, 1911-11-16
Digest Of Important Land Decisions
The Following Important Land Law Points for October Of Interest
to Public have recently been decided by the
Secretary of the Interior
Homesteads

Under Section 3 of the enlarged homestead act, as construed
by instructions of June %, 1911 40 L. D. 143) one who makes
homestead entity for less than 1916 acres may enter other contiguous
lands, subject to the provisions of that act, which shall not toeetber
with the original entry, exceed 800 acres.
The initial entry of public land under the homestead laws is
merely a declaration of intention to acquire title to the land bv nov
forming the conditions required under the laws. Bv sucb entrv q
settler is protected against intrusion by other settlers but as against
the Government his right is only conditional and inchoate.
To acquire any right against the Government by such filing or n
try it is incumbent upon a claimant to establish by sufficient proof, to
the satisfaction of the Land Department, according to the nrescrihed
rules that ne has fulfilled the conditions required by the homestead
laws and is entitled to a patent to the land. Until such proof has
been submitted and final certificate issued 10 right vests in claimant.
A REIMBURSEMENT made by entryman intending to desert his
wife and in fraud of her rights in the premises after her residence OF
the land for nearly five years, cannot be held to deprive such deserted
wife of her rights.
The second act of June 25, 1910 (Char. 1927, condones the prior
failure of entryman to maintain residence upon the land when the
water has not been available for irrigation of the land, and suspends
the running OF the seven-year Limitation of the life of the entry by
allowing the period of residence to commence from the time water is
made available.
The preference right of entry accorded a successful contestant
under act of May IA, 1880, does not attach until the cancellation of
the entry. Until then. 10 right has vested and n 10 interest bos
been acquired that could defeat the operation of the act of June 25
1910.
When a person claims a desert land entry as transferee and fails
|" file in the local land office any notice of such transfer, he is not en-
titled to notice of F. preceding against the entry, as provided in rule
y of the rules of practice in force herein.
Where a desert entry is embraced in a township which has been
suspended from all form of entry for the purpose of resurvey thereof,
the time for making the proof should be extended so as to include the
interval between the date of suspension and filing in the local Land
Office of the new plat of survey.
No company will be hereafter recognized as a beneficiary under
the act of March 3, 1891, granting rights of way owe the public lands
and reservations to canal and ditch companies organized for the pur-
pose of irrigation, in the absence of IN application formerly present.
ed for a specific right of way; and in cases where a company claims
to own existing rights of way, the department must be furnished with
full showing of the uses made of such nights of way; and the in
tended uses to be made of the rights of way sought in connections
with those alleged to have been previously acquired, to the end that
the department may determine whether the purposes of the company
are properly within the intendment of the act of March 3, 1891 as
amended by the act of May ii, 1898.
Timber and Stone.
Lands subject to entry as Timber and Stone lands, under the act
of June 3, 1875, may be entered under the homestead laws. if thew
can be adapted to practical agricultural uses and the requirements of
the homestead laws can be complied with in ali other respects.
The Commissioner of the General Land Office has ample author
lily under Sections % -35 of the Timber and Stone regulations of
November 30, 1908, to revise the proceedings relating to the entry,
and where mistake appears, to order a reappraisement. This may
be done even after proof is made and final certificate issued.