land 694 4 590 Township plat -. 707 UNOFFICIAL FORMS. B Notice of location of placer claim 697 C Notice of location quartz claim 697 D Proof of posting notice and diagram on claim 697 E Notice of publication location of scrip 698 F Notice of location, soldiers' additional rights 698 G Notice of forest lieu selection 699 H Scrip locations, affidavit of posting 699 I Affidavit of posting contest 699 J Affidavit of mailing contest 700 K Appointment of attorney 700 L Notice of appeal 700 M Specifications of error 701 N Affidavit of loss or destruction of register's final certificate 701 O Request for patent, affidavit of present owner 701 P Notice of mortgage 702 Q Assignments 705 R Desert entries 706 INDEX TO ADDENDA. Addenda 707-716 Withdrawals: Act August 24, 1912 709, 710, 711, 712 Oil lands: Act August 24, 1912, Utah, desert, Carey Act selections, etc., etc. . . .710-713 Gas lands: Act August 24, 1912 710, 711 Utah, desert, Carey Act selections, etc., etc 710-713 Forest lands: Timber, dead and down, sale of 713 Timber cutting: Dead, down, sale of 713 Settlements : Act May 14, 1880, amended 713, 714 Act Aug. 9, 1912 713, 714 (See Enlarged homestead.) Enlarged homestead: Eights of settlement, preference right of 713, 714 Three-Year Homestead Law: Amended by Act Aug. 24, 1912 714 Circulars : No. 176 714, 715 Scrip : Act April 9, 1912, National Forests, patented lands 711, 712 Reclamation: Patents, sale, etc 707, 708, 709 Desert land, patents, assignments, etc., Act July 24, 1912 708 Homesteads: Preference right 713, 714 State lands: Arizona 709 UNIVERSITY OF CALIFORNIA LIBRARY Los Angeles This book a DUE on the last date stamped below. DEC 15 1977 41585 A 000 679 962