Weekly journal-miner. [volume] (Prescott, Ariz.) 1908-1929, 1911-06-28

Tbe following important law points
have recently been decided by the
secretary of the Interior.
HoMEsTEADs.
Where a filing has been rejected
without notice because Of failure 20
comply with the regulations govern.
ing declaratory statements, the Land
Department ha. authority to reinstate
any such application that may have
ispsed by failure of the applicant
through ignorance or want Of notice
On his part, provided the land is
still subject to the application and
there IL no adverse claim and no
valid reason appears why il should
not be granted.
Preference Right.
\ preference right granted to a
sucecssfui contestant is a privilege
over others 10 make some lawful en-.
try but il not a property or interest
in the land that he can assign or
transfer, citing verinda vinson GO
l.. D., 449); Schelling vs.. Fuller csc
L.. ID. 1860; Taylor VS.. Graves (3G
L. h., 500.
Question Of Heirship.
Under the provisions Of Sections
22ol 2292 providing for the order of
succession in ease Of the entryman'
death, the Land Department will not
sttempt TO determine questions Of
heirship but will leave such ques.
tions 10 the local courts Any party
claiming interest may make proof,
wri!ch inures TO the benefit of all
according to their legal rights, and
the certificate will issue to the heirs
or inwful successors to the right Of
the cntryman, thus discharging the
fun duty Of the Land Department. |
Citing Turner vs.. Wilcox Heirs (3s
J. ID, 52Ii).
Succession After Death.
section 22oi X. s. provides for sue.
cession in case of death Of the entry.
man md The person or persons en-.
Titled to complete the entry, in tho
order Of succession named in the
statute, takes such right and ACQUIRES
'itis direct from the government and
not by virtue Of inheritance or be
quest from the en'rymau. But where
therc Is no widow and there are no
heirs qualified to take, the deyisce
10 whom the entryman had bequeath.
n all his right and interest in the
and, while not deriving title under
he will, is made by such beauest
me representative Of the entryman
Md may complete the entry under
he express terus of the statute ms /
he next BENEFICIARY in the order of
uccession named therein. Citing
'obias Beekner co l.. D., i34.).
Employe Of Government.
An entryman engaged In the busi. I
ess OF carrying the u. y. mail as Il
sub-contractor, does not entitle him II
have absences credited as resi.
eDec Although working for the !,
oVernment he is charged with the h
s'"e statutory requirements as il q
Q were working for a private in. "
'Sidnai Citing unreported case Of I"
'srton VS.. Nix decided June 8, 1902.
huie 80 Of the new rules OF prae.
leo, subject rehearing, construed. g,
Rights Of Married Woman. d
Act Of June o, 1000 (3I Stat, 6s3), b
ives the right TO n married woman il
make entry. who has prior TO mar a
age settled upon an unimproved d
net. but the man she married must a.
OF at the time be claiming a sep m
rate tract under the homestead Law
he marriage does not, per Sc, inter. ia
NC with the right Of the wife TO Il
ake final proof. In
Timber and Stone Act
An entrymsn under the Timber and "
tone Act, must show by affidavit @
'at he has maA prior personal a,
'spection of the lind, as provided in tc
ne rules and regulations issued uu 4.
~ that act. Citing Mary s. Ness
i. ...I