DEVISEES.

The term legal representatives includes, heirs, and assignees,
DIMINISHED RESERVE LANDS.
Kansas trust and, disposition of,

DISABILITY.

Soldier discharged for, time to which he is entitled,

PAGE

. 494

713-14-15-19-20

268

In case of soldier's, he may make final proof before county clerk, 269
DISCHARGE.
Certified copy of certificate of, to be furnished by party claiming
under soldiers' and sailors' homestead act; provision in case this
cannot be procured,

Certified copies of certificate of, must be furnished by original ap-
plicants under soldiers' and sailors' homestead law,

Certified copy of certificate of, required of certain homestead set-
tlers,

DISTRICT COURT.

187

Resurveys ordered into the, after act of July 1, 1864 passed are
under the commissioner's supervision, but those made before the
act are not,

Jurisdiction of, in California under the act of March 3, 1851,

DOCKET.

563

574

Of all declarations filed under act providing for sale of desert lands
in Lassen County, Cal., to be kept by register and receiver,
Abstract of, to be forwarded to General Land-Office,
DONATION CLAIMS.

217

217

Under act September 27, 1850, will be patented although coal may
be found upon the tracts,

674

Entry of, not limited to surveyed land,

Entries of, prima facie regular cannot be set aside on allegations of
fraud by stranger,

751

751

No distinction made under timber culture laws between minimum
and, lands,

Lands, soldiers and sailors of late war are allowed to enter,
Only half as much, land can be included in a homestead commuted
from a pre-emption as was embraced in the filing where land
has increased in rating,

263

319

Even sections only are raised to, under act of July 2, 1864, within
limits of Northern Pacific road,

381

DUPLICATE RECEIPT.

Patent to be delivered in case of cash purchase by private entry,
upon surrender of,

180

To be given homestead applicant for fees, &c., paid by him,
To be surrendered by homestead party in case he desires to relin-
quish his claim,

183

248, 184

Provision in case duplicate receipt has been lost,

Surrender of, to General Land Office for procuring cancellation of
homestead entry is not allowable,

Affidavits of, on maps of surveys and locations of railroad and
state corporation grants,

346, 345, 344

ENTRY. (See Homestead, Pre-emption, Timber Culture, Toun-site, &c.)
Joint, when and how it may be made,

When heirs of deceased pre-emptor are entitled to make,

ENTRY, Continued.
Must be made for exclusive use, &c., of party making, under home-
stead laws,
Another, of homestead claim contested on charge of abandon-
ment cannot be made until entry covering the same is can-
celled by General Land-Office,

When cancelled land is open to first legal applicant, unless with-
drawn from, by competent authority,

Second, not allowable where homestead party relinquishes or
abandons his claim,

Where cancelled for some other reason than relinquishment or
abandonment party may make second,

Immediate, may be made by homestead party under soldiers' and
sailors' provisions,

May be made at any time within six months after filing declara-
tion by party claiming under soldiers' and sailors' homestead
provision,

Failure to make within six months from filing by party claiming
under soldiers' and sailors' homestead act considered as an aban-
donment, .

PAGE.

182

184

184

184

184

186

186

186

Provision in case party was prevented by good cause from making, 186
Additional, may be made by beneficiaries under soldiers' and
sailors' homestead law, provided that they do not enter more
than 160 acres,

Where first, has been consummated in such cases, the party apply-
ing to make additional entry will be required to make applica-
tion and affidavit according to forms 16 and 17,

Table of commissions and fees to be paid on homestead entries in
certain states and territories,

Where made on $2.50 lands by officers, soldiers and sailors under
section 2304, Revised Statutes, double amount of commissions
must be paid,

Privilege of, under timber culture act is confined to certain
sons,

Privilege of making more than one, under timber-culture act con-
fined to certain persons,

189-650

The breaking and planting of one-fourth of land embraced in, to
be regarded as the ratio in all cases, under the 1st section of
timber-culture act,

189-650

One-fourth part of area required to be devoted to timber must be
broken within one year from date of, under timber-culture
law,

189-651

In no case will one, be allowed to embrace lands in different town-
ships and ranges,

Additional homestead, form of application for,
Additional homestead, form of affidavit for,
Additional homestead, form of final certificate for,

Cancellation of an, made of offered land does not restore the land
to private,

Made on the same day by same party restricted to one township and
range under circular of Sept. 12, 1872,

199

· 198
198-99

212

215

Papers, &c., to be issued in such cases by register and receiver,
Land covered by cancelled homestead; how disposed of,

Party is allowed to make, or location of a reclamation under act to
provide for sale of desert lands in Lassen Co., Cal., at the rate of
$1.25 per acre,

Homestead, abandoned after definite location of railroad, excepts
land from the grant,

Fraudulent homestead, does not except land from the railroad
within whose limits it may be made,

Second, allowed on railroad lands covered by prior cancelled home-
stead entries will be approved,

An, is prima facie a valid one, and the party attacking it must affirm-
atively show cause for its cancellation,

249

327, 326

390

392

594

PAGE.

ENTRY, Continued.
Homestead, though afterwards abandoned, excludes land from rail-
roads definitely located during the first six months after entry, 396
Homestead, made before definite location but relinquished in writ-
ing before such definite location, although the entries were not
cancelled until after location, did not take the land from the rail-
road,

The rule of construction in force at time of hearing will be applied
to each, not patented, though a different rule may have prevailed
at time proceedings commenced,

And filings, how made in reference to Cherokee strip,
Under the donation acts prima facie regular and valid cannot be
set aside on allegations of fraud by strangers in interest,

397

399

706

751

The donation act of February 14, 1853, does not limit, to surveyed
lands,

751

Instructions under graduation,

793

Application of A. C. S. to commuted homestead,

795

Land covered by an erroneous, on the books of the local office is
not subject to private entry,

Suit in, may be instituted in name of the United States to avoid a
certificate for land erroneously issued to a railroad,

Proceedings in case of, of one name and substitution of another in
M. B. L. Warrant,

Of death of widow under soldiers' and sailors' homestead pro-
visions, what to consist of,

187

Of marriage of widow under soldiers' and sailors' homestead
visions; what to consist of,

pro-

187

In case of homestead relinquishments may be taken before regis-
ter and receiver, or before some person authorized by law to
administer oaths,

248

Of abandonment must be the testimony of two witnesses,
Of homestead claimant's insanity will prevent contest of his entry
for abandonment,

249

251

Of marriage; what to consist of, under soldiers' and sailors' home-
stead provisions,

Of death; what to consist of under soldiers' and sailors' homestead
provisions,

265

265

Of military service of husband and affidavit of widowhood must
be furnished by widows claiming under soldiers' and sailors'
homestead provisions,

265

Satisfactory, of certificate of discharge must be furnished by par
ties under soldiers' and sailors' homestead law, .
Prescribed, of military or naval service must accompany applica-
tions for additional land under soldiers' and sailors' homestead
act,

265

265

Of discharge from military service, what to consist of,
Must show that a pre-emption claimant is a citizen or has declared
his intentions of becoming such,

271

287

Declarations of being a citizen of United States are not competent,
under pre-emption law, in case of contests, .
Admissions that party is not a citizen are sufficient,

287

287

Time of filing map in Interior Department is prima facie, of date
of definite location of the railroad,

366

Upon satisfactory, being furnished that a State has accepted the
grant, the General Land-Office will issue its certificate, &c.,

487

EVIDENCE, Continued.

Only the clearest and most positive, can set aside the record in a
private land claim,

EXCESS RECEIPT.

PAGE.

551

When to be issued for payment on selections made by California, 442
EXPENSES.

Incident to trial on charge of abandonment by homestead party to
be paid by contestant,

184, 249

Amount of, chargeable by local officers in cases of locations with
warrants,

Must be paid at time of location,

For locating agricultural college scrip same as on warrants,
Legal, must be paid by party making homestead entry,

Receipt for, to be issued by receiver to party making homestead
entry, upon his compliance with certain requirements,
Parties desiring to make additional entries under soldiers' and
sailors' homestead provisions must pay same fees and commissions
as required on first entry,

One dollar each allowed register and receiver for receiving and
filing certain declarations under soldiers' and sailors' homestead
provisions; States and Territories in which 50 per centum addi-
tional is allowed,

Table of, &c., to be paid by parties making homestead entries in
certain States and Territories,

Table of, &c., to be paid on homestead entries made in the Pacific
and other political divisions,

For entries under timber culture laws, &c.,

180

180

180

182

183

186

187

188

189

651, 648, 646, 190

In payment of, no difference to be made between minimum and
double minimum lands under timber culture laws,
And commissions in cases where entries are made of fractional
subdivisions under timber culture laws to be accounted for in
usual manner, &c.,

190, 650

191, 650

Provision in case the register or receiver or any other officer charges
or receives, not authorized by law,

193

Form of receiver's receipt for, for filing declaratory statement,
Schedule of, and commissions in homestead cases,

193

261

Allowed to be charged by register and receiver under soldiers' and
sailors' homestead provisions,

265

Of one dollar each to register and receiver for each location of 160
acres for railroad or State for benefit of corporations,

338

Receiver will account for above, &c.,

339

Paid on original selections of railroads may apply on indemnity se-
lections,

341

Under circular of June 17, 1875, under act of March 3, 1875, for re-
lief of settlers within railroad limits,

406

For locating Agricultural College Scrip same as for location of mili-
itary bounty-land warrants,

No, allowed for selections made within any State for its own use,
but only upon scrip locations by assignees,

Payable at date of timber-culture entry under 1st sec. act of March
3, 1873,

487

647

And commissions in entries of Cherokee scrip, same as in pre-emp-

tion cases,

706

For locating military bounty-land warrants,

732

Of one dollar must accompany M. B. L. W. to be examined by Gen-
cral Land Office,

733

FENCED.

Land used for grazing not required to be, under 8th sec. act of July
23, 1866,

FILING (See Declaration and Declaratory Statement.)

PAGE.

469

291

308

Of D. S. must be made thirty days after settlement on offered land
and within three months on unoffered lands,
Pendency of contest does not exclude pre-emption settlement and, 292
Special instructions under circulars of May 5, 1871, and July 20, 1872,
as to when proof and payment must be made under certain,
A, is prima facie a valid one and the party attacking it must show
affirmatively cause for its cancellation,
Second, allowed on railroad lands covered by prior cancelled pre-
emption claims will be approved,

327, 326

Expired, is to be treated as other filings under circular of August
15, 1872, (No. 407,)

Made on Osage land and amended before an adverse right had ac
crued is proper,

FINAL CERTIFICATE.

When to issue to parties applying to make additional homestead
entries under act March 3, 1873,

FINAL DECREE.

Where, designated specific boundaries they must be followed,
Land embraced in, of private land claim must be surveyed to be
convenient of access, and equal in value to portion excluded,
Of a court governed by the common law must be construed by the
ordinary common law rules applicable thereto,

Cases of Rancho Sausal Redondo and Rancho Niguel where the
quantity confirmed by, of the district court and the decision of
the Board differs,

In a private land claim of half a square league having been made
after new standard (4438 f acres) was adopted, awards 2219,3

acres,

FINAL PROOF.

68

A married woman deserted by her husband and entering a home-
stead, &c., should, upon making, receive patent in her own name
notwithstanding her husband's return,

564

567

232

244-45

Proceedings in case, has not been made, &c., before the time for
completing title has expired under homestead laws,
May be made by brothers of deceased homestead settler if the only
heirs,

247

Evidence that homestead party has alienated a part of his tract &c.,
is proper when, is made,

What to consist of under grasshopper act,

258

259-62

In case of disability of soldier, may be made before county clerk, 269
In making, soldier homesteader should present certified copy of
certificate of discharge, satisfactory evidence of service or state-
ment from War Department, .

271

In case of application for additional land by homestead party who
had made, a final certificate will issue, &c.

276

Provision in case such party has not made,

276

In case party applying for additional entry has made, final certifi-
cate will issue upon proper proof of military service,
Provision in case such party has not made,

278

278

In case party who applies for additional land has not made, he will
be allowed to make additional entry on proper proof of military
service, &c.,

278

On what, final homestead certificate to issue for original and addi-
tional tracts at same time,

276, 278, 279

On a homestead entry may be made by Receiver provided same
was instituted prior to his appointment,

280

A receiver who has made, on a homestead entry made prior to his
appointment, may make additional entry,

280

Party who owned 320 acres when he made' D. S., but did not own
at time of making, is not entitled to a pre-emption claim,

288