| Show IN i THE LAP OFFICE Some of the Important Rulings Recently Made ri STATUS OF COAL LANDS Priority of Possession What is Meant by Actual Residence Desorc Entries and Proof Preference JUjhts Compiled by O F Davis Land Attorney Salt Lake City Utah 1In timber culture entries made prior to June 271887 the time occupied in preparing pre-paring the soil and planting the trees Is computed as a part of the statutory period eight years of cultivation In entries fed since that date the period of cultivation cultiva-tion begins to run from the time the whole number of trees are planted Timber culture cul-ture entries made prior to September 15 887 may be proved up without publica tion of notice Secretarys decision of April 201800 Failure to secure a growth of trees does not call for a cancellation of a timber tmber culture entry if such failure is not due to the negligence of the entryman Secre tarys decision of May 22 1890 3A timber culture entry may embrace a technical quarter section without reference to the area of the entire section Secre I tarys decision of October 10 1890 I 4The status of coal land and date of I proof and payment determines the price per > acre irrespective of its status when the right of entry was initiated Secretarys decision of April 11 1890 5That the improvements of a preemptor pre-emptor are limited in extent does not warrant war-rant the rejection of his proof if good faith is otherwise shownSecretarys decision April 16 1890 6Mere visits to the land to keep up a show of residence do not constitute compliance com-pliance with law Secretarys decision April 17 1890 7A married woman the head of a fam ily is qualified to make a homestead entry Secretarys decision April 30 1890 80n the death of a homesteader leaving adult and minor heirs the title inures to the minors to the exclusion of the adult tieirs Secretarys decision May 9 1890 9 Actual residence on the land claimed is not necessary to enable an applicant to execute his entry papers before a clerk of courtSection 2294 U S R S as amended by the act of May 26 1800 10A homesteader who submits satisfactory satisfac-tory proof with tender of payment is thereafter under no obligation to remain on the land or show further compliance with lawSecretarys decision of May 141890 lOne who enters upon land and remains re-mains thereon as the representative of another an-other is not settler within the a setter preemption preemp-tion law Secretarys decision of July 18 1890 12To constitue residence there must be concurrent with the act of settlement settement an intent to make the land a homeSecre tarys decision of November IS 1890 13The intervention of an adverse claim will defeat a desert claim where proof of reclamation is not made within the statutory statu-tory period Secretays decision cf July 18 lS90 14 Final proof in desert entries should bo made within three years from date of entry even though the land is unsurveyed where such proof is satisfactory the only requirement after a survey of the land will be to adjust the claim to the lines ol surveySecretarys decision of Octobei in man R 15 = Desert entries filed prior to August 1 1887 may be proved up without the publication of noticeSecretarys decision of December 3 188 16A notice of contest must be served in accordance with the departmental rules of practice and not under the civil procedure of the stateSecretarys decision of April 17 1890 I 17 An applicant for a preference right to purchase coal lands must be in actual possession of the land and the labor expended I ex-pended and improvements made such as to i indicate good faith Secretarys decision of July 12 1890 18 Priority of possession and improvement improve-ment of coal laud followed by proper filing and development of the mine entitles I I claimant to a preference rightof purchase Secretarys decision of November 26 1890 19 The purchaser of land prior to issuance issu-ance of patent therefor takes an equity only and has no greater or different rightS than the entry manSecretarys decision of August 2 iS90 20Whenever settlers on public land arc unable to make the payments required on their homestead or preemption claims within the time required by law by reason of a failure of crops for which they are not estlOnsihlp thp pnmTntctiinnnra Af thr rmr eral land office may extend the time of such payment for not exceeding one year Act of September 30 1890 21During the year ending June 801890 there were issued by the general land office 117247 agricultural patents as againsn 79141 during the previous year June 30 1S90 there were pending in the general land office 20SOSI unexamined final entries en-tries and 11531 report undecided for 1890 contests Commissioners |
