some general officer of the United States, commanding an army or department, or the chief executive officer of the State or Territory by which such company, battalion, or regiment was called into service.

10 Stat. 4; 11 id. 9; R. S. 2433.

cluded.

SEC. 323. The provisions of all the bounty-land laws shall Indians in. be extended to Indians, in the same manner and to the same extent as to white persons.

10 Stat. 702; R. S. 2434. 2 Op. Att. Gen. 501; 3 id. 382. Cir. G. L. O., May 3, 1855 (1 Lester's L. L. 598). Cir. Com. Pensions, 1879.

Former evi dence of right to a pension to be

tain cases on ap

SEC. 324. Where a pension has been granted to any officer or soldier, the evidence upon which such pension was granted shall be received to establish the service of such received in cerofficer or soldier in his application for bounty land; and plication for upon proof of his identity as such pensioner, a warrant may bounty land. be issued to him for the quantity of land to which he is entitled; and in case of the death of such pensioned officer or soldier, his widow shall be entitled to a warrant for the same quantity of land to which her husband would have been entitled, if living, upon proof that she is such widow; and in case of the death of such officer or soldier, leaving a minor child and no widow, or where the widow may have deceased before the issuing of any warrant, such minor child shall be entitled to a warrant for the same quantity of land as the father would have been entitled to receive if living, upon proof of the decease of father and mother. But if, upon a review of such evidence, the Commissioner of Pensions is not satisfied that the pension was properly granted, he may require additional evidence, as well of the term as of the fact of service.

11 Stat. 8; R. S. 2435.

entitled to bounty

SEC. 325. No person who has been in the military service Deserters not of the United States shall, in any case, receive a bounty- land. land warrant if it appears by the muster rolls of his regiment or corps that he deserted or was dishonorably discharged from service.

provisions for.

omissions and

9 Stat. 520; 10 id. 701; R. S. 2438. Cir. Com. Pensions, 1879. SEC. 326. When a soldier of the Regular Army, who has Lost warrants, obtained a military land-warrant, loses the same, or such warrant is destroyed by accident, he shall, upon proof thereof to the satisfaction of the Secretary of the Interior, be entitled to a patent in like manner as if the warrant was produced. 3 Stat. 317; R. S. 2439. 2 Op. Att. Gen. 503; 3 id. 382. SEC. 327. In all cases of discharge from the military serv- Discharges; ice of the United States of any soldier of the Regular Army, loss of, provided when it appears to the satisfaction of the Secretary of War for. that a certificate of faithful services has been omitted by the neglect of the discharging officer, by misconstruction of the law, or by any other neglect or casualty, such omission shall not prevent the issuing of the warrant and patent as in other And when it is proved that any soldier of the Regular Army has lost his discharge and certificate of faithful service, the Secretary of War shall cause such papers to be

cases.

New warrant issued in lieu of lost warrant.

Regulations by

furnished such soldier as will entitle him to his land warrant and patent, provided such measure is justified by the time of his enlistment, the period of service, and the report of some officer of the corps to which he was attached.

3 Stat. 317; R. S. 2440.

SEC. 328. Whenever it appears that any certificate or warrant, issued in pursuance of any law granting bounty land, has been lost or destroyed, whether the same has been sold and assigned by the warrantee or not, the Secretary of the Interior is required to cause a new certificate or warrant of like tenor to be issued in lieu thereof; which new certificate or warrant may be assigned, located, and patented in like manner as other certificates or warrants for bounty land are now authorized by law to be assigned, located, and patented; and in all cases where warrants have been, or may be, reissued, the original warrant, in whose ever hands it may be, shall be deemed and held to be null and void, and the assignment thereof, if any there be, fraudulent; and no patent shall ever issue for any land located therewith, unless such presumption of fraud in the assignment be removed by due proof that the same was executed by the warrantee in good faith and for a valuable consideration.

12 Stat. 90; 18 id. 111; R. S. 2441. 2 Op. Att. Gen. 506; 3 id. 382. Decisions Sec. Int., Nov. 10, 1851 (1 Lester's L. L. 612); July 26, 1879 (6 Copp's L. O. 114). Decision Com. G. L. O., Oct. 12, 1854 (1 Lester's L L. 610). Cir. G. L. O., July 20, 1875 (Copp's L. L. 727). Cir. Com. Pensions, Aug. 15, 1860 (Zab. L. L. 727) and 1879. SEC. 329. The Secretary of the Interior is required to preSecretary of Inscribe such regulations for carrying the preceding section into effect as he may deem necessary and proper in order to protect the Government against imposition and fraud by persons claiming the benefit thereof; and all laws and parts of laws for the punishment of frauds against the United States are made applicable to frauds under that section.

Death of claimant after establishing right and

'warrant.

12 Stat. 91; 18 id. 111; R. S. 2442. Cir. Com. Pensions, Aug. 15, 1860 (Zab. L. L. 360).

SEC. 330. When proof has been or hereafter is filed in the Pension Office, during the life-time of a claimant, establishbefore issuing of ing, to the satisfaction of that office, his right to a warrant for military services, and such warrant has not been, or may not be, issued until after the death of the claimant, and all such warrants as have been heretofore issued subsequent to the death of the claimant, the title to such warrants shall vest in his widow, if there be one, and if there be no widow, then in the heirs or legatees of the claimant; and all military bounty-land warrants issued pursuant to law shall be treated as personal chattels, and may be conveyed by assignment of such widow, heirs, or legatees, or by the legal representatives of the deceased claimant, for the use of such heirs or legatees only.

When proofs

11 Stat. 308; R. S. 2444. 2 Op. Att. Gen. 506; 9 id. 243. Cir. G. L. O., Nov. 1, 1858 (1 Lester's L. L. 607). Cir. Com. Pensions, 1879. SEC. 331. The legal representatives of a deceased claimant may be filed by for a bounty-land warrant, whose claim was filed prior to his death, may file the proofs necessary to perfect such claim. 15 Stat. 336; R. S. 2445.

legal representatives.

and locations as

SEC. 332. All warrants for military bounty-lands which Military bounty. have been or may hereafter be issued under any law of the land warrants United States, and all valid locations of the same which signable. have been or may hereafter be made, are declared to be assignable by deed or instrument of writing, made and executed according to such form and pursuant to such regulations as may be prescribed by the Commissioner of the General Land Office, so as to vest the assignee with all the rights of the original owner of the warrant or location.

10 Stat. 3; 11 id. 309; R. S. 2414. 2 Op. Att. Gen. 506; 3 id. 382; 7 id. 657. Dyke v. McVey, 16 Ills. 41; Fort v. Wilson, 3 Iowa, 153; Waters . Bush, 42 id. 255; Railway Co. v. Clingman, 43 id. 306; Merrill v. Hartwell, 11 Mich. 200; Johnson v. Gilfillan, 8 Minn. 395. Decisions Sec. Int., Nov. 10, 1851 (1 Lester's L. L. 612); March 20, 1852 (1 id. 612); March 16, 1854 (1 id 614); May 21, 1856 (1 id. 616); Aug. 10, 1858 (1 id. 619); March 25, 1859 (1 id. 620); Jan. 19, 1860 (1 id. 621); Sept. 30, 1878 (5 Copp's L. O. 127). Cir. G. L. O., March 23, 1852 (1 Lester's L. L. 585); April 2, 1852 (1 id. 589); Oct. 14, 1852 (1 id. 591); Oct. 17, 1853 (Zab. L. L. 332); May 3, 1855 (1 id. 343); Aug. 27, 1861 (1 id. 363); May 23, 1856 (1 id. 358); July 20, 1875 (5 Copp's L. O. 127).

cated on double

cash.

SEC. 333. The warrants which have been or may hereaf Warrants loter be issued in pursuance of law may be located according minimum lands, to the legal subdivisions of the public lands in one body excess paid in upon any lands of the United States subject to private entry at the time of such location at the minimum price. When such warrant is located on lands which are subject to entry at a greater minimum than one dollar and twenty-five cents per acre, the locator shall pay to the United States in cash the difference between the value of such warrants at one dollar and twenty-five cents per acre and the tract of land located on. But where such tract is rated at one dollar and twenty-five cents per acre, and does not exceed the area specified in the warrant, it must be taken in full satisfaction thereof.

virtue of certain

10 Stat. 3; R. S. 2415. Taylor et al. v. Quarles, 5 Cranch, 234; Wirth v. Branson, 8 Otto, 118. 5 Op. Att. Gen. 609. Butterfield v. Railway Co., 31 Cal. 264. Decisions Sec. Int., Nov. 10, 1851 (1 Lester's L. L. 612); May 20, 1852 (1 id. 612); March 19, 1856 (1 id. 615); Jan. 21, 1860 (1 id. 622); Jan. 20, 1875 (Copp's L L. 727); Feb. 19, 1874 (1 id. 740); March 11, 1876 (3 Copp's L. O. 10); Aug. 11, 1876 (1 id. 86); Oct. 5, 1876 (1 id. 121). Decisions Com. G. L. O., March 23, 1852 (1 Lester's L. L. 585); April 2, 1852 (1 id. 589); Oct. 17, 1853 (1 id. 592); May 3, 1855 (1 id. 598); May 23, 1856 (1 id. 607). Decisions Com. G. L. O., June 17, 1875 (Copp's L. L. 179; 2 Copp's L. 0.68). Cir. G. L. O., Sept. 1, 1879, pp. 6, 7; Aug. 2, 1871. SEC. 334. In all cases of warrants for bounty lands, issued Claims for by virtue of an act approved July twenty-seven, one thou- bounty lands in sand eight hundred and forty-two, and of two acts approved acts named, &c. January twenty-seven, one thousand eight hundred and thirty-five, therein and thereby revised, and of two acts to the same intent, respectively, approved June twenty-six, eighteen hundred and forty-eight, and February eight, eighteen hundred and fifty-four, for military services in the revolutionary war, or in the war of eighteen hundred and twelve with Great Britain, which remained unsatisfied on the second day of July, eighteen hundred and sixty-four, it is lawful for the person in whose name such warrant issued, his heirs or legal representatives, to enter in quarter-sections, at the

Same subject.

Sales, mort.

attorney, &c.,

of warrant to be void.

proper local land office in any of the States or Territories, the quantity of the public lands subject to private entry which he is entitled to under such warrant.

13 Stat. 378; R. S. 2416. Wirth v. Branson, 8 Otto, 118.

SEC. 335. All warrants for bounty lands referred to in the preceding section may be located at any time, in conformity with the general laws in force at the time of such location.

13 Stat. 379; R. S. 2417.

SEC. 336. All sales, mortgages, letters of attorney, or other gages, letters of instruments of writing, going to affect the title or claim to made before issue any warrant issued, or to be issued, or any land granted, or to be granted, under the preceding provisions of this chapter, made or executed prior to the issue of such warrant, shall be null and void to all intents and purposes whatsoever; nor shall such warrant, or the land obtained thereby, be in any wise affected by, or charged with, or subject to, the payment of any debt or claim incurred by any officer or soldier, prior to the issuing of the patent.

Warrants to be

located free of exmissioner of Land

pense by ComOffice, &c.

Mode of issuing

lands.

9 Stat. 521; R. S. 2436. Wright v. Taylor, 2 Dillon, C. C. 23. 2 Op. Att. Gen. 506; 3 id. 382. Dupré v. McRight, 6 La. Ann. 146; Nichols v. Nichols, 3 Pinnev (Wis.) 174; same case, 3 Chandler (Wis.) 189; Stephenson v. Wilson, 37 id. 482; Fort v. Wilson, 3 Iowa 153; Railway Co. v. Clingman, 43 id. 306. Decisions Sec. Int., April 17, 1871 (1 Lester's L. L. 611). Cir. G. L. O., Aug. 2, 1871; July 20, 1875 (Copp's L. L. 727).

SEC. 337. It shall be the duty of the Commissioner of the General Land Office, under such regulations as may be preScribed by the Secretary of the Interior, to cause to be located, free of expense, any warrant which the holder may transmit to the General Land Office for that purpose, in such State or land district as the holder or warrantee may designate, and upon good farming land, so far as the same can be ascertained from the maps, plats, and field-notes of the surveyor, or from any other information in the possession of the local office, and, upon the location being made, the Secretary shall cause a patent to be transmitted to such warrantee or holder.

9 Stat. 521; R. S. 2437. Wirth v. Branson, 8 Otto, 118. 2 Op. Att. Gen. 501. Decisions Sec Int., Feb. 19, 1858 (1 Lester's L. L. 617); March 1, 1876 (3 Copp's L. O. 10). Decision Com. G. L. O., July 20, 1875 (Copp's L. L. 727). Cir. G. L. O., March 31, 1851 (1 Lester's L. L. 581, 583); April 4, 1851 (1 id. 584).

SEC. 338. In all cases where an officer or soldier of the patents to the revolutionary war, or a soldier of the war of eighteen hunheirs of persons entitled to bounty dred and twelve, was entitled to bounty land, has died before obtaining a patent for the land, and where application is made by a part only of the heirs of such deceased officer or soldier for such bounty land, it shall be the duty of the Secretary of the Interior to issue the patent in the name of the heirs of such deceased officer or soldier, without specifying each; and the patent so issued in the name of the heirs generally, shall inure to the benefit of the whole, in such portions as they are severally entitled to by the laws of descent in the State or Territory where the officer or soldier belonged at the time of his death.

5 Stat. 650; R. S. 2443.

SEC. 339. Where an actual settler on the public lands has Relocation of military bountysought, or hereafter attempts, to locate the land settled on land warrants in and improved by him, with a military bounty-land warrant, cases of error. and where, from any cause, an error has occurred in making such location, he is authorized to relinquish the land so erroneously located, and to locate such warrant upon the land so settled upon and improved by him, if the same then be vacant, and if not, upon any other vacant land, on making proof of those facts to the satisfaction of the land officers, according to such rules and regulations as may be prescribed by the Commissioner of the General Land Office, and subject to his final adjudication.

issuance of Sioux

10 Stat. 256; R. S. 2446. U. S. v. Innerarity, 19 Wall. 595; Wirth v. Branson, 8 Otto, 118; Scull v. U. S., 8 id. 410; U. S. v. Clamorgan, Danterive v. U. S., S. C., Oct. T. 1879, in manuscript. 2 Op. Att. Gen. 501. Cir. G. L. O., April 20, 1853 (1 Lester's L. L. 590). SEC. 340. The President is authorized to exchange with Authorizing the the half-breeds or mixed bloods of the Dacotah or Sioux na-half-breed scrip. tion of Indians, who are entitled to an interest therein, for the tract of land lying on the west side of Lake Pepin and the Mississippi River, Minnesota, which was set apart and granted for their use and benefit, by the ninth article of the treaty of Prairie du Chien, of the fifteenth day of July, one thousand eight hundred and thirty; and for that purpose he is authorized to cause to be issued to said persons, on the execution by them, or by the legal representatives of such as may be minors, of a full and complete relinquishment by them to the United States of all their right, title, and interest, according to such form as shall be prescribed by the Commissioner of the General Land Office, in and to said tract of land or reservation, certificates or scrip for the same amount of land to which each individual would be entitled in case of a division of the said grant or reservation pro rata among the claimants-which said certificates or scrip may be located upon any of the lands within said reservation not now occupied by actual and bona-fide settlers of the half-breeds or mixed bloods, or such other persons as have gone into said Territory by authority of law, or upon any other unoccupied lands subject to pre-emption or private sale, or upon any other unsurveyed lands, not reserved by Government, upon which they have respectively made improvements: Provided, That said certificates Proviso. or scrip shall not embrace more than six hundred and forty, nor less than forty acres each: And provided, That the same shall be equally apportioned, as nearly as practicable, among those entitled to an interest in said reservation: And provided further, That no transfer or conveyance of any of said certificates or scrip shall be valid.

10 Stat. 304. 2 Op. Att. Gen. 506; 3 id. 382. Sharon v. Wooldrick, 18 Minn. 354; Thompson v. Myrick, 20 id. 205. Decisions Sec. Int., May 24, 1859 (1 Lester's L. L. 634); July 18, 1859 (1 id. 499); May 25, 1871 (Copp's L. L. 444); Sept. 27, 1872 (Copp's L. L. 373). Cir. G. L. O., March 21, 1857 (1 Lester's L. L. 627); Feb. 22, 1864 (Zab. L. L. 310; Copp's L. L. 721; 1 Copp's L. O. 142); Jan. 29, 1872 (Copp's L. L. 723); June 26, 1874 (Copp's L. L. 724; 1 Copp's L. O. 54); Nov. 12, 1874 (Copp's L. L. 725; 1 Copp's L. O. 141); May 28, 1878 (5 Copp's L. O. 126).

SEC. 341. Where any private land claim was confirmed