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PRE-EMPTION, continued.
Claimant déterred 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,).

394
Right attaches from date of settlement, (No. 443,).

395
First settler entitled in preference to first resident, (No. 444,)

396
Proof as to claimant's bona fides, admissible, (Nos. 445, 446,)

396, 397
Claimant's presence at settlement necessary, (No. 448,)

398
Testimony as to speculative purpose, to be admitted, (No. 450,)

399
Claimant in Minnesota, when to file notice, (No. 451,)

400
need not erect dwelling house, (No. 458,)

404
Lands previously sold may be acquired by, (Nos. 459, 460, 461,) 405, 406, 407
Right will not attach until former entry is cancelled, (No. 461,)

407
Settlement prior to private entry, (No. 464,)
Improvements to be made in reasonable time, (No. 470,)
Any resident on land subject to, may file for, (No. 474,)

417
Adverse entry must yield to valid, (No. 476,)
Fear will not excuse non-filing, (No. 500,) ·
As to right of pre-emption on alternate sections of railroads, (Nos. 502,
503,)

450, 509*
between six and fifteen mile limits, (No. 569,)

535
Conflict with railroad claim considered, (No. 571,)

537
Settlers along the line of Illinois Central Railroad, entitled to pre-emp-
tion, (No. 565,)

532
A As to claimant in California before survey, (No. 507,)
Circular as to, in California, (No. 701,)
Location of State Warrants, void as against, (No. 504,)
Previous contract to sell claim, vitiates, (No. 532,)
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,)
disqualified by ownership of three hundred and twenty acres, (No. 465,) 410
as to settlement on different tract from the one claimed, (No. 473,)
must reside on the land claimed, (Nos. 480, 481, 484, 487,) 421, 422, 424, 426
when driven from claim, &c., (No. 483,)
inhabiting before survey does not create a forfeiture, (No. 485,)
further proof may be made, when, (No. 486,) .
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 atidavit of non-incumbrance, (No. 678,) 676
As to different dates of settlement claimed, (No. 686,)

679
Conflict with swamp selection, (No. 601,)

570
Warrant location on, not assignable, (Nos. 616, 628, 634,) 607, 616, 620
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,)

625*, 630
As to, in Lake Pepin reserve, (Nos. 647, 650,)

634, 637
Patent will not be issued to private purchaser's against claim by, (No. 664,) 665

Entry of part of claim, when confirmed, (No. 533,)
PRESIDENT,
As to power of, to reverse decision of Secretary, (No. 549,)

507
Appeals do not lie to, (No. 688,)
PRIVATE LAND CLAIMS in California and Louisana. TITLE XII., (No. 652,) 640
PROOF,

And payment for pre-emption claims on unoffered lands, when to be made,

(No. 437,).

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409

416

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PROOF, continued.

As to bona fides of pre-emption claimants, (Nos. 445, 446, 450,) 396, 297, 399

As to discrepancy between declaratory statement and, (No. 452,).
PURCHASE MONEY. (See REPAYMENT.)
PURCHASE,

Of pre-emption claim of prior settler, (No. 466,)
Money, repayment of, (Nos. 665, 667,)

667, 670
Cost of Indian lands, (No. 694,)

688

111

Q.

QUITO RANCHO in California, (No. 659,)

650

509

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376
509
512
514

520
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524
524
526
527
528

529

530

531
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533

R.
RAILROAD SÉLECTIONS. TITLE VIII.,

Lands along line of, may be pre-empted under Act, 27th March, 1854,

(No. 413,).
Selections, synopsis of rules as to,
Grants to, in Iowa, construed, (No. 551,)
Grants to, in Illinois, construed, (No. 552,).
Chicago and Mobile, grant for, construed, (No. 552, 553,)

514, 516
No withdrawal for, till after grant, (No. 554,)
In Missouri, erroneously claimed as swamp, confirmed, (No. 555,)
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,).
Grants to Florida and Alabama, in their respective limits, (No. 558,)
Terminating lines of, (No. 559,)
Conflicting with pre-emption claims, (No. 560,)
Route of, when adopted, and right to lands along, when attaches, (No. 561,) 528
When grant for, in two States, is made, (No. 562,).
Route of Superior and St. Croix, in Wisconsin, to be certified by Governor,

(No. 563,).
Lands within six mile limits of, not subject to graduation, when restored

to market, (No. 564,)
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,
When lines as located are coincident, the State not entitled to indemnity,

(No. 570,).
Route of, must be fixed before lands enure to State, (No. 571,)
Mode of determining route of, (No. 571,)
Grants to, conflicting with pre-emption claims, considered, (No. 571,)
In adjusting grants to, the General Land Office deals only with State, (No.

572,)
When routes of, are certified by Governor, objections by others not re-

garded, (No. 573,)
Conflictions with,
Pre-emption right on alternate sections of, (Nos. 502, 503,).
Land between six and fifteen mile limits claimed as swamp, (No. 591,)
Lands claimed for, and approved as swamp, (No. 593,)
Opinion of Attorney-General as to swamp and railroad conflictions, (No.

595,)

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

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

of July, 18, 1854, as to depositing, (No. 377,)
of August 31, 1854, as to drafts drawn on, by United States Treasurer,

(No. 378)
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,)

534

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535
537
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540

541
445
450
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562

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RECEIVER, DUTIES OF, continued,

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

313
Circular as to postage, letters, and reports, (No. 363,)
As to illegal charges of, (No. 365,) .
Cannot become agents to sell land warrants, &c., (No. 366,)

,
To make returns at close of each month, (No, 367,)
To compare their returns, &c., (No. 368,)
Instructed as to change of entries, (No. 369,)
Clerks of, not to act as agents for locating warrants, &c., (No. 371,)
Mode of making their returns, (No. 372,)
To make returns at close of each month and quarter, (No. 373,)
Fees on warrant locations under Act of 1852, (No. 374,)
Returns of, how to be made, (No. 375,)

327
Not to close land office to bring up arrears, (No. 380,)
To account for surplus fees on warrant locations under Act of 1855, (No.

381,)
Returns, columns to be added up, (No. 382,)
Fee statement, form of, (No. 383,)
Not to absent themselves from their offices without leave of absence, (No.

384,)
Returns to be made three days after close of each month and quarter, (No.

385,)
Fees for locating land warrants, how to be credited, (No. 386,)
Cannot pre-empt lands in their district, (No. 389,)

337
May purchase lands at private entry, (No. 389,)

337
Law requiring removal of, for charging illegal fees, imperative, (No. 391,)

391,) 338
Should both be present when pre-emption proof is taken, if practicable,

(No. 392,)
Must account for fees received for warrant locations, (No. 393,)
Compensation of, up to what time allowed out-going, (No. 394,)
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,)
As to bringing isolated tracts into market, (No. 399,)
Decision of, when not final in pre-emption cases, (No. 439,) 355*, 357*, 392
Instructions relative to pre-emption rights, under Act of 1841, (No. 408,)
Foregoing instructions explained, (No. 409,)

367
Instructions as to confirmation of entries, (No. 410,)
Instructions under Act of 3d March, 1843, (No. 411,)

370
as to returns in pre-emption cases, (No. 414,).

377
Fees of, in pre-emption cases, (No. 415,)

378
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,

Duties of. TITLE I.,
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,)

Wrong act of, will not prejudice the right of a party, (Nós. 402, 471,) 351, 415
REHEARING OF ADJUDICATED CASES. TITLE XV.,

678
Rule as to, (Nos. 681, 682, 683,)

678
New testimony required for, (Nos. 685, 687)

679, 680
REPAYMENT OF PURCHASE-MONEY. TITLE XIV.,
Circulars as to, (Nos. 665, 666, 667,)

667, 669, 670
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,)

671, 675
Claimed by assignee, after made to purchaser, (No. 670,)

672

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REPAYMENT OF PURCHASE-MONEY, continued.
For patented lànds, deeds required of patentee, (Nos. 672, 675, 676,)

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
RESERVATIONS,

Rock Island Military, as to, (No. 698,)
Survey of Indian, in Kansas, (No. 705,)

728
RESIDENT,
On lands subject to pre-emption, may file for same, (No. 474,)

417
Pre-emption claimant must be, (Nos. 480, 481,)

421, 422
Continued, may make proof of pre-emption, (No. 486,)
Not allowed twelve months to commence residence on a pre-emption claim,

(No. 490.).

Town site claimant must be, (No. 493,)
RINCON DE LA MUSALACON RANCHO, in California, (No. 657,)

647
ROCK ISLAND, as to military reservation of, (No. 698,)
RODRIGUES CLAIM, in California, (No. 662,) .

. 657

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490
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TITLE XVI.,

682

499

492

SALARIES of Registers and Receivers,
SALE,

of public lands how made, (No. 396,)
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,)
Of tract formerly claimed, disqualifies pre-emption claimant, (No. 407,)
Of former claim no bar to another, (Nos. 459, 460, 461,) 405, 406, 407
Lands once entered not subject to private, (No. 462,)
Private and pre-emption settlement on same day, (No. 421,)
Of pre-emption claim before entry, disqualifies claimant, (No. 435,)

Of pre-emption claim when alleged, (No. 482,)
SCRIP, VIRGINIA MILITARY.
Opinions of Attorney-General as to, (Nos. 690, 691, 692,)

683, 686, 687
Revolutionary bounty land, may be located on graduated lands, (No. 523,) . 480

Sioux half breed, where locatable, (No. 543,) .
Circular as to, (No. 639,)

627
Settler must consent to location, (Nos. 647, 648,)

634, 635
SCHOOL LANDS. TITLE VI.,
Circulars in regard to, (Nos. 534, 536,)

492, 494
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

survey, (No. 542,)
In Kansas not granted, but reserved, (No. 541,)
In Lake Pepin reserve, not pre-emptible, (No. 543,)

· may be located with Sioux scrip, (No. 543,)
SELECTIONS, (See School LANDS, INTERNAL IMPROVEMENTS, AND SWAMP.

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,)

397
Made during pendency of adverse entry, confers no right, (No. 461,
Purchase of prior claim, wben a, (No. 466,)
Dating filing before,

will not vitiate claim, (No. 467,)
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SETTLEMENT, PRE-EMPTION, continued.

And inhabitancy to be connected, (No. 468,)
Conflicting, made before survey, (No. 472,)
On one tract gives no right to another, (No. 473,)

:
When abandoned through fear, (No. 487,)
Under graduation act required, (No. 521,)
Precipitancy of entry after, indicates fraud, (No. 529,)
When not made before entry, (No. 531,)

As to difference as to date of, (No. 686,)
SETTLERS,

Along lines of railroads may pre-empt under Act 27th March, 1854,
(No. 413,)

376
Opinion as to what constitutes, (No. 419,)
When house of, not built on claim, (No. 427,)
do not forfeit right by occasional absences, (No. 478,)

420
In Minnesota, on school lands in part, (No. 539)

must settle prior to survey, (No. 542,)
SHAWNEE INDIAN LANDS in Kansas, when subject to pre-emption settle-
ment, (No. 644,)

632
SUBDIVISION,

A pre-emption claimant will not be confined to a regular quarter section,

(No. 455,).
Forty-acre, made subject to entry, (No. 412,)

376
SUIT, a party cannot use the name of the United States in, without authority,

(No. 699)
SUPERIOR CITY CASE, (Nos. 493, 499,)
SURVEYS OF PUBLIC LANDS. TITLE XVII.,

703
System of, (No. 702,)

703
Notes of decisions of Supreme Court as to,

704
Of swamp land in California,

. 705*
As to lost corners,

705*
Measurement, chaining and marking,

706
Of tally pins,

707
Of chaining,

707
Levelling the chain, &c.,

707
Notching corner posts, &c.,

710
Corner stones, &c.,

711

713
Meandering navigable streams,

714
Of field books,

715
Form of oaths for deputies,

719
Exterior, or township lines, .

720
Method of subdividing,

721
Opinions of Attorney-General, (Nos. 703, 704,)

724, 726
of Indian reservations in Kansas, (No. 705,)

728
In California, cost of, (No. 656,)

647
SUSPENDED ENTRIES. (See ENTRIES.)
Rules and regulations as to, (No. 525,)

482
SWAMP SELECTIONS. TITLE IX.,

Conflicts with, (No. 576,)
In Louisiana, no patent required for, (No. 506,)
Conflict between railroad grant and, in Illinois, (No. 556,)
between grants for railroad and, (No. 568,)

534
Patents for, relate back to date of grant, (No. 578,)

549
Instructions to Surveyor-General of Arkansas as to, (No. 579,)

551
explained, (No. 590,)

559
Due proof as to, &c., (No. 580,)
Approval of, considered, (No. 581,).

553
In Wisconsin, how determined, (Nos. 582, 603,)
In Louisiana considered, (No. 583,)
In conflict with internal improvement selections, (Nos. 584, 598,)

555, 568
Of lands reclaimed by leveeing, (No. 585,)
Conflicting with private entry, (No. 586,)
Approval of, irrevocable, (No. 587,)

557

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