The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1891-01-18
In THE LAND OFFICE.
A Number of Very Important
Decisions Presented.
HOMESTEAD AND OTHER ENTRIES.
Failure Of Crops-Pre- emption Filings
Reservoir Sites-SecOnd Filings-Time AL
IOwed-Coal Sands Settlement Claims.

| Compiled by o. F. Davis, Land Attorney, q. s.
Land Office Building, Salt Lake Cityl
lin cases where homestead was can
celled prior to March 2, 1889, the claimant
is entitled to second entry.
"A presumption fling may, be changed
to homestead entry, although prior to
March 2, 1889, the claimant may have per-
fected a homestead entry
3-Where, prior to March 2, 1899, home
stead entry was filed for less than one
hundred and sixty acres and the entryman
is living upon the land. a second entry of
contiguous land-sufflcient to make 100
acres in the aggregate may be allowed, and
without residence ON the land covered by
the second entry. In case proof has been
made on the first entry ard residence there
under abandoned, like entry is allowed
without the requirement of contiguity, but
residence under the second entry is re-
quired.
4-When from failure of crops, sickness
or other unavoidable casualty, settlers are
unable to support themselves upon their
claims, leave of absence, for not exceeding
one year, may be granted by the register
and receiver
For above provisions see act of March 2,
1889.
Glands reserved for reservoir sites,
except those tracts actually selected for
| that purpose, have been restored to settle
ment, and applicants for government land
are restricted to an aggregate of 800 acres
under all the laws for. the disposal of such
lands. See act Of August 80 1890.
6-The right to make second filing
should be accorded where failure to perfect
title under the first was due to the i'll health
of the pre-emptor. decision of
January 10, 1890.
Final proof should be explicit in all
details necessary to establish the fact of
residence in good faith.-Seeretdru's decision
of january ID, 1890.
S-A successful contestant is entitled to
thirty days from receipt of notice of can
collation. within which to exercise his
preference right of enthusiastically de-
cision Of January "a, 1890.
9-An entry embracing lands in different
sections must approximate 100 acres as near
as racticable.-Secretdry's decision of Jd1ltt-
arg "a, 1880.
10-A pre- emptor is entitled to enter a
quarter section, plated as such, regardless
of the actual area thereof.-Secretary'
decision of February 5, 1890.
11-After an entryman has complied with
the law, submitted final proof, and paid
his fees, his right to a patent is not de-
u,
fore final certificate has issued.-Secrs-
tdry's decision of February 10, 1890.
H-Failure to file coal declaratory
statement within sixty days from date of
actual possession, or to pay for the land
within one year from expiration of said
sixty days, renders the land subject to the
entry of another who has complied with
the law. A coal entry cannot be made for
the benefit of enthusiastically decision
of April 10, 1899.
1O-The transmutation of a pre- emp
ton filing to homestead entry, exhausts
the pre-emptive right.-Secretarys decision
Of February II, 1890.
IA "A homestead entry is not defeated
by occupancy Of the land for purposes of
trade and business, if such occupancy was
subsequent to date of its entry-Secre-
tdrys decision of February 20, 1890
ia settler prior to survey, should give
notice of the particular tract he intends to
claim by such marking or improvement as
will clearly indicate the boundaries of the
land.--SecretGrys decision of February 81,
1890
16-Residence in good faith requires that
the claimant shall make his home on the
land to the exclusion of one elsewhere.
One who removes from land of his own to
reside upon public land in the same state
or territory cannot acquire thereby the
right of pre- emption. decision of
March 10, 1890.
1.-THE existence of settlement claim
at date of survey excludes the land covered
thereby from the reservation for school
purposes, but if such claim is subsequently,
abandoned the land becomes subject to the
reservation, and purchaser, after survey,
from the original settler acquires no right
that will defeat said reservation-Secre-
tdry'S decision of March ~, 1890.