The silver state. [volume] (Winnemucca, Nev.) 1909-1925, 1912-01-27
DIGEST OF DfCfM-
B[R LAND RULINGS

The following important law. points
have recently been decided by the
secretary of the interior:
Homestead.
According to published departmental
instructions of August Z, 1911, { 40
l.. d., 1850, the contestant who estab-
ished .his residence and also flied bis
contest prior to September "a, 1910,
and maintained his residence, MAY re-
ceive credit for the time he resided
upon the land before the cancellation
of entry, which he contested.
The sickness of an entryman. may
be accepted as sufficient excuse for
occasional absences, not unduly pro.
longed.
Citizenship of the United States ID
made an absolute prerequisite t6 the
requirement of title to the lands under
the homestead law and satisfactory
evidence thereof must be shown.
Purchase. of land after final receipt
and prior to patent gives an equity
only. Such person is not bona fide
purchaser within the meaning Of the
pre-emption law and protected by the
provisions of that act against further
inquiry by the land department as to
acts of entryment. Citing Hawley
VS.. Diller (178 U. S., 476).
When purchase was made in good
faith, and the face of the record ap-
peared regular and valid in all re-
spects, the department will consider
the equitable rights of such purchaser.
When a leave of absence is granted
homesteader, charge of abandon
ment will not lie against the entry
until tn eexpiration of six months af-
ter the time for which leave of alb
sence was granted.
Desert Lands
Entry of lands within the territory
designated in the Kincade act, which
were, at date of entry, embraced, in
a reclamation withdrawal as irrigible
lands, which limited the right of entry
to 160 acres, the entryman does not
thereby exhaust his right under said
act, but upon the revocation of the
withdrawal would be entitled to en-
large his entry for contiguous lands to
the full area allowed by law. Affirm
ing unreported case of Earle F. Dun
ming, decided February 81, 1911.
The rule for determining the desert
character of lands is substantially as
follows: Lands that one year with
another for series of yHaFs xxi21pEm1n
without irrigation produce reasonably
remunerative crops are desert within
the meaning of the law.
A showing that crops, even rernu-
nerative ones, have grown on lands for
few seasons under unusual condi-
/ tions as to rainfall, does not conclu-
sively prove their non-desert character.
of Dar
(37 L. D., 522).
In view of the act of June 23, 1910,
an entry within a reclamation project
may be assigned in whole or in part,
"subject to the limitations, charges,
terms and conditions of the reclama-
tion act.' Public land can be dis
posed of only according to the plat of
survey, in parcels not smaller than the
smallest legal subdivision - and
section 22s9, R. s., requires home
stead entries to be made Gin conform
ity to the legal subdivision of the pub
lie lands. -
Tnasmuch as the reclamation act
limits the right of entry to one farm
unit, an assignee must present a show
ing that he has not acquired title to
and is not claiming any other farm
unit or entry under the reclamation
act Citing ease of Sarah s. Long
$50 L. D., 297).
Although irrigation is not required
subsequent to final proof, what has
taken place and the acts of the parties
with respect to irrigation, subsequent
to such final proof, may be considered
as some evidence of the sufficiency of
the improvements and good faith in
the matter.
Final Proof.
When Communication proof is rejected
by the commissioner upon only one
ground-such as lack of cultivation
the ease will not necessarily be closed,
but the entry may be held intact, SUBJ
ject to future compliance of law, upon
proper showing
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