I 



NATIONAL FOREST MANUAL LAWS. 45 



subdivisions, in his office, for a period of sixty days, and shall furnish 

 the applicant a copy of the same for publication, at the expense of such 

 applicant, in a newspaper published nearest the location of the prem- 

 ises, for a like period of time; and after the expiration of said sixty days, 

 if no adverse claim shall have been filed, the person desiring to purchase 

 shall furnish to the register of the land office satisfactory evidence, first, 

 that said notice of the application prepared by the register as aforesaid 

 was duly published in a newspaper as herein required; secondly, that 

 the land is of the character contemplated in this act, unoccupied and 

 without improvements, other than those excepted, either mining 

 or agricultural, and that it apparently contains no valuable deposits of 

 gold, silver, cinnabar, copper, or coal; and upon payment to the proper 

 officer of the purchase money of said land, together with the fees of the 

 register and receiver, as provided for in case of mining claims in the 

 twelfth section of the act approved May tenth, eighteen hundred and 

 seventy-two, the applicant may be permitted to enter said tract, and, 

 on the transmission to the General Land Office of the papers and testi- 

 mony in the case, a patent shall issue thereon: Provided, That any 

 person having a valid claim to any portion of the land may object, in 

 writing, to the issuance of a patent to lands so held by him, stating the 

 nature of his claim thereto; and evidence shall be taken, and the merits 

 of said objection shall be determined by the officers of the land office, 

 subject to appeal, as in other land cases. Effect shall be given to the 

 foregoing provisions of this act by regulations to be prescribed by the 

 Commissioner of the General Land Office. * * * 



LIMITATION TO 320 ACRES UNDER ALL LAND LAWS EXCEPTING 

 MINERAL LAWS. 



Act of August 30, 1890 (26 Stat, 391 ). 



Act of March 3, 1891, section 17 (26 Stat., 1095). 



DECISIONS UNDER THE TIMBER AND STONE LAWS. 



Regulations under the Timber and Stone Law including method of 

 appraisement (37 L. D., 289). 



An Executive order reserving lands for forestry purposes has the 

 same effect, as against an application to purchase under the timber 

 and stone laws, as adverse claim of an individual. (Hattie E. Bradley, 

 34 L. D., 191.) 



Where an applicant fails to submit proof on the day fixed in the pub- 

 lished notice, or, in case of accident or unavoidable delay causing 

 default, within 10 days thereafter, a forestry withdrawal theretofore 

 made immediately attaches and becomes effective on the land regard- 

 less of the fact that the applicant, within such 10-day period, has 

 filed application to readvertise notice of intention to submit proof. 

 (Same; see also M. Edith Curtis, 33 L. D., 265.) 



An agreement or contract made by a timber and stone entryman, 

 prior to final proof and the issuance of certificate for the sale of the 

 timber on the land, is a violation of the provisions against speculative 

 entry for the benefit of another. (Granville M. Boyer, 34 L. D., 581.) 



After full payment of the purchase price and the issuance of final 

 certificate under the timber and stone laws, the land department is 

 without jurisdiction except to determine whether the land was subject 

 to entry and whether the entryman was qualified to make the entry 

 and had in all respects complied with the law; and a subsequent 

 withdrawal for power purposes is unauthorized and does not warrant 

 the withholding of patent. (Charles W. Pelham, 39 L. D.. 201.) 



The entire management of these entries was in the hands of an agent 

 of the Martin -Alexander Co. It furnished the moneys both for the 

 purchase prices, and all expenses, and it is not easy to believe that it 

 did all this on a mere expectation that after the entries had been made, 

 it would purchase the timber. It is a much more reasonable conclu- 

 sion that it had an understanding with the parties making the entries 

 respecting purchases and prices. We agree with the Court 



of Appeals that the testimony points strongly to the fact that the 



