Show MAY DIGEST where a filing has been rejected without notice because of failure to comply with tile the regulations 0 governing 1 I declaratory statements the land department has authority to relli tItto any such application that may have lapsed by failure of tile the applicant through ignorance or the application ami all through agnor want of notice on oil liis his part provided the land is still subject to verse claim and 0 it il it renzon appears why lit sli sit lid t 1 i tot ot be granted A preference right granted to successful contestant is it a privilege over others to make some lawful entry but is not it a property or tit in tteresa land that lie he can call assign or transfer citing verinda vinson 39 9 L D vs fuller 32 L 11 4 taylor vs graves 36 L 1 D SO 80 under the provisions of section 2291 2202 2292 providing for the order of succession in case of tile entry man the lind land department wil I 1 not attempt to determine questions of but will leave such questions tic to tile local courts any party may make proof which insures to the benefit of all according to their legat legal I 1 rights and the cortini certificate cate will issac issue to the heirs or lawful i sors to the lie right of tile the thus discharging the full duty ditty of the land department citing turner vs wilcox heirs 38 L D A 4 section 2291 11 S provides for far succession in case of death of the cn tryman and the gereon or persons entitled to complete the entry in tile order of succession named in the statute takes such right and acquires title direct from fr m tile government and not by virtue of inheritance or bequest from the oil en tryman but where there is no widow and there are arc no heirs qualified to take the devisee to whom tile had bequeathed all his right and interest in ill the land in d I 1 whilo while not deriving i title under tinder tile the will is matte made by such bequest tile representative of the entry cn tryman inan land and may complete the entry under tinder the express terms of the statute as the next beneficiary in tile the order of succession succession sic cession i named therein herein citing ll eckner 6 5 L L an ali tryman cn crit tit engaged angat ged in tile business of carrying the U S mali as it a subcontractor sub contractor loci does not entitle him to have absence credited as residence although working for the government lie he is charged cli arged with the same statutory requirements os as if lie he were working for it a private individual bitin citing ported arted case of burton vs nix decided june julie 8 1909 rule 83 of the now new rules of practice subject rehearing construed act of june 6 1900 31 stat gives the right 11 to it a married woman to make maho entry who lias has prior to marriage settled upon an all unimproved tract but the mm min she married must not at tile the time be clairn claiming iii g it a separate sep crato crate tract under tinder the homestead law the marriage n does docs not noi per so interfere with the r right ight of the wife or to make final proof an ali tryman cn under tinder the timber and stone act must show by affidavit rid vit that ho he has made a prior personal inspection of theland the land as provided in the ru ca 03 and eions issued under tinder that let act citing uary mary S ness nes 37 L 1 and U S vs wood 70 fed it rep OP 1 48 85 while the act itself does docs not specifically require such a regul regulation a the same ramo is not inconsistent therewith and is a reasonable requirement qui quiren rement lent in order to carry out the I 1 1 purposes of the act r tile the department will take notice that title to property of the catholic church rests in ia the bishop or archbishop ua its a corporation sole under th epolit y |