in that case, be interlined to show the fact that the location was made in full satisfaction of the scrip

If in any case there should be a small excess in the legal sub-division or sub-divisions desired over the quantity of land called for in the scrip, you will permit the party to pay for the excess in money, for which the Receiver will issue an excess receipt, to be numbered in the regular cash series, and the excess payment to be reported as usual in the cash returns. The fact of the cash payment, with the number of the receipt issued therefor, will be noted on the location papers.

At the expiration of the month you will send up an abstract of all locations of this description allowed during the month, form D, annexed, indicating thereon, under the head of "Remarks," whether the location was made in part satisfaction of the scrip or in full satisfaction of the same. You will forward therewith your certificates of location issued during the month, and also any scrip which shall have been surrendered fully satisfied.

On the receipt here of these returns, the proper entries will be made on the books of this Office, to show the tracts taken either in part satisfaction, or in full satisfaction of the scrip, as the case may be.

The papers returned will be retained on their appropriate files in this Office.

If the locations should be found to conflict with any adverse claim, or should any other objection thereto appear, such action will be taken as the facts of the case may be found to require, and the party in interest duly advised through the District Land-Officers.

It is held by this office that the act of June 22, 1860, before mentioned, as extended by the acts of March 2, 1867, and June 10, 1872, does not provide for the issuing of patents in locations of scrip allowed thereunder, and that further legislation will be necessary before patents can be issued in such cases.

Very respectfully, REGISTER AND RECEIVER.

S. S. BURDETT, Commissioner.

(A.)

Acts of June 22, 1860, March 2, 1867, and June 10, 1872. CERTIFICATE OF LOCATION.

No.

Claim of

DEPARTMENT OF THE INTERIOR,
GENERAL LAND OFFICE,

Washington, D. C.,

I HEREBY CERTIFY that, by

the claim of

187-. has been con

acres of land, of which

firmed to the extent and quantity of there has been sold by the United States prior to said confirmation, or cannot be surveyed or located, the quantity of acres, which quantity the said claimant entitled to enter, pursuant to the provisions of the 6th section of the act of Congress approved June 22, 1860, entitled "An Act for the final adjustment of Private Land Claims in the States of Florida, Louisiana, and Missouri, and for other purposes," as extended by the act of Congress approved March 2, 1867,

entitled "An Act to extend the provisions of an act entitled 'An Act for the final adjustment of Private Land Claims in the States of Florida, Louisiana, and Missouri, and for other purposes,'" and as extended and amended by an act of Congress approved June 10, 1872, entitled "An Act to extend the provisions of an act entitled An Act for the final adjustment of Private Land Claims in the States of Florida, Louisiana, and Missouri, and for other purposes.'"

or

NOW, THEREFORE BE IT KNOWN, That on surrender of this certificate to the Register of any land-office of the United States the said legal representatives shall be entitled to enter, in satisfaction of said claim, the quantity of acres upon any of the public lands of the United States, to which no adverse right exists, except in the States of Alabama, Mississippi, Louisiana, Arkansas, and Florida, where the disposal of public lands is restricted to homestead actual settlement by the act of Congress approved June 21, 1866, (14 Stat., p. 66.) "Provided, That said entry be made only on lands subject to private entry at one dollar and twenty-five cents per acre, and as far as may be possible in legal divisions and sub-divisions, according to the surveys made by the United States."

Commissioner.

(B.)

Acts of June 22, 1860, March 2, 1867, and June 10, 1872. REGISTER AND RECEIVER.

or

No.

SCRIP NO.

Scrip issued by virtue of a decree rendered on the
by the Supreme Court of the United States for the claim of
legal representives.

I,

certificate
of Range No.

day of

hereby apply to locate with the above-described quarter of Section No., in Township No. containing acres, in the district of lands

subject to sale at

We certify that the above-described tracts have this day been located pursuant to the application, and that the location is correct, being in accordance with law and instructions.

Register.

Receiver.

(C.)

Acts of June 22, 1860, March 2, 1867, and June 10, 1872. CERTIFICATE OF ENTRY.

REGISTER AND RECEIVER'S NO.

UNITED STATES DISTRICT LAND-OFFICE AT WE CERTIFY that Certificate of Location No. issued by virtue of a decree rendered on the the Supreme Court of the United States, has quarter of Section No. -, containing

by

No.

on the
of Range No.

this

acres.

Register.
Receiver.

(D.)

Abstract of locations made with Scrip, in satisfaction of Private Land Claims, under act of June 22, 1860, at the Land-Office at

18-.

in the month of

TRACTS LOCATED.

AREA.

Register
DATE OF
and Scrip
LOCATION Receiver's No. Part of | Sec- Town-j
No.

Section. tion. ship. Range. Acres.

entered as No

is confirmed to

I hereby certify that by the act of Congress, approved entitled

acres of

acres,

in the report dated land, of which there remains unsatisfied the quantity of which quantity the said claimant entitled to locate pursuant to the provisions of the 3d section of the act of Congress approved June 2, 1858, entitled "An Act to provide for the location of certain confirmed private land claims in the State of Missouri, and for other purposes."

Now, therefore, be it known that on surrender of this certificate to the Register of any Land-Office of the United States, the said

or legal representatives, shall be entitled to locate, in part satisfaction of said claim, the quantity of eighty acres "upon any of the public lands of the United States subject to sale at private entry at a price not exceeding one dollar and twenty-five cents per acre: Provided, That such location shall conform to legal divisions and subdivisions."

Surveyor-General
of

GENERAL LAND OFFICE,

187.

The foregoing Certificate or Scrip, having been lawfully issued by the Surveyor General is receivable, according to its terms, at any Land-Office in the United States, for the location of land subject to entry at private sale, and to which no adverse right exists, except in the States of Alabama, Mississippi, Louisiana, Arkansas and Florida, where the disposal of public lands is restricted to Homestead actual settlements, by the act of Congress approved June 21, 1866. (U. S. Statutes, vol. 14, p. 66.) It is subject to location by the holder, but the patent, when issued for the location made, will be in the name of or his legal representatives.

Acts of June 22, 1860, March 2, 1867, and June 10, 1872.
DEPARTMENT OF THE INTERIOR,

GENERAL LAND OFFICE,

Washington, D. C.,

187-. has been

acres of land, of which

I hereby certify, That by the claim of confirmed to the extent and quantity of there has been sold by the United States prior to said confirmation, or cannot be surveyed or located, the quantity of acres, which quantity the said claimant entitled to enter pursuant to the provisions of the sixth section of the act of Congress approved June 22, 1860, entitled "An act for the final adjustment of Private Land Claims in the States of Florida, Louisiana, and Missouri, and for other purposes," as extended by the act of Congress approved March 2, 1867, entitled "An act to extend the provisions of an act entitled 'An act for the final adjustment of Private Land Claims in the States of Florida, Louisiana and Missouri, and for other purposes,'" and as extended and amended by an act of Congress, approved June 10, 1872, entitled "An act to extend the provisions of an act entitled 'An act for the final adjustment of Private Land Claims in the States of Florida, Louisiana, and Missouri, and for other purposes.'"

Now, therefore, be it known, That on the surrender of this certificate to the Register of any land-office of the United States, the said above named part -or legal representatives shall be entitled to enter,

in part satisfaction of said claim, the quantity of

acre

upon any of the public lands of the United States to which no adverse right exists-except in the States of Alabama, Mississippi, Louisiana, Arkansas, and Florida, where the disposal of public lands is restricted to homestead actual settlement by the act of Congress approved June 21, 1866, (14 Stats., p. 66,) "provided that said entry be made only on lands subject to private entry at one dollar and twentyfive cents per acre, and as far as may be possible in legal divisions and subdivisions, according to the surveys made by the United States." Commissioner.

No. 634.

BOVARD v. BUNN.

Mere naked possession does not run against the government.

Land covered by an erroneous entry on the books of the local office is not subject to private entry and can only be made so by the regular publication of notice.

Porterfield Scrip may be located on any of the public lands which have been or may be surveyed, and which have not been otherwise appropriated at the time of such location, on both offered and unoffered lands.

DEPARTMENT OF JUSTICE,

OFFICE OF ASSISTANT ATTORNEY GENERAL,

Washington, Oct. 24, 1871.

SIR-I have considered the case of Bovard v. Bunn, involving the right to W. S. W. of Sec. 29, T. 19. N., R. 2 E., 4th P. M., Illinois. On the first day of October, 1839, one Lawrason Riggs made application to the District Office at Galena, Illinois, to purchase at private entry the W. of S. E. of Sec. 29, T. 19 N., R. 2 E. The application was allowed and a patent was issued for the tract November 10, 1841. The application, original certificate and receipt, the abstract, the tract book of the General Land-Office, and the patent, all called for the W. S. E. of said township and range. The records of the county where the land is situated, however, show an entry Oct. 1, 1839, of a duplicate receipt, U. S. Receiver to Lawrason Riggs, for W. S. W. 4, Sec. 29, T. 19 N., R. 2 E.

In the year 1846 this last-described tract of land was sold by the county sheriff for taxes, and again in 1849, by the same officer, for like purposes. In 1850 it was declared forfeited, and again sold. A deed for taxes was issued by the sheriff, February 3, 1853, which said, title in the year 1858 passed to James Bovard.

Bovard paid a valuable consideration for the land, after an examination of the county records, and the tract book at the local land-office, both of which called for the W. of S. W. 1. He has occupied the land continuously, made valuable improvements, and has regularly paid all taxes assessed upon it.

Sometime in the month of February, 1870, the error in the local office tract book and the county record was called to the attention of Mr. Bovard, who thereupon commenced a correspondence with the General Land-Office on the subject. Upon comparing said tract book with the rest of the papers in the case, the mistake upon it was corrected by order of the Commissioner.

Several applications were made during the months of March and