Page.

51

The plaintiff having rested his case on the
admitted testimony of his absent witnesses,
and paid the costs to that point of the case,
is not excused from paying the costs of tak-
ing the testimony of defendant's witnesses
Contestants required to deposit for a rea-
sonable estimate of preliminary costs, and
additional deposits may be required if found
necessary
Costs of transcribing cross-examination
charged to the party making the same..... 194
Protracted hearings and vexatious accu-
mulation of costs are within the control of
the local office..........

Cultivation.

194

.. 194

See Entry, Homestead, Pre-emption, Residence.
Deposition.

See Evidence.
Desert Land.

The conversion of a worthless tract into
grass bearing land constitutes reclamation.
Entry will not be disturbed where the de-
fault in reclamation is cured before contest
is brought..

The only reclamation specified in the act
is by conducting water upon the land......
There is no penalty provided for failure
to reclaim, but, in the place of forfeiture,
the purchaser is required to advance a part
of the purchase price as an assurance of
good faith

Entres for, treated as pre-emptions under
the act of May 14, 1880

Assignments of entries, made while the
rule was in force, allowing the same, will be
protected

9

9

9

9

71

214

69

Where an assignment of entry is recog.
nized, the assignee will be entitled to all the
rights of the entry-man

215

17

But 640 acres may be acquired by one per-
son under the act

215

Must be canceled when obtained through
fraud

299

238

311

217

203

If void will not exclude the land from the
incipient appropriation of a legal applicant. 182
Of record reserves the land from the ap-
propriation of another......

An order suspending all action as to cer-
tain lands defeats an entry made thereon
pending such order.........

The right to make entry in cases of simul-
taneous applications should only be sold to
the highest bidder in the absence of settle.
ment and improvement...

Pending suit as to the legality of an entry
the land is reserved

Will not be allowed for lands long occu.
pied by Indians, with the consent of the
Government and under direction of the mili-
tary authorities......

Cash entry for certain land reduced in
price prior to re-offering held to be con-
firmed by the act of March 3, 1883.........

In the absence of an adverse right an en-
try, based upon filing made while the land
was included within a desert land entry,
was allowed to stand......

229

339

529