PRE-EMPTION CLAIM, Continued. In case of death of, title may be perfected in name of "the heirs" Act of Dec. 28, 1874, applies only to actual, not to those who When a married woman is entitled to, in her own name, Is not necessarily forfeited by a, mortgage which when released is PAGE 182 262 286 313, 14 To initiate a valid, on land covered by a homestead entry, some A purchaser in good faith and for a valuable consideration of a 316 319 319 Proof, how prepared for transinission to the G. L. O., Agricultural college scrip may be received in payment for, On offered, unoffered, surveyed and unsurveyed lands, acres May be paid for in part, May be forfeited by sale of land or timber growing thereon, A D. S. on file in the proper office is notice to the world of the loca- A substitution of one tract for another is virtually a new state A state selection on land held in reservation by an unadjusted A, of record is prima facie evidence of a valid right, 306 309 311 312 313 322 324 330 405, 389 Land embraced in a, claim fraudulent in its inception or abandoned Proceedings to contest, claims within railroad limits,. A foreigner, by his D. S cannot as a pre-emptor except land from Neglect to file within legal time does not forfeit, provided 389 405,389 405 no ad- A public officer may reside where the law requires without losing A railroad is not an adverse claim to a, acquired before definite lo- 409 409 412 Under the third section of the act of July 1, 1862, within U. P. R. R. Abandoned before definite location of a railroad passes to the road, 416 439 Lands to which valid, have attached are not confirmed to Cal. by 450 Provision in case agricultural college scrip is presented in payment of, of $2 50 land,. 486 Timber culture entry will be cancelled when in conflict with a valid, 654 PRE-EMPTION CLAIM, Continued. Coal lands are excluded as mines from a, under act of 1841, Not allowed where party made settlement for trade and not agricul- Settlements made on lands selected for a town site are not subject And homestead settlements are not allowed by Osage Indian Military bounty-land warrants may be used in payment of, even Evidence must show that, was a citizen or had declared his inten- Who at time of filing D. S. owned 320 acres land, but did not Own Pendency of contest between, does not exclude pre-emption filing May, under sec. 5, act March 3, 1843, file after three months, if no PAGE. 661 696 683 686 700-2 731 194-5 287 288 292 292 Who gives notice of claim on unsurveyed land may enter the land Whose D. S. is rejected by the local officers should not suffer by May make joint entry under act March 3, 1873, In Minnesota, instructions under act of June 3, 1874, 296 299 301 311 Who entered upon reserved land cannot contest a homestead Is disqualified who contracts in writing to sell growing trees, which At any time within lifetime of, filing may commute to homestead 318 On land afterwards raised to double minimum, can on commuta- And homestead claimants to be protected in case California selects Should make affidavit prior to date of first state application, Bona fide right of not to be interfered with in extending lines of pub- PRE-EMPTION DECLARATORY STATEMENT. (See Declaratory State- ment.) To be filed where tract is offered land, . Second filing of, prohibited in certain cases, Second legal filing allowed when first filing is illegal, PRE-EMPTION ENTRY. Land embraced in a cash, cancelled because it embraced more than And homestead entry, all sections odd and even are subject to, un- Modification of rule that a stranger in interest cannot attack a, PRE-EMPTION LAWS. Of Sept. 4, 1841, Of June 2, 1862, 208 Lands covered by unexpired homestead filings may be filed upon under, 272 PRE-EMPTOR. Entitled to make entry, &c., 182 226 226 A qualified party may settle as a, on unsurveyed land, If a single woman marry after filing D. S. she abandons her right as a, Who settled prior to railroad withdrawal may enter his land at Homestead entry should stand when prior, fails to make proof and A State selection of land already withdrawn by an unadjusted con- 287 295 321 321 325 328 Claimant under a State selection of unsurveyed land as indemnity 467 Must make settlement prior to survey in the field to give valid 483 Is allowed to use Agricultural College Scrip without limit to quan- How to be made, Of actual residence and cultivation to be made within one Manner of making, and payment for unsurveyed tracts entered, When selections on unsurveyed lands give, 181 year 181 181 450 PREFERENCE RIGHT. Coal lands may be disposed of, by granting a, of purchase, Of Railroad, certificate of, to map of location and completed road Of a town site company is not authorized to file in behalf of inhabi- PRICE. (See Payment.) Of coal land per acre, Maximum, to be paid on coal lands in vicinity of completed rail- PRIVATE ENTRY. Title to public lands, how acquired at, By cash purchases at, how made, By locations with warrants at, how made, 346, 345 696 667-68 668 179 179 180 180 180 PRIVATE ENTRY, Continued. Form of declaratory statement in cases where land claimed is not Form of declaratory statement in cases where the land claimed is Cancellation of an entry made of offered land does not restore the PAGE. 194 194 212 213 214 Odd sections never having been offered, are not subject to, 216 Lands covered by unexpired homestead filings when in market 272 After notice of restoration to, and before date of restoration, no S. H. B. scrip is locatable on unoccupied land subject to, Not more than three sections in one township can be entered at, 307 373 486 486 667 Disposition of coal land at, is subject to any valid prior adverse right, 670 land subject to, 731 Land covered by an erroneous entry on the books of the local land 803 Land embraced in an unadjusted, is "reserved" within the mean- 421 Land within an unadjusted, afterwards excluded from the pat- No school selection to be made in a township falling wholly In ascertaining full amount of school land the, will be considered 439 450 451 451 Purchased from Mexican Grantees, which have been rejected, &c., Certain, derived from Spanish or Mexican authorities were finally Patents for, issue to the confirmee or his legal representatives Instructions under act of June 22, 1860, dated October 25, 1860, Instructions under act of June 10, 1872, dated July 18, 1872, 452 452 494 523 525 527 527 528 529 Quantity of land of, within exterior boundaries must be located in 529 532 Specific boundaries of California, designated in the final decree Final decree confirming, is conclusive both as to title and extent, PRIVATE LAND CLAIMS, Continued. Juridical possession of, in California is a segregation from the pub- Survey of, is final when made prior and approved subsequent to Only the clearest and most positive evidence can set aside the record in. Publication of survey of, under act of 1860 should commence in sec- The successor to surveyor-general who approved the survey of, can- A claimant who failed to present his claim to the Board is not en- Cases of Ranchos Sausal Redondo and Niguel where the decree of PAGE. 532 532 547 548 548 548 550 559 559 563 564 565 The conveyances may be examined by the General Land-Office 567 567 Sales under, are to be treated as selections where grant is for quan- 568 568 When first selection under, may be abandoned, Survey of, in California made under act of March 3, 1851, and ap- Location of, where boundaries are described in the final decree in 577 577 601 606 sur- 607 The Beaubien decision does not apply to an application for a sur- Patents should be issued for all, confirmed by Congress and Until title is actually vested in a claimant Congress has full power PRIVATE LAND SCRIP. (See Certificates of Location.) May be located in the name of the assignee, but such location can- 611 612 . 680 When to be made by pre-emption settlers on unsurveyed land, Final, when and how to be made by homestead party, |