10 THE NATIONAL FOREST MANUAL. 



No rights can be initiated in this way upon land which lias been 

 withdrawn for or included in a National Forest. 



A posted notice of claim to a tract of land is not the basis of title, 

 and where actual residence in pursuance of an intention to remain 

 is relied upon as the basis, failure to maintain it may result in the 

 forfeiture of the claim. Squatters may, at their option, await public 

 survey or apply for the examination of their lands that they may be 

 opened to entry under the act of June 11, 1906 (34 Stat., 233). 



The locator, or subsequent owner, of a mining claim has a right 

 to the use of sufficient timber from his claim for 



Free u s e of development purposes. This includes the construc- 

 oprant rfmSng tion * sucn Buildings a s may be necessary as an 

 claims. adjunct to such development and the timber for 



shafts and tunnels, as well as for fuel in connection 

 with such development. Timber, however, may not be cut from one 

 claim to be used on another claim even if it be of the same group 

 unless its use tends to develop the claim from which it is cut, as well 

 as the one on which it is used, except under free-use permit (Regs. S-19 

 toS-27)^ 



A mining claimant has no right whatever to cut or remove timber 

 from his claim for sale or for purposes other than the development 

 of the claim, and such removal constitutes trespass (Reg. T-2), except 

 where the removal of the timber reasonably in advance of the mining 

 work is necessary to the development of the claim. 



Upon the cancellation of any claim to lands within a National 

 Forest the land involved becomes part of the National 

 afte^cancelMi 018 Forest, excepting canceled entries under the act of 

 ofclaim! C< l June 11, 1906, and excepting entries canceled and 

 reinstated under the act of March 3, 1911, and except- 

 ing canceled entries upon lands which are within the boundaries of 

 the Forest, but which, by the conditions of the proclamation creating 

 it, are not included therein, and unless the claim erroneously covered 

 part of an odd-numbered section within the primary limits of a 

 railroad grant or was canceled by reason of tlie superior adverse 

 claim of another. 



In cases of pending homestead entries, if the entry is not canceled 

 within one year after the expiration of the seven-year period from 

 the date of entry within which no proof has been submitted, the 

 supervisor will report the case to the district forester, who will call 

 this to the attention of the chief of field division. In these cases no 

 report as required by Form 655 will be necessary, as, under the 

 regular Land Office procedure, the local land office officials will 

 notify the entryman to show cause why the entry should not be can- 

 celed on account of the expiration of the seven-year period. 



The title of the United States passes with the patent, but its 

 delivery is not necessary, since the title by patent is 



bypa S tenf one of record and Jt relat . es back to the initiation of 



the claim and cuts off all intervening claims. 



If a patent to public land is not expressly required by law, title 

 passes fully by certification (as in the case of a land 



by c a e S rtmcation rant to a State )- If ; however, the certification is 

 erroneous for any reason, patent may issue on a 



bona fide entry of record prior to or at the date of such certification. 



