70 LAWS APPLICABLE TO THE NATIONAL FORESTS. 



tion 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 news- 

 paper 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 pur- 

 chase money of said land, together with the fees of the register and 

 receiver, as provided for in case of mining claims in the twelfth sec- 

 tion 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 testimony 

 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 writ- 

 ing, 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 1 mineral laws. 



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



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



DECISIONS. 



Regulations under the timber and stone law, including method of 

 appraisement (43 L. D., 37). 



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 

 published 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.' 

 (Id. ; 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 specula- 

 tive 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.) 



