46 NATIONAL FOREST MANUAL LAWS. 





entries were in pursuance of an understanding or agreement with 

 the Martin-Alexander Co. that, aa it was advancing all the money, the 

 entryman should convey to it the standing timber at a fixed price. 

 (United States v. Detroit Lumber Co., 200 U. S., 321.) 



The act does not in any respect limit the domain which the purchaser 

 has over the land after it is purchased from the Government, or restrict, 

 in the slightest, his power of alienation. All that it denounces is a 

 prior agreement, the acting for another in the purchase. If, when the 

 title passed from the Government, no one save the purchaser has any 

 claim for it, the act is satisfied. Montgomery might rightfully come 

 or send into that vicinity and make known generally or to individuals 

 a willingness to buy timberland at a price in excess of that which it 

 would cost to obtain it from the Government, and any person knowing 

 of that offer might rightfully come to the land office and make applica- 

 tion and purchase a timber tract from the Government. (United 

 States v. Budd, 144 U. S., 154.) 



A person desiring to purchase a large tract of timberlands of the 

 United States may lawfully express such desire to another, and con- 

 tract with him to purchase the lands and advance money to enable 

 the seller to acquire the land from the entryman, and he is not bound 

 to inquire into the method by which such seller acquires the title, nor 

 chargeable with any fraud therein which would render the patent 

 subject to cancellation, of which he has no actual knowledge. (U. S. 

 v. Barber Lumber Co. (C. C. A.), 194 Fed., 24.) 



To warrant the cancellation of a patent for lands on account of fraud, 

 the evidence must be clear, unequivocal, and convincing, and it can 

 not be done on a bare preponderance of evidence which leaves the 

 issue in doubt. (Idem.) 



Application under the timber and stone act (sworn statement) must 

 be based on a personal examination of the land and not made on infor- 

 mation and belief or by agent. (Ness v. Fisher, 223 U. S., 683; see also 

 case of Frank L. Chambers et al., 40 L. D.. 85.) 



Section 1 of the act of March 3, 1911, authorizing the reinstatement 

 of homestead entries canceled or relinquished because of the erroneous 

 allowance of such entries after the withdrawal of lands for national 

 forest purposes makes no provision for the reinstatement of canceled 

 timber and stone entries. (Albert L. Knight, 41 L. D., 261.) 



DESERT-LAND LAWS. 



Act March 3, 1877 (19 Stat., 377). 



Who may en- That it shall be lawful for any citizen of the United States, or any 

 person of requisite age "who may be entitled to become a citizen, and 

 who has filed his declaration to become such" and upon payment of 

 twenty-five cents per acre to file a declaration under oath with the 

 register and the receiver of the land district in which any desert land 

 is situated, that he intends to reclaim a tract of desert land not exceed- 

 ing one section, 1 by conducting water upon the same, within the period 



Water for irri- o f three years 2 thereafter: Provided, Tiowever, That the right to the use 

 of water by the person so conducting the same, on or to any tract of 

 desert land of six hundred and forty acres shall depend upon bona 

 fide prior appropriation; and such right shall not exceed the amount 

 of water actually appropriated, and necessarily used for the purpose of 

 irrigation and reclamation; and all surplus water over and above such 

 actual appropriation and use, together with the water of all lakes, 

 rivers, and other sources of water supply upon the public lands, and 

 not navigable, shall remain and be held free for the appropriation 

 and use of the public for irrigation, mining, and manufacturing pur- 

 poses subject to existing rights. Said declaration shall describe par- 

 ticularly said section of land if surveyed, and, if unsurveyed, shall 



When patent describe the same as nearly as possible without a survey. At any 

 time within the period of three years 2 after filing said declaration, 

 upon making satisfactory proof to the register and receiver of the 

 reclamation of said tract of land in the manner aforesaid, and upon 



1 Limited to 320 acres by act next following, section 7. 



2 Extended to four years by act next following, section 7. 



