NEW MEXICO, notices of pre-emption claims in, when to be filed,
NOVATO RANCHO CASE, in California, (No. 655,).

0.

OATH,

.

Of pre-emption claimant presumed to be true, (No. 504,)
Form of deputy surveyor's, chainman, &c.,
OFFICE, LAND, not to be closed to bring up arrears, (No. 380,)
OREGON,

Notices of pre-emption claims in, when to be filed,
Donees may pre-empt other land,

Portland city claim decided, (No. 495,)

OVERFLOWED LANDS.

:

(See SWAMP SELECTIONS.)

P.

PAGE

359

645

451

719

. 331

358

464*

437

Not to be issued for swamp land in Louisiana, (No. 506,)

PASTORIA DE LAS BORREGAS AND POSOLMI, as to boundaries of, in Cali-

Will not issue against prior pre-emption claim, (No. 664,)

Rule as to delivery of,

649

659

659

659

659*, 661*

659*

665

. 666*

456

Not to be issued for internal improvement selections, (No. 548,)
For swamp land, relate back to date of grant, (No. 578,).

507

549

When to be issued for swamp land claimed by railroad company, (No. 593,) 562
Will not issue to a soldier who sold his discharge prior to date of warrant,

POSTAGE, how paid by Register and Receiver, (No. 363,)

Minnesota and New Mexico,

New claim may be made, when, (No. 428,).

Claims, sale of, will disqualify pre-emptor, (No. 435,)

when purchase from prior settler, a valid settlement, (No. 466,)

358

359

359

386

390

390

411

337

339

352

360

364

368, 370

Circulars as to, (Nos. 410, 411,)

Land along railroads subject to, under Act of March 27, 1854, (No. 413,). 376
Opinion of Attorney-General as to the requirements of law, (No. 419,) 380
As to settlement and private sale on same day, (No. 421,) .
Execution of deed of trust does not remove the disqualification of a claim-
ant, (No. 422,)

In Maison Rouge grant, no declaratory statement required, (No. 429,)

386

PRE-EMPTION, continued.

PAGE

339

391

391

Claimant deterred by threats, &c., not deprived of, (No. 434.)
on unoffered lands, must make proof, when, (No. 437,)
may amend his declaratory statement, how, (No. 438,)
Lands claimed adversely in Kansas, when division may be made, (No. 440,) 393

erroneously patented to private purchaser, (No. 442,).

Right attaches from date of settlement, (No. 443,).

394

395

First settler entitled in preference to first resident, (No. 444,)

Proof as to claimant's bona fides, admissible, (Nos. 445, 446,)
Claimant's presence at settlement necessary, (No. 448,)

336

396, 39T

398

Improvements to be made in reasonable time, (No. 470,)

Testimony as to speculative purpose, to be admitted, (No. 450,)
Claimant in Minnesota, when to file notice, (No. 451,)

need not erect dwelling house, (No. 458,)

Lands previously sold may be acquired by, (Nos. 459, 460, 461,) 405, 406,
Right will not attach until former entry is cancelled, (No. 461,)
Settlement prior to private entry, (No. 464,)

Any resident on land subject to, may file for, (No. 474,)

417

Fear will not excuse non-filing, (No. 500,) .

Conflict with railroad claim considered, (No. 571,)

between six and fifteen mile limits, (No. 569,)

Adverse entry must yield to valid, (No. 476,)

As to right of pre-emption on alternate sections of railroads, (Nos. 502,
503,)

As to claimant in California before survey, (No. 507,)

Settlers along the line of Illinois Central Railroad, entitled to pre-emp-
tion, (No. 565,)

532

457

Circular as to, in California, (No. 701,)

695

Location of State warrants, void as against, (No. 504,)

451

Previous contract to sell claim, vitiates, (No. 532,)

490

Claimant will not be confined to regular quarter sections to avoid conflic-
tion, (No. 455,)

disqualified by sale of tract previously claimed, (No. 456,)
failure to settle and improve, forfeits right, (No. 463,)

403

403

409

inhabiting before survey does not create a forfeiture, (No. 485,)
further proof may be made, when, (No. 486,).

disqualified by ownership of three hundred and twenty acres, (No. 465,)
as to settlement on different tract from the one claimed, (No. 473,) 416
must reside on the land claimed, (Nos. 480, 481, 484, 487,)` 421, 422, 424, 426
when driven from claim, &c., (No. 483,)

need not reside on land to entitle his heirs to right, (No. 488,)

Entry made before settlement confirmed, (No. 531,)

Of mail contractors, (No. 508,)

construction of acts, (No. 509,)

must be on lateral route, (Nos. 510, 512,)

will not attach before extinguishment of Indian title, (No. 511,)
certain entries confirmed, (No. 527,)

Settlements on Shawnee lands, when, (No. 644,)

Claimant for repayment, must make affidavit of non-incumbrance, (No. 678,) 676
As to different dates of settlement claimed, (No. 686,)

Conflict with swamp selection, (No. 601,)

Warrant location on, not assignable, (Nos. 616, 628, 634,)
Unoffered land claimed by, may be located with warrants, (No. 629,)
More than one warrant may be located on claims by, (No. 632,)
Indians cannot acquire rights of, (No. 642,)

617

619

625*, 630

As to, in Lake Pepin reserve, (Nos. 647, 650,)

634, 637

Patent will not be issued to private purchasers against claim by, (No. 664,) 665
Entry of part of claim, when confirmed, (No. 533,)

As to power of, to reverse decision of Secretary, (No. 549,)
Appeals do not lie to, (No. 688,)

507

680

PRIVATE LAND CLAIMS in California and Louisana. TITLE XII., (No. 652,)
PROOF,

640

And payment for pre-emption claims on unoffered lands, when to be made,
(No. 437,).

391

PROOF, continued.

As to bona fides of pre-emption claimants, (Nos. 445, 446, 450,)
As to discrepancy between declaratory statement and, (No. 452,) .
PURCHASE MONEY. (See REPAYMENT.)

PAGE

396, 397, 399
401

411

667, 670

688

Lands along line of, may be pre-empted under Act, 27th March, 1854,
(No. 413,).

650

509

376

Chicago and Mobile, grant for, construed, (No. 552, 553,)

No withdrawal for, till after grant, (No. 554,)

514, 516
520

In Missouri, erroneously claimed as swamp, confirmed, (No. 555,).

520

In Illinois, when conflicting with swamp selections, construed, (No. 556,) 521
Grant for Little Rock and Fulton railroad, construed, (No. 557,) .
Grants for, how located, (No. 557,).

524

524

Grants to Florida and Alabama, in their respective limits, (No. 558,)

526

Terminating lines of, (No. 559,)

527

Conflicting with pre-emption claims, (No. 560,)

528.

Route of, when adopted, and right to lands along, when attaches, (No. 561,) 528
When grant for, in two States, is made, (No. 562,).

Lands within six mile limits of, not subject to graduation, when restored
to market, (No. 564,)

Route of Superior and St. Croix, in Wisconsin, to be certified by Governor,
(No. 563,)

530

Land along Central, in Illinois, pre-emptible, (No. 565,)
Entries before location of route of, to be patented, (No. 566,)
Approval of route of, in Michigan, by Governor, required, (No. 567,)
Lands along, claimed both for railroads and swamps, how confirmed, (No.
568,)

532

532

533

534

When' lines as located are coincident, the State not entitled to indemnity,
(No. 570,).

535

Route of, must be fixed before lands enure to State, (No. 571,)

537

Mode of determining route of, (No. 571,)

537

Grants to, conflicting with pre-emption claims, considered, (No. 571,)

537

When routes of, are certified by Governor, objections by others not re-
garded, (No. 573,)

In adjusting grants to, the General Land Office deals only with State, (No.
572,)

540

541

Conflictions with,

445

Pre-emption right on alternate sections of, (Nos. 502, 503,).

450

Land between six and fifteen mile limits claimed as swamp, (No. 591,)
Lands claimed for, and approved as swamp, (No. 593,)

561

562

Opinion of Attorney-General as to swamp and railroad conflictions, (No.
595,)

564

As to conflict between swamp grant and, (Nos. 596, 599, 602,) 565, 569, 570
RECEIVER, DUTIES OF. TITLE I.,

Instructions of May 17, 1845, as to mileage, transportation, &c., (No. 362,) 315
Instructions, rescinding in part the foregoing, (No. 376,)

328

of July, 18, 1854, as to depositing, (No. 377,)

329

of August 31, 1854, as to drafts drawn on, by United States Treasurer,
(No. 378,)

329

Fees for land warrant locations to be accounted for by, (No. 386,)
Not to deposit balance unless it exceeds $2000, (No. 387,)
To pay Treasury drafts on other offices in certain cases, (No. 388,)

335

336

336

RECEIVER, DUTIES OF, continued,

PAGE

Must return Treasury drafts when they cannot be used at par, (No. 388,). 336
REGISTERS AND RECEIVERS,

Cannot become agents to sell land warrants, &c., (No. 366,)
To make returns at close of each month, (No, 367,)

Clerks of, not to act as agents for locating warrants, &c., (No. 371,)
Mode of making their returns, (No. 372,)

324

325

To make returns at close of each month and quarter, (No. 373,)
Fees on warrant locations under Act of 1852, (No. 374,)

To account for surplus fees on warrant locations under Act of 1855, (No.
381,)

331

332

Fee statement, form of, (No. 383,)

333

Not to absent themselves from their offices without leave of absence, (No.
384,)

334

Returns to be made three days after close of each month and quarter, (No.
385,)

334

Fees for locating land warrants, how to be credited, (No. 386,)
Cannot pre-empt lands in their district, (No. 389,)

335

337

May purchase lands at private entry, (No. 389,)

337

Law requiring removal of, for charging illegal fees, imperative, (No. 391,)
Should both be present when pre-emption proof is taken, if practicable,
(No. 392,)

338

339

Must account for fees received for warrant locations, (No. 393,)
Compensation of, up to what time allowed out-going, (No. 394,)

340

340

Compensation for sale of Indian lands, to be adjusted as in ordinary sales,
(No. 395,).

Instructions as to public sale, (No. 397,)

As to receipt of Treasury notes for land, (No. 398,)

Decision of, when not final in pre-emption cases, (No. 439,)

Foregoing instructions explained, (No. 409,)

Instructions as to confirmation of entries, (No. 410,)

350

355*, 357*, 392

Instructions relative to pre-emption rights, under Act of 1841, (No. 408,)

360

367

368

Duties of. TITLE I., .

Instructions under Act of 3d March, 1843, (No. 411,)

as to returns in pre-emption cases, (No. 414,) ·

Fees of, in pre-emption cases, (No. 415,)

Jurisdiction of, over date and fact of settlement, (No. 443,)

Fees of, under Acts of 1850 and 1852, for locating warrants,
Fees for locating warrants, under Act 1855,

Must pay over excess fees on warrant locations, (No. 630,)

REGISTER,

Required to obtain subdivisional plats from Surveyor-General, (No. 361,)
Not to allow entries of tracts previously sold, (No. 368,)

Clerks of, not authorized to sign certificates, (No. 390.)
Should enter swamp selections on tract books, (No. 392,)

338

339

Wrong act of, will not prejudice the right of a party, (Nos. 402, 471,) 351, 415

REHEARING OF ADJUDICATED CASES. TITLE XV.,

Rule as to, (Nos. 681, 682, 683,)

New testimony required for, (Nos. 685, 687,)

REPAYMENT OF PURCHASE-MONEY.
Circulars as to, (Nos. 665, 666, 667,)
Refused for non-production of deed, &c., (Nos. 668, 672, 675, 676, 679,) 671,

673, 675, 677

Not made to a party who failed to file legal application to purchase, (No.
669, 677,)

Claimed by assignee, after made to purchaser. (No. 670,).

671, 675

672

REPAYMENT OF PURCHASE-MONEY, continued.

For patented lands, deeds required of patentee, (Nos. 672, 675, 676,)

PAGE

673, 675

In pre-emption cases, affidavit of non-incumbrance required, (No. 678,). 676
In given case, husband and wife must join in application for, (No. 680,). 677

RESIDENT,

690

728

On lands subject to pre-emption, may file for same, (No. 474,)
Pre-emption claimant must be, (Nos. 480, 481,)

417

421, 422

Continued, may make proof of pre-emption, (No. 486,)

426

Not allowed twelve months to commence residence on a pre-emption claim,
(No. 490)

430

Town site claimant must be, (No. 493,)

432

RINCON DE LA MUSALACON RANCHO, in California, (No. 657,)

647

ROCK ISLAND, as to military reservation of, (No. 698,)

Contract for, of pre-emption claim vitiates the entry, (No. 532,)
Public, as to bids at,

how made, (No. 403,)

Lands once brought into market must remain subject to, (No. 404,)

313

342

Of tract formerly claimed, disqualifies pre-emption claimant, (No. 407,) 354

Of former claim no bar to another, (Nos. 459, 460, 461,) .

405, 406, 407

Lands once entered not subject to private, (No. 462,)

408

Private and pre-emption settlement on same day, (No. 421,)

382

Of pre-emption claim before entry, disqualifies claimant, (No. 435,)
Of pre-emption claim when alleged, (No. 482,)

390

423

SCRIP, VIRGINIA MILITARY. TITLE XVI.,

682

683, 686, 687

Opinions of Attorney-General as to, (Nos. 690, 691, 692,)

Revolutionary bounty land, may be located on graduated lands, (No. 523,). 480

Sioux half breed, where locatable, (No. 543,)

Circular as to, (No. 639,)

SCHOOL LANDS. TITLE VI.,

Settler must consent to location, (Nos. 647, 648,)

Circulars in regard to, (Nos. 534, 536,)

Granted to Michigan absolutely, (No. 537,)

In Minnesota, a settler in part on, entitled to relief, (No. 539,)
In California, fractional townships not provided for, (No. 540,)

To sustain pre-emption right on, in Minnesota, settlement must precede

In Kansas not granted, but reserved, (No. 541,)

In Lake Pepin reserve, not pre-emptible, (No. 543,)

SELECTIONS, (See SCHOOL LANDS, INTERNAL IMPROVEMENTS, AND SWAMP.

may be located with Sioux scrip, (No. 543,)

When abandoned cannot be entered until advertised, (No. 401,)
Approval of, not conclusive, &c., (No. 538,)

SETTLEMENT, PRE EMPTION,

May be made at any time prior to adverse claim, (No. 428,)

In Minnesota, prior to survey, (No. 449,)

By minor, (No. 453,)

May be dated, how, (No. 475,)

When may be made anew, (No. 447,)

Made during pendency of adverse entry, confers no right, (No. 461,)

Purchase of prior claim, when a, (No. 466,)

Dating filing before, will not vitiate claim, (No. 467,)