The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1885-05-31
LAND OFFICE DECISIONS.
Prepared for The Herald by
Archibald Young.

Digest OF decisions rendered by the
Commissioner of the General Lane
Office and Secretary of the Interior, re
lating to the public land, prepared and
reported semi-monthly for THE HERALI
by Archibald Young, attorneys-at
law and practitioner before the
Supreme Court of the United States,
the Legislative and Executive depart
ments, IN all matters concerning grants
Indian titles, mined and other public
lands. Offices-637 F Street. Washing
ton D. c.
Practice.-The word district" in acts
of March 8, 1877, June 9, 1880, relating
to final proofs, refers to judicial and not
land districts. Commissioner to w. j..
Mooney, April 1, 1851
HomeStead-A party who knew
when he made his entry that his con-
ditions were such as would not enable
him TO comply with the law, cannot
afterwards set up such inability to pre-
vent a forfeiture of his claim Lonsdale
VS.. Ryan. Assistant Commissioner,
May 5. 1857
Second-In case of death of entry
man and wife the patent should issue
to his heirs or deyisee. augustus VS..
Swisher, May 6, 1851
Third-Homestead law contemplates
residence from date of entry, and claim
ant cannot maintain such residence
while residing upon another tract under
the Presumption law. (Exparte Caward,
Secretary, April 30. 1857
Additional Homesteads.-A party will
not be allowed to make second addi-
tional Homestead entry. (Exparte
Mornton, Act. Secy., April 80. 1850
Pre-emptions.-No infiexible rule can
be formulated as to what constitutes
good faith in settlement and residence.
Condition of party and circumstances
IN each case considered. thornton VS..
Rlcord, (Acting Secy., April 30. 1850
Second.-Occasional visits to land
and scant Improvement not evidence
OF good faith. (Cleaves VS.. French, Act
ing Secy., April 80, 1885.
Third-Application of claimant for
the cancellation of his filing without
upon the ground of prior
settlement on the tract, rejected be-
cause 1t was only alleged that prior set
tier had performed few trivial acts of
settlement, which were not followed up
by residence. tExparte Birch, Commits
sioner, May 20, 1885.
Timber Culture.-Contest affidavit
against Timber Culture entry may be
made upon information and belief. 1t
should be accompanied by affidavit
showing partv's qualifications, but will
not be held defective on this account
unless objection made at hearing. (But-
Ter VS.. NOLAN, Acting Secy., April 40,
1885.
Second Work done by entryman's
vendor or agent equivalent to work
lone by himself. (Beeken VS.. Martin
Secry. April 18th, 1857
Re-eatry-Credit for fees and COM
mission paid on entry cancelled for il
egality allowed to party who re-enter
;ame tract. (Exparte Boyd. Ass.
Jomm'r. April 9th, 1851
Private Land Claims-The essential
oundation of a recognizable claim not
appearing, it should not be considered
Peralta Grant. Comm r to Sur. General, |
Arizona. May I'd, 1852
Railroads-Land withdrawn for and |
afterwards relinquished by a railroad |
omyany. not included in later grant |
nd withdrawal, which took effect prior
o such REIMBURSEMENT. (Hastings &
Dakota Railroad Company VS.. Maxwell.
secretary. April 21st, 1851
*Minerals-Surveys of mining claims
iced not be amended to conform to re
uirements of Mineral Circular of De-
ember 4th. 1884, if entry was allowed
rior to receipt of circular atlocal office.
Circular May 18th, 1885,