The silver state. [volume] (Winnemucca, Nev.) 1909-1925, 1911-09-07
OF RECENT
LAND DECISIONS
Hornesteads.

HC hVhhCotCdQ law 0OCS nOt III GA
press terms require establishment Of
res sidence within six months from date
of the entry, as said in Nilsson VS.. st.
Paul, M. & M. r. R. Co. C. L. D.567-
569). The law gives period Of seven
years within which to prove five years
actual residence and cultivation
Tine lend department, like all other
tribunals, recognizes rights arising
from inevitable casualty Serious i!l.
less of a member Of g family 3
inevitable casualty, for the anxiety
arising from affliction and the duty
arising from human obligation con-
strain the mind so that it is not free
to carry out it's purpose.
When real estate, comprising more
than 160 acres had been conveyed to
a person by another for the purpose
Of defrauding creditors, such grantee
took he legal title and did not hold
as trustee. When such grantee there
after mace homestead application, he
was DISQUALIFIED, upon the ground that
Lie was the owner of more than 100
acres of land.
Where entryman has settled upon
land and made substantial compliance
with the homestead law as to cultiva-
tion, residence and improvement for
the five years Immediately succeeding
that date, his subsequent residence
elsewhere, after the expiration Of the
five year period and the submission Of
his final proof, can in no wise affect
his right to patent for the land.
Desert Lands
Tn deciding questions involving
character of land and water supply,
arising under the Carey act, of Aug.
1S, 1894, the department will neces-
sarily rely upon the technical infor-
nation furnished by it's experts.
When a person takes a desert land
entry by way of assignment, he is
thereafter disqualified from making an
original desert land entry.
A United States deputy surveyor is
also disqualified under section 452 Of
the revised statutes.
Tn cases where lands are open both
to settlement and entry, a homestead
claim may be initiated either by set
tlement or by entry.
A person making an additional
homestead entry contiguous to his
original entry under section 2, Of the
act of April 2s, 1904 (33 Stat. 527)
may reside upon either tract.
The object of the requirement Of
annual proof in connection with a
desert land entry is to test the good
faith of the claimant.
Entrvman must have a good water
right for sufficient water to irrigate
the entire irrigable area in the entry.
In allowing credits for annual proof
it is not necessary that the water
- f~x~
entryman or that the water should at
that time be available for use by the
claimant.
An entryman under the homestead
laws, who had acquired title, is not
qualified to make an entry under the
reclamation act. Instructions of June
IS. 1909 (3s L. D. 58) affirmed.
The act of March 2, 1889 (25 Stat.
S54), has no application to entries
under the reclamation act, and the
additional right granted in said act of
March 2, 1889, cannot be exercised by
entry within reclamation project.
Every entry of land within the
limits of withdrawal under the re-
clamation act is subject to redemption
to farm unit as thereafter establish
ed by the secretary of the interior, and
improvements placed upon the diff
ferent subdivisions by the entryman
prior to such reduction are at his risk.
Affirming case of Jerome NJ Higman
(37 L. d. 71S).
Mining.
The act of June %, 1910, provides
for the allowance of agricultural en-
tries of land which have been with
drawn or classified as coal lands, re-
serving to the United States the coal
therein, and permitting the entryman
to receive a limited patent.
Where entries have been allowed
without notice of such classification
or withdrawal and Of the conditions
imposed by the act, the entryman
may, II he so desires, be permitted to
relinquish his entry without prejudice
to his homestead right. IF he does
not signify his election to complete the
entry under the terms and conditions
imposed by the act, his entry will be
cancelled.
The act, however, does not deny
him the right to a hearing with view
to disprove such classification under
the regulations in such cases made
and provided.
IF, as a matter of fact. land is nom
mineral in character, an invalid placer
claim would bbe no ar to its appro-
priation under the homestead law, and
in such case, the only question at is
sue would be the mineral or non-min-
eral character of the land.
A perfected mining location within
the area of an executive withdrawal
under the act of June 25, 1910 ((36
Stat. S47) and prior to such with
drawal is deemed to be an estate OF
such character as to remain unaffected
bv such order of withdrawal
Mining applications verified by an
attorney Of the company are not void,
but voidable and capable of amend
ment.
When proof of posting upon the
land and the application for patent
were verified before a notary public.
who was one of the attorneys for the
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