Weekly journal-miner. [volume] (Prescott, Ariz.) 1908-1929, 1913-06-25

tract of public land. regular on its
face, and in due form, the land is
segregated against any other appro-
priation. No right can be obtained
by filing application for it.
An Indian allotment segregates
the land against entry or other dis
posai.
A homestead entryman takes upon
himself the burden of all conditions
climatic and otherwise, effecting
actual cultivation He NAV relin-
quish such entry if unable to COM
ply with the requirements of the
homestead law. because of such con-
ditions But so long as he retains
the entry he must comply with
what the law requires in the matter
of residence, Improvements, and cul
tivation, and do the acts and things
required
Mere GOOD intentions. with only
slight compliance with legal require
ments, are not sufficient upon which
the Department may adiudge title
to a patent. In Communication cases,
particularly the entryman must
show that such considerable portion
of the cultivable lands of the entry
have been actually farmed and in
such manner, as a farmer would
reasonably be expected to farm in
maintaining an agricultural home
upon the land for the length of
time involved.
Temporary absences to aid neigh
bors in press of busy season, en-
gagged in useful and needed work for
conservation of agricultural crops
do not break the continuity of resi-
dence.
There is no authority of law for
granting final certificate to a home
stead entryman who is not shown TO
be d citizen of the United States.
The husband is BY law primarily
the head of the family, and the fact
that the wife may contribute even
the greater part of her support does
not of itself destroy his or create
her status as head of the family
Distinguishing Philippine Adams 60
L. D. 625)
There is no law authorizing the
submission of final proof by the
heirs of the deceased entryman d.
ing the lifetime of his widow
Neither the widow nor heir viii
be allowed to complete an entry and
receive a patent for the land where
the widow makes default in COM
plying with the law within the
time limit allowed by the statute.
The widow is barred by her de
fault and the heir Is barred be- |
cause the prior rigd- 10 complete |
the entry was i'll the widow.
Practice.
A consent affidavit has no efficacy |
whatever until it is filed in the local
office 1t may antedate a relInquish |
ment and its execution may be
known to the entryman, who by rea
son thereof relinquishes an entry;
but if not filed i'll the local Office
prior to the filing of REIMBURSEMENT
of the land in the local office it will
not be effective.
An application to amend an en-
try will be denied when it appear
that the sclector is not seeking an
amendment for the purpose OF effec
tuating his original intent, but seeks
to make new selection for land that
appears better suited than that orig
inally selected.
Extra allowance for expert testi
mony cannot be allowed in a u. 5.
District Court but the costs must
be taxed according to the statute.
Any extra allowance to experts" is
a matter of personal or private con-
tract between the parties.
Care should be exerciser by the
General Land Office in ordering
hearings upon special agents re-
ports or upon the protest of indi-
viduals to fully and accurately state
the material causes of action set out
in the reports or protests and the
charges made should always be con-
sidered in connection with the law
under which an entry is made.
Desert Lands.
The right to make desert entry IS
exhausted either by making an entry
or by taking an assignment of an
entry, in whole or in part. whether
the maximum quantity of land or
less is entered or received by as
signment.
One who takes an entry by as
Segment exhaustS his desert land
rights as effectually as though he
had made an original entry. and
this is true even if he only takes a
portion of such entry. SO far as tax
ing other lands not included in the
original entry; but assignment of
part of entry to a person. does not
disqualify him from receiving as