The L'Anse sentinel. (L'Anse, L.S., Mich.) 18??-current, 1891-01-10

Recent Important Decision by
the Secretary or the
Interior.
An application to purchase under the
ect of March 3. 1857, can not be alle wed
for lands embraced within an outstand-
ing patent to railroad company.
: Ii such case staten and appli-
cation, duly corroborated, as required
by departmental re, ulations, may be
presented for consideration with ew
to the institution OF iu licil proc, ed
ings to set aside the patent.
The definite location of the North.
ern Pacific road did not take effect up
on lands within the previous indemnity
withdrawal made uuder the act Of May
5, 1864.
Where the primary limits OF one COM
pany conflict with the indemnity limits
of another, and both derive their
grants from the same act, the former
is entitled to the lands in question,
without regard to priority Of location
or constructions.
The second proviso in section 5, act
Of March .. 1857, applies only to the
case of lands, which at tho date of the
passage Of the act had been settled up
on after December !, 1882, by parties
claiming in good faith right to enter
the same under the settlement laws, ig-
norance of the rights or equities Of
others in the premises.
In the final adjustment of grant the
department must: be controlled by
statutory authority, and can not depart
therefrom to protect parties claiming
rights under an alleged purchase from
the company.
Previous instructions for the restora-
tions of indemnity lands modified, and
directions given for the disposition of
applications to purchase under the act
of March 3. 1887.
The lands reserved by executive or
der for indemnity purposes under the
grant Of june 8, 1856, are excluded by
express terms from the grant made by
section 3, of the act of May 5, 1867 /;
and the lands SO withdrawn and reserved
but not required as indemnity, do not
become subject to the latter grant on
he final adjustment of the former.
Application for suspension of action
undac he depsr mental decision OF jan
nary "a, 1890 pending judicial pro-
ceediags denied.
An appeal from the rejection of an
applicationto enter will not be enter
tanned, in the absence Of notice to an
adverse claimant of record.
Where party dies prior to hearing
his attorney is without authority to en-
ter appearance, or thereafter prosecute
ON appeal in the name Of the decedent.
The rules Of practice do not author
ize the service OF notice of contest on o
resident defendant by registered letter.
Where the entryman dies prior to
the service Of notice. his heirs and sue
cessors in interest shouli be made
parties to the action, and duly served
with notice thereof.
If the showing made by the transferee
would not entitlc the entryman to be
heard on review. the application there
for, on behalf of tue transferee, must
be denied.
Motions for review must bc accom-
panied by an affidavit Of the party, or
his attorney. that the motion is made in
good faith, and not for the purpose Of
delay.
An application for rehearing on the
ground of newly discovered evidence
should be supported by the affidavit of
the persons by whom the applicant ex-
poets to prove the alleged additional
facts.
A rel,earing will not he granted on
the ground ofnewly discovered evidence
where due diligence is not shown in
making known the alleged discovery
and taking action thereon.
The failure Of the applicants attorney
to properly conduct the case does not
furnish the ground for q rshearing.
Where the local ofice. the general
land Office and the department, concur