ceiver at Bloomington, Nebr., of November 22, 1877, case of Hanson vs. Geiger. Affirmed by Secretary July 18, 1878.) S. Where a homestead claimant has failed to comply with the law in the matter of residence, he may, under some circumstances, be allowed additional time to comply therewith.-(Commissioner's letter to the register and receiver at Little Rock, Ark., of October 22, 1877, case of Adam Licklider.) 9. Judges of probate in Alabama being ex officio judges of the county courts, which are courts of record, the final proof in homestead cases in that State may be taken before them under the act of 3d March, 1877.(Commissioner's letter to the register and receiver at Huntsville, Ala., of September 14, 1877.) 10. Where a patent on a homestead entry erroneously issued in the name of the homestead party instead of the name of his widow had been recorded in the county records, it was held that the legal representatives of the deceased must release all their right and title to the land before the General Land Office could issue another patent in the name of the widow. (Commissioner's letter to the register and receiver at Lincoln, Nebr., of July 25, 1877, case of Andrew Johannisen.) 11. In the case of a homestead entry having been regularly made by an unmarried woman, who afterward married, and, having fully complied with the settlement and cultivation requirements of the homestead laws, died, leaving no heirs, it was decided that the husband might make the final proof, and that patent should issue in the name of the deceased party.-(Commissioner's letter to register and receiver at Topeka, Kans., of August 25, 1877, case of Mary Latt.) 12. Simultaneous applications having been made to file soldiers' homestead declarations under section 2309, R. S., it was ordered that both parties be allowed to file for the tract, and when either one proposed to make entry that the other should be notified and allowed an opportunity to be heard, the result reported to the General Land Office and its instructions awaited if there should be a contest, but if not, the entry applied for to be allowed.-(Commissioner's letter to the register and receiver at Hays City, Kans., of July 25, 1877, case of H. K. Farnsworth and John Wilkes.) Timber culture. During the last fiscal year entries of public lands have been allowed under the laws for the promotion of timber culture to the extent of 1,870,434.18 acres, which is an increase of 1,349,760.79 acres over the previous fiscal year, being more than thrice the quantity entered during that year. No patents have yet been issued for timber culture entries, the period of time for which the cultivation of the timber is to be kept up as a prerequisite to the issue of a patent not having expired in any Timber-culture rulings have been made during the fiscal year as fol lows: 1. A party having filed an application to contest the validity of a timber-culture entry, together with his application and affidavit for the entry of the land embraced therein, and another party having afterward filed the written relinquishment of the entry by the party, and made application to enter the same land, it was held that the contestant had the preference right to enter, on the existing entry being canceled.-(Commissioner's letter to register and receiver at Niobrara, Nebr., of July 13, 1877, case of Barrett vs. Maybury.) 2. Where a party enters a tract on which a previous claimant had complied with the law by breaking and planting, that fact does not excuse him from complying with the timber-culture law in the same respects as if no such breaking or planting had been done.-(Commissioner's letter to Mark G. Lee, esq., of Shelton, Nebr., dated July 24, 1877.) 3. In a case where the growth of timber on a section was confined to fixed limits, with no prospect that it would ever spread to meet the demands of the people that usually reside upon one section, and a timberculture entry made in the section was contested on the ground that the section was not naturally devoid of timber, the contest was dismissed for the reason that the contestant failed to prove the allegation on which the order for the hearing was based.-(Commissioner's letter to the register and receiver at Benson, Minn., of July 25, 1877, case of Osmundson rs. Norby.) 4. Where a party had failed to get the requisite amount of planting done in one year on his entry, which was for 160 acres, on account of sickness, but had actually done the amount of breaking and planting required by law for an entry of 80 acres, he was permitted to relinquish 80 acres and retain the remaining 80 acres, provided that the 20 acres planted in trees should be embraced in the retained portion of the entry.-(Commissioner's letter to the register and receiver at Sioux Falls, Dak., of August 18, 1877, case of Willard D. Gould.) 5. An application for a timber-culture entry was rejected because the affidavit on which it was based was made a considerable time before, and while the land was covered by a previous timber-culture entry. This action was on appeal affirmed by the head of the department.—(Secretary's letter of September 24, 1877, case of John Key.) 6. In contests of timber-culture entries, the contestants in making applications to contest and to enter the lands must tender the amount of fee and commissions at the same time; the register and receiver must note the facts on their records, and the money be retained in possession of the contestants, awaiting final decisions in the respective cases.-(Commissioner's letter to register and receiver at Wichita, Kans., of December, 4, 1877.) 7. Application made for a timber-culture entry must be simultaneous with the making of the required affidavit, if the latter is made at the district land office, and if made elsewhere before some authorized officer, it must be produced within a reasonable time thereafter, but in no case can an affidavit made while the land is appropriated under the provisions of law be received.-(Secretary's letter of December 22, 1877, case of Hiram Campbell.) 8. The requisites of an affidavit for a continuance on the ground of the absence of a witness are that it shows: 1st. The name and residence of the witness, and the materiality of his testimony; 2d. The exercise of proper diligence to procure the attendance of the witness; and 3d. That the witness can be had at the time to which it is sought to have the trial deferred. (Secretary's letter of May 29, 1878, case of Wilson rs. Simmons.) Desert-land entries. Pursuant to instructions issued to the district land officers in the States of California, Oregon, and Nevada, and the Territories of Washington, Idaho, Montana, Utah, Wyoming, Arizona, New Mexico, and Dakota, under the desert-land act of March 3, 1877, as stated on page 41 of the 'last annual report of this office, returns have been received of entries allowed during the fiscal year ending June 30, 1878, to the extent indicated below, viz. : In Arizona, 77 entries, calling for 48,552.75 acres; California, 200 entries, 72,578.28 acres; Dakota, 5 entries, 1,541 acres; Idaho, 32 entries, 17,916.45 acres; Montana, 106 entries, 29,842.01 acres; Nevada, 303 entries, 79,295.34 acres; New Mexico, 17 entries, 6,183.62 acres; Oregon, 25 entries, 10,091.32 acres; Utah, 162 entries, 25,830.18 acres; Washington, 6 entries, 540.49 acres; Wyoming, 75 entries, 18,181.61 acres; totals, 1,008 entries, 310,553.05 acres. Fort Kearney military reservation. The act of Congress approved July 21, 1876 (19 Stat., pp. 94, 95), entitled "An act to provide for the sale of the Fort Kearney military reservation in the State of Nebraska," provides: That it shall be the duty of the Secretary of the Interior to cause said tract of land to be surveyed, sectionized, and subdivided as other public lands, and after said survey to offer said land to actual settlers only, at minimum price, under and in accordance with the provisions of the homestead laws: Provided, That if any person has made permanent improvements upon said land prior to the first day of June, eighteen hundred and seventy-six (being an actual settler thereon), has exhausted his right to make a homestead entry, such person, or his heirs, may enter one quarter-section of said land under the provisions of the pre-emption laws: And provided further, That the heirs of any deceased person who had made settlement and improvement as above described prior to June first, eighteen hundred and seventy-six, may complete the pre-emption or homestead entry of the person so deceased. The land embraced in said reservation, which lies in part in the Grand Island and in part in the Bloomington land district, having been surveyed, sectionized, and subdivided, according to law, the registers and receivers of the district land offices were instructed by this office how to proceed to dispose of said land under the provisions of the act above quoted, as per letter of the 9th January, 1878. The total area of the reservation is 72,240.47 acres. From this is to be deducted the total area of tracts in sections 16 and 36, which, it is decided by this office, enure to the State under the grant for common schools within the reservation, viz, 3,807.51 acres, which leaves 68,432.96 acres as the quantity of land subject to disposal to actual settlers under said act. Of this quantity, 32,914 acres had been entered at the close of the fiscal year. Detroit arsenal grounds. It was stated on page 42 of the last annual report of this office, that the Detroit arsenal grounds were subdivided into town-lots, 153 in number, with streets to render the same accessible, and offered at public sale, pursuant to the provisions of the act of Congress of March 3, 1875 (18 Stat., p. 510). Since that report was made, the sale having been adjourned from time to time, nine unimproved lots have been sold at the appraised prices, amounting to $1,975 in the aggregate. This leaves 122 of the whole number of lots yet to be sold, appraised with the improvements thereon at $50,065. Pawnee reservation in Nebraska.. By the act of Congress of April 10, 1876 (19 Stat. p. 28), provision was made for the survey, appraisement, and sale of the lands embraced in the Pawnee Indian reservation in Nebraska, comprising 278.837.20 acres, with certain buildings and other improvements existing thereon. The lands were surveyed accordingly, and, with the improvements, were appraised by commissioners appointed for the purpose by the Secretary of the Interior. Instructions for the disposal thereof were issued by this office to the register and receiver of the district land office at Grand Island, Nebr., under date of the 5th February, 1878, pursuant to which, after proper advertisement, a public offering was had at Central City, Merrick County, Nebraska, on the 15th July, 1878, continuing until the 19th of the same month, when all the land contained in the reservation was offered for sale in tracts not exceeding 160 acres. Sales were then made to the extent of 13,129.29 acres, leaving 265,707.91 acres for sale thereafter at private entry, according to the terms of the act. Improvements were disposed of with a portion of the land sold, amounting at the appraised price to $2,975. The remaining lands are to be sold at the appraised prices, which range from $1.25 to $6 per acre, qualified, however, by the provision contained in the act that none shall be sold for less than $2.50 per acre. The purchase money is required to be paid, "one third cash in hand, and the balance in two equal annual payments, drawing interest at the rate of six per centum per annum from the day of sale." Sac and Fox and Otoe and Missouria Indian reservations in Kansas and Nebraska. As was stated in the last annual report, on page 43, a portion com. prising 6,398.20 acres of the Sac and Fox reservation, and a portion comprising 119,846.17 acres of the Otoe and Missouria reservation in Kansas and Nebraska, have been brought into market pursuant to the provisions of the act of Congress of August 15, 1878 (19 Stat., p. 208). During the last fiscal year entries have been made of the Sac and Fox lands to the amount of 3,120.54 acres, and of the Otoe and Missouria to the amount of 25,423.66 acres. Entries of these lands are restricted to the class of actual settlers by the terms of said act. They are subject to entry at the district land office at Beatrice, Nebr., in quantities not exceeding 160 acres to each settler, at prices fixed by appraisement of the several tracts, but not less in any case than $2.50 per acre. The terms of payment with reference to both reservations have been fixed by the Secretary of the Inte rior under the act as the following, viz: One-third of the purchase money is to be paid in cash at the date of entry, one-third in one year, and one-third in two years thereafter, with interest at 6 per centum per annum. Cherokee strip. In the annual report of this office dated November 1, 1876, pages 21 and 22, the condition at that date of what are known as the "Cherokee strip" lands was stated, and the area thereof remaining unsold was given as 295,577.84 acres. On the 28th of February, 1877, an act was passed by Congress which provided that this remnant should be offered for sale at the proper dis trict offices to settlers at $1.25 per acre, and that all of said lands remaining unsold after one year from the date of such offering should be subject to sale at not less than $1 per acre, parties purchasing being restricted to 160 acres each. The third section of this act provided that it should take effect upon the date of its acceptance by the legislature of the Cherokee Nation, who were required to file a certificate of such acceptance; which they did. Thereupon, by direction of the Secretary of the Interior, this office issued the necessary instructions to the district officers at Independence, Wichita, and Larned, Kans., and the lands were offered for sale to actual settlers, in accordance with the provisions of this act, in the month of February of the present year. ̄At the close of the fiscal year on the 30th June last, 5,189.44 acres had been sold, embraced in thirty-nine entries. Total Date. Offices. Entries. In reference to the above and certain other Indian lands in Kansas, further information is contained in the following Tabular statement showing the number of declaratory statements filed, entries made, acres entered, and, in case of the Osage Indian ceded lands, where payment is made by installments, the number of receipts and certificates issued for the classes of Indian lands in the State of Kansas therein mentioned, during the fiscal year ending June 30, 1878. Cherokee strip, act of Febru. Osage Indian ceded lands, act of August Osage Indian trust and di ary 28, 1877. Area. 11, 1876. Area. minished-reserve lands, see. 2283 Rev. Stats. Area. Acres. From date of act to December 31, 1876. Acres. Table showing the total number of declaratory statements filed, entries made, receipts and certificates issued, and acres entered in case of the Osage Indian ceded lands at Independence, Kans., under the act of August 11, 1876, up to the 30th of June, 1878. In the division of this office having charge of sales at ordinary private. entry, of homestead, timber-culture, and desert-land entries, and the class of entries allowed in the Indian and military reservations, above referred to, there were received during the fiscal year ending June 30, 1878, 30,160 letters. The number of letters written during the year was 20,648, which covered 11,866 pages of record. The number of cases examined, approved, and put in course of patenting was 23,510, and the number of cases posted in tract books was 114,223. There were 393 cases of suspended entries adjudicated upon principles of equity and justice, and the adjudications submitted to the board constituted of the Secretary of the Interior and the Attorney-General, under sections 2450 to 2457 of the Revised Statutes of the United States, as amended by act of Congress of February 27, 1877. Of these adjudications 366 were approved and 27 rejected by the board. Lists of these cases are attached on pages 186 and 200. It devolves upon this division, as fast as surveys of public lands are made, to open tract books, in which are to be noted in pencil the smallest legal subdivisions established by the surveys and the areas thereof; to make entries therein of all private claims, reservations, pre-emption and homestead filings, cash and other entries, selections by States and corporations under Congressional grants, warrant and scrip locations, and other disposals; to examine the greater portion of the same, with regard to the regularity of the papers returned, and the sufficiency of the proof, Acres. Area. Acres. |