Elko independent. [volume] (Elko, Nev.) 1915-current, 1915-09-22
DIGEST OF IMPORTANT
LAND RULINGS

prepared by White-& Andrews,
land and mining lawyers. Washington
Loan and Trust Building. Washington,
d. c.
Desert Land Entry-Insane Entry
man.-The act Of June 8. 1880, provid-
ing for the completion of claims of set
tiers and entrymen who become in.
sane, has no application 10 desert lane
entries.
The REIMBURSEMENT of a desert land
entry executed by the guardian OF an
insane entryman under direction of a
court of competent jurisdiction may be
accepted and the entry t%hereupon can
celed.
|. Enlarged Observation-Disclosures on
Unsurveyed Land.-A settler upon u
surveyed land subsequently designated
under the enlarged homestead act, is
upon the filing of the township plat of
survey, entitled to make entry OF the
land embraced In his settlement claim
to the full area of $40 acres permitted
by the enlarged homestead act.
Final Proof.-Curing Defects
Where final proof was rejected be-
' cause insufficient, but the defect was
afterwards cured and the entryman
acted in good faith, supplemental afri-
davits may be accepted without new
notice of publication.
Lode Mining Claim-Discovery-A
valid lode location does not require
actual discovery of ore in paying guam
titles; 1t Is sufficient if a vein be found
bearing such mineral as would justify
an ordinary prudent person in further
expanding money and labor with a rea.
sonable prospect of developing a pay
ing mine.
Survey-Defective Plat.-Where a
defective plat of survey is withdrawn
for correction, the lands are not sub.
ject to disposal under the public land
laws until the corrections are made
and the approved plat relied.
Homestead Entry-Citizenship.-
One who was a minor when his father
declared his intention TO become a citi-
zen is qualified as to citizenship to
h1ohS q uOUlSSlSdu entry
Mining Claim-Expenditure.-A wa.
gon road or trail constructed to aid in
that will be accepted as part of the re
quisite statutory expenditure.
Desert Entry-Delay in Reclamation
-EAtension Of Tiine.-FaiIurc, after
diligent effort. TO secure water by
means of an %artesian well entities a
desert entryman to an extension OF
time for submitting final proof.
Reclamation Homestead Entry-Wa-
ter Service Compulsory.-An entry.
man of lands within a reclamation pro.
ject has no option as to whether he
Will receive water service from the
project but is required to take the
same and to pay the charges fixed
therefor.
Coal Observation-Disclosures Be-
cause Of Prior Entry.-The fact tina
a person once initiated n coal claim
upon public land and failed to per-
feet 1t does not necessarily disqualify
him under the coal land law; but if it
appears that good reason existed for
his abandonment of such claim, he |
may initiate another claim.
Homestead Application-Death of
Applicant Prior to Allowance.-Where
an applicant to make a homestead en- |
try dies prior to its allowance, his wild
ow or heirs may make the entry and
acquire title by cultivation for the re-
quired period without actual residence |
on the land.
Three-Year Observation-Disclosures
OF Residence.-The term of residence
required by the three.year homestead
law does not begin until an entryman
actually establishes his residence OH
the land.
Homestead EntryDevisee.-Where
a homestead entryman devised his
homestead rights to some other thar
his heir, the rights of such devisee are
superior to those of the heir.
Coal Land-Government Proceeding
Where no contest, protest, or pro.
ceeding by the government Is com.
menced against a homestead entry
within two years from the issuance
Of final receipt, the land department
Ia thereafter without jurisdiction to
inquire into the known coal character
OF the land at the date of the final
receipt. !
Placer Mining Claims-Beds of Non.