I. MILITARY BOUNTY LANDS. Bounty Lands. 1. Lands granted to soldiers of the war of 1812, and of the Indian wars, and to officers of the Mexican war, their widows and children. What proportion of lands each to be entitled to. Deserters excepted. 2. Period of captivity to be estimated in time of service. 3. Land warrants to be issued from the department of the interior. May be located on any lands subject to private entry. Widows to have the benefits of this provision. Not to be located on settled lands. 4. Rights to bounty lands not to be assignable, &c. Nor to be liable for debts. Members of congress excepted from the act. Lands to be located free of expense. No patent to issue on previous warrant of attorney or agreement. 5. Extended to state troops that have been paid by the United States. 6. How time of service to be computed. 7. Bounty land laws extended to the soldiers, &c., of all the wars since 1790. Deserters, &c., excepted. Wagon masters and teamsters to be included. 24. Allowance to be made for time of marching to and from place of muster. II. SOLDIERS OF THE MEXICAN WAR. 25. Soldiers enlisting for the Mexican war to be entitled to bounty lands. Where located. In whose favor certificate to issue on death of soldier. When guardians to have power to sell. Not to be assignable. Or liable for debts. Not to be laid on pre-emp tion rights. Treasury scrip may be received in lieu of warrant. Interest. Service of less than twelve months provided for. 9 Stat. 520. soldiers of the of the Indian wars, and to offi cers of the Mexi can war, their widows and children. 26. Scrip to issue on certificate of secretary of war. Interest, when to commence, and when payable. When transferable. How authenticated. 27. Extended to the regiment of dragoons. 28. Discharge founded on surgeon's certificate to be sufficient evidence. 29. Who deemed relatives. 30. Benefits not to be forfeited by promotion. If subsequent to organization. 31. Extended to the ordnance department. 32. Pre-emption claimants upon the Miami lands, may apply their warrants in payment. 33. Extended to marines, and artificers and laborers in the ordnance. 34. Assignees to be entitled to dividends and interest on war bounty scrip. 35. Extended to cases of prior redemption. III. VIRGINIA LAND WARRANTS. 36. Outstanding military land warrants may be surrendered, and land scrip issued therefor. To be assignable. Provision for joint claimants, and for infants and married women. 37. Virginia to relinquish all claim to the military land district. IV. GENERAL PROVISIONS. 38. Claims not to be assignable. Nor liable to execution. 39. When patents to issue on lost warrants. 40. Defective certificate, or loss of certificate or discharge, not to prevent issuing of warrant. 41. How patents to issue in favor of heirs. Effect thereof. 42. Where military land warrants may be located. 43. Restricted to lands then in the market, and subject to private entry. 44. Land warrants and locations to be assignable. To be rem ceived in payment for pre-emption rights. How located. When located on lands of greater price than $1.25, difference to be paid. 45. Assignees to pay fees of registers and receivers. 46. Lands unfit for cultivation may be surrendered and relo cated. Proof. 47. Erroneous location by actual settler may be corrected. 48. Certain acts extended to such cases. 49. Time for satisfying claims for bounty lands extended. 50. Effect of subsequent marriage on rights of widows. 51. Clerk to sign warrants. I. MILITARY BOUNTY LANDS. 28 Sept. 1850 % 1. 1. Each of the surviving, or the widow or minor children (a) of deceased commissioned and non-commissioned officers, musicians or privates, whether of regulars, volunteers, Lands granted to rangers, or militia, who performed military service in any regiment, company or detachwar of 1812, and ment, in the service of the United States, in the war with Great Britain, declared by the United States, on the 18th day of June 1812, or in any of the Indian wars (b) since 1790, and each of the commissioned officers (c) who was engaged in the military service of the United States in the late war with Mexico, shall be entitled to lands as follows: (d) Those who engaged to serve twelve months or during the war, and actually served nine months, shall receive one hundred and sixty acres, and those who engaged to serve six months, What proportion and actually served four months, shall receive eighty acres, and those who engaged to serve for any or an indefinite period, and actually served one month, shall receive forty acres: Provided, That wherever any officer or soldier was honorably discharged in consequence of disability in the service, before the expiration of his period of service, he shall receive the amount to which he would have been entitled if he had served the full period for which he had engaged to serve: Provided, The person so having been in service shall not receive said land, or any part thereof, if it shall appear, by the muster rolls of his regiment or corps, that he deserted, or was dishonorably discharged from service, or if he has received, or is entitled to, any military land bounty under any act of Congress heretofore passed. of lands each to be entitled to. Deserters excepted. Ibid. 2. Period of captivi 2. The period during which any officer or soldier may have remained in captivity with the enemy (e) shall be estimated and added to the period of his actual service, and the ty to be estimated person so detained in captivity shall receive land under the provisions of this act in the same manner that he would be entitled in case he had entered the service for the whole term made up by the addition of the time of his captivity, and had served during such time. in time of service. (a) The guardian of minor children should be appointed in the county and state where they reside. Mayo & Moulton's Pension and Bounty Land Laws, 584. (b) Soldiers engaged in the Creek war, from 5 May to 30 September 1836, are entitled to bounty land under this set. Mayo & Moulton's Pension and Bounty Land Laws, 588. But not the volunteers engaged in removing Indians from North Carolina in 1838 or 1839. Thid. 589. Marines who served in any of the wars (e) A soldier on parole is still in captivity. Mayo & Moulton's Pension and Bounty Land Laws, 581. the department on any lands sub 3. Each commissioned and non-commissioned officer, musician or private, for whom 28 Sept. 1850 2 3. provision is made by the first section hereof, shall receive a certificate or warrant from Land warrants to the department of the interior for the quantity of land to which he may be entitled, be issued from and which may be located by the warrantee or his heirs at law, (a) at any land office of of the interior. the United States, in one body and in conformity to the legal subdivisions of the public lands, upon any of the public lands in such district then subject to private entry; (b) and May be located upon the return of such certificate or warrant, with evidence of the location thereof having jeet to private been legally made to the general land office, a patent shall be issued therefor. In the entry. event of the death of any commissioned or non-commissioned officer, musician or private, prior or subsequent to the passage of this act, who shall have served as aforesaid, and who shall not have received bounty land for said services, a like certificate or warrant shall be Widow to have issued in favor, and inure to the benefit of his widow, who shall receive one hundred and the benefit of this provision. sixty acres of land in case her husband was killed in battle, but not to her heirs, Provided, She is unmarried at the date of her application. (c) Provided further, That no land Not to be located warrant issued under the provisions of this act shall be laid upon any land of the on settled lands. United States to which there shall be a pre-emption right, or upon which there shall be an actual settlement and cultivation, except with the consent of such settler, to be satisfactorily proven to the proper land officer. Ibid. 24. for debts. gress excepted 4. All sales, mortgages, letters of attorney, or other instruments of writing, going to affect the title or claim to any warrant or certificate issued, (d) or to be issued, or any Rights to bounty land granted, or to be granted, under the provisions of this act, made or executed prior lands not to be assignable, &c. to the issue, shall be null and void to all intents and purposes whatsoever; nor shall such certificate or 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 such officer or soldier, Nor to be liable prior to the issuing of the patent: [Provided, (e) That the benefits of this act shall not accrue to any person who is a member of the present congress.] Provided further, That Members of conit shall be the duty of the commissioner of the general land office, under such regulations from the act. as may be prescribed by the secretary of the interior, to cause to be located, free of expense, (g) any warrant which the holder may transmit to the general land office for that Lands to be purpose in such state and land district as the said holder or warrantee may designate, expense. 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 as aforesaid, the secretary shall cause a patent to be transmitted to such warrantee: And provided further, That no patent issued No patent to issue on a previ under this act shall be delivered up on any power of attorney or agreement dated before ous warrant of the passage of this act, and that all such powers of attorney or agreements be considered attorney or agree. and treated as null and void. located free of ment. 10 Stat. 4. troops that have 5. In all cases where the militia or volunteers, or state troops of any state or territory 22 March 1852 § 4. were called into military service, and whose services have been paid by the United States subsequent to the 18th June 1812, the officers and soldiers of such militia, volunteers or Extended to state troops (h) shall be entitled to all the benefits of the act entitled "An act granting bounty been paid by the land to certain officers and soldiers who have been engaged in the military service of the United States. United States," approved September 28th 1850, (i) and shall receive lands for their services according to the provisions of said act, upon proof of length of service as therein required, and that the last proviso of the 9th section of the act of the 11th of February 1847, be, and the same is hereby, repealed:(k) Provided, That nothing herein contained shall authorize bounty land to those who have heretofore received or become entitled to the same. Ibid. 25. service to be com. 6. Where any company, battalion or regiment, in an organized form, marched more than twenty miles to the place where they were mustered into the service of the United How time of States, or were discharged more than twenty miles from the place where such company, survice battalion or regiment was organized; in all such cases, in computing the length of service of the officers and soldiers of any such company, battalion or regiment, with a view to determine the quantity of land any officer or soldier is entitled to under said act approved 28th September 1850, there shall be allowed one day for every twenty miles from the place where the company, battalion or regiment was organized, to the place where the same was mustered into the service of the United States; and also one day for every twenty miles from the place where such company, battalion or regiment was discharged to the place where it was organized, and from whence it marched to enter the service. (a) A bounty land warrant issued after the death of the soldier becomes void and should be cancelled; and the widow or minor children are entitled to make a new application; if there be none, the grant lapses to the country. Mayo & Moulton's Pension and Bounty Land Laws, 596. (b) See infra, 42-3. (c) See infra, 50. Under this act it was held that the widow, if living and unmarried, was entitled to the bounty land; but if married, or dead, then the minor children. Mayo & Moulton's Pension and Bounty Land Laws, 584. (d) Land warrants are made assignable by act 22 March 1852; infra, 44. (e) This proviso is repealed by act 4 August 1854. 10 Stat. 575. (g) But see infra, 45. (h) See infra, 8, as to widows. (i) Supra, 1. (k) See infra, 25. 3 March 1855 1. extended to the 1790. Deserters, &c., excepted. 7. Each of the surviving commissioned and non-commissioned officers, musicians and 10 Stat. 701. privates, whether of regulars, volunteers, rangers or militia, who were regularly mustered Bounty land laws into the service of the United States, (a) and every officer, commissioned and non-comsoldiers, &c., of missioned, seaman, ordinary seaman, flotilla-man, marine, clerk and landsman, in the all the wars since navy, in any of the wars in which this country has been engaged (b) since 1790, and each of the survivors of the militia or volunteers, or state troops of any state or territory, called into military service and regularly mustered therein, and whose services have been paid by the United States, (c) shall be entitled to receive a certificate or warrant from the department of the interior for one hundred and sixty acres of land; and where any of those who have so been mustered into service and paid shall have received a certificate or warrant, he shall be entitled to a certificate or warrant for such quantity of land as will make, in the whole, with what he may have heretofore received, one hundred and sixty acres to each such person having served as aforesaid: Provided, The person so having been in service shall not receive said land warrant if it shall appear by the muster rolls of his regiment or corps that he deserted or was dishonorably discharged Wagon masters from service: Provided further, That the benefits of this section shall be held to extend to wagon masters and teamsters who may have been employed, under direction of competent authority in time of war, in the transportation of military stores and supplies. 8. In case of the death of any person who, if living, would be entitled to a certificate or warrant as aforesaid under this act, leaving a widow, or, if no widow, a minor child or children, such widow, or, if no widow, such minor child or children, shall be entitled to receive a certificate or warrant for the same quantity of land that such deceased person would be entitled to receive under the provisions of this act, if now living: Provided, That a subsequent marriage shall not impair the right of any such widow to such warrant if she be a widow at the time of making her application: And provided further, That those shall be considered minors who are so at the time this act shall take effect. 9. In no case shall any such certificate or warrant be issued for any service less than fourteen days, except where the person shall actually have been engaged in battle, [and unless the party claiming such certificate or warrant shall establish his or her right thereto by record evidence of said service.](d) and teamsters to be included. Ibid. 2. Widows and children. Minors. Ibid. 3. Length of service. Ibid. 24. Warrants, &c., to be assignable. Ibid. 25. Where to be located. Ibid. 26. Fees of officers. Ibid. 27. Extended to Ibid. 28. Ibid. 29. Certain volunteers. Ibid. 10. Ibid. 11. 14 May 1856 11 Stat. 8. 1. 10. Said certificates or warrants may be assigned, transferred and located by the warrantees, their assignees, or their heirs-at-law, according to the provisions of existing laws regulating the assignment, transfer and location of bounty land warrants. 11. No warrant issued under the provisions of this act shall be located on any public lands, except such as shall at the time be subject to sale at either the minimum or lower graduated prices. 12. The registers and receivers of the several land offices shall be severally authorized to charge, and receive for their services, in locating all warrants under the provisions of this act, the same compensation or per-centage to which they are entitled by law, for sales of the public lands, for cash, at the rate of one dollar and twenty-five cents per acre; the said compensation to be paid by the assignees or holders of such warrants. 13. The provisions of this act, and all the bounty-land laws heretofore passed by congress, shall be extended to Indians, in the same manner, and to the same extent, as if the said Indians had been white men. 14. The officers and soldiers of the revolutionary war, or their widows or minor children, shall be entitled to the benefits of this act.(e) 15. The benefits of this act shall be applied to and embrace those who served as volunteers at the invasion of Plattsburg, in September 1814, also at the battle of King's Mountain, in the revolutionary war, and the battle of Nickojock, against the confederated savages of the south. 16. The provisions of this act shall apply to the chaplains who served with the army, in the several wars of the country. 17. The provisions of this act be applied to those who served as volunteers at the attack on Lewistown, in Delaware, by the British fleet, in the war of 1812-15. 18. In all cases where a certificate or warrant for bounty land for any less quantity than one hundred and sixty acres, shall have been issued to any officer or soldier, or to Evidence on file the widow or minor child or children of any officer or soldier, under existing laws, the evidence upon which such certificate or warrant was issued shall be received to establish the service of such officer or soldier in the application of himself, or of his widow or to authorize issuing of warrants. (a) See infra, 22. (b) It has been decided by the secretary of the department of the interior to be sufficient that the parties were engaged in what was a war in fact, in which life was imminently imperilled; and therefore the soldiers of the regular army who were engaged in what was termed the " Apachi war," and other like Indian wars, are entitled to bounty lands. Opinion of Secretary McClelland, 28 October 1856. (c) This act embraces not only militia or volunteers whose mi litary services were performed under the general command of the United States, and in time of war, but also such as rendered military service, whether in war or not, and whether under the immediate authority of the United States, or of a state or territory; but who shall have been paid for such service by the United States. 7 Opin. 606. (d) See infra, 20. minor child or children, for a certificate of warrant for so much land as may be required 14 May 1955. to make up the full sum of one hundred and sixty acres, on proof of the identity of such officer or soldier, or in case of his death, of the marriage and identity of his widow, or in case of her death, of the identity of his minor child or children: Provided nevertheless, That, if upon a review of such evidence, the commissioner of pensions shall not be satisfied that the former certificate or warrant was properly granted, he may require additional evidence, as well of the term as of the fact of service. 19. In all cases where a pension has been granted to any officer or soldier, the evidence Ibid. 2. upon which such pension was granted shall be received to establish the service of such Evidence on officer or soldier in his application for bounty land under existing laws; and which pension upon proof has been grante of his identity as such pensioner, a certificate or warrant may be issued to him for the quantity of land to which he shall be entitled; and in case of the death of such pensioned officer or soldier, his widow shall be entitled to a certificate or 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 or children and no widow, or where the widow may have deceased before the issuing of any certificate or warrant, such minor child or children shall be entitled to a certificate or 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: Provided nevertheless, That if, upon a review of such evidence, the commissioner of pensions shall not be satisfied that the pension was properly granted, he may require additional evidence, as well of the term as of the fact of service. Ibid. 23. received. 20. That so much of the third section of the "Act in addition to certain acts granting bounty land to certain officers and soldiers who have been engaged in the military service Parol evidence of of the United States," approved March 3d 1855, as requires the party claiming a certifi- service may be cate or warrant, under the provisions of said act, to establish his or her right thereto, by record evidence of the service for which such certificate or warrant has been or may be claimed, be, and the same is hereby, repealed; and parol evidence, where no record evidence exists, may be admitted to prove the service performed, under such rules and regulations as the commissioner of pensions may prescribe. naval officers, seamen and 21. The eighth section of the act above mentioned, approved the 3d day of March, in Ibid. 24. the year 1855, shall be construed as embracing officers, marines, seamen and other Revolutionary persons engaged in the naval service of the United States during the revolutionary war, and the widows and minor children of all such officers, marines, seamen and other marines, &c. persons engaged as aforesaid. 22. The provisions of the said act shall extend to all persons who have served as vol- Ibid. 25. unteers with the armed forces of the United States, subject to military orders, for the Volunteers not space of fourteen days, in any of the wars specified in the first section of the said act mustered into whether such persons were or were not mustered into the service of the United States. (a) service. Ibid. 26. 23. The widows and minor children of all such persons as are specified in the last preceding section of this act, and are now dead, shall be entitled to the same privileges as Widows and the widows and minor children of the beneficiaries named in the act to which this is an amendment. children. made for time of muster. 24. When any company, battalion or regiment, in an organized form, marched more Ibid. 7. than twenty miles to the place where they were mustered into the service of the United Allowance to be States, or were discharged more than twenty miles from the place where such company, marching to aud battalion or regiment was organized, in all such cases, in computing the length of service from place of of the officers and soldiers of any such company, battalion or regiment, there shall be allowed one day for every twenty miles from the place where the company, battalion or regiment was organized to the place where the same was mustered into the service of the United States, and also one day for every twenty miles from the place where such company, battalion or regiment was discharged, to the place where it was organized, and from whence it marched to enter the service: Provided, That such march was in obedience to the command or direction of the president of the United States, or 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. II. SOLDIERS OF THE MEXICAN WAR.(b) 9 Stat. 125. 25. Each non-commissioned officer, musician or private, enlisted or to be enlisted in 11 Feb. 1847 9. the regular army, or regularly mustered (c) in any volunteer company for a period of not (a) And extended to Major David Bailey's battalion of volunteers, stationed at Fort Dearhorn, in the Black Hawk war of 1832, by act 3 March 1857. 11 Stat. 249. (b) There is an essential difference between the act of 11th February 1847, and that of 28 September 1850: the bounty granted by the former was an inducement held out for the purpose of increasing the rank and file of the army, and partook of the nature of the consideration of a contract; whilst the latter is a mere gratuity or donation. Mayo & Moulton's Pension and Bounty Land Laws, 584. (e) Sickness or other unavoidable cause preventing a soldier from being mustered into the service will not invalidate his claim war to be entitled to bounty land. Where located. In whose favor certificate to of 11 Feb. 1847. less than twelve months, who has served (a) or may serve during the present war with Boldiers enlisting Mexico, (b) and who shall receive an honorable (c) discharge, or who shall have been for the Mexican killed, or died of wounds received or sickness incurred in the course of such service, (d) or who shall have been discharged (e) before the expiration of his term of service in consequence of wounds received or sickness incurred in the course of such service,(g) shall be entitled to receive a certificate or warrant (h) from the war department for the quantity of one hundred and sixty acres, and which may be located by the warrantee, or his heirs-at-law(i) at any land office of the United States, in one body, and in conformity to the legal subdivisions of the public lands, upon any of the public lands in such district then subject to private entry ;(k) and upon the return of such certificate or warrant, with evidence of the location thereof having been legally made, to the general land office, a patent shall be issued therefor. That in the event of the death of any such non-commissioned officer, musician or private, during service, or after his discharge, and before the issuing of a certificate or warrant as aforesaid, the said certificate or warrant shall be issued in favor, and inure to the benefit of his family or relatives, (1) according to the following rules: first, to the widow and to his children; second, his father; third, his When guardians mother. And in the event of his children being minors, then the legally constituted to have power to sell. guardian of such minor children shall, in conjunction with such of the children, if any, as may be of full age, upon being duly authorized by the orphans' or other court having probate jurisdiction, have power to sell and dispose of such certificate or warrant for the Not to be assign- benefit of those interested. And all sales, mortgages, powers or other instruments of writing, going to affect the title or claim to any such bounty right, made or executed prior to the issue of such warrant or certificate, shall be null and void to all intents and purposes whatsoever, nor shall such claim to bounty right be in any wise affected by or charged with, or subject to, the payment of any debt or claim incurred by the soldier prior to the Not to be laid on issuing of such certificate or warrant: Provided, That no land warrant issued under the soldier. able. Or laule for debts pre-emption rights. Treasury scrip may be received in lieu of warrant. Interest. provisions of this act shall be laid upon any lands of the United States to which there shall be a pre-emption right, or upon which there shall be an actual settlement and cultivation: Provided further, That every such non-commissioned officer, musician and private, who may be entitled, under the provisions of this act, to receive a certificate or warrant for one hundred and sixty acres of land, shall be allowed the option (m) to receive such certificate or warrant, or a treasury scrip for one hundred dollars; and such scrip, whenever it is preferred, shall be issued by the secretary of the treasury to such person or persons as would be authorized to receive such certificates or warrants for lands; said scrip to bear an interest of six per cent. per annum, payable semi-annually, redeemable at the pleasure of the government. And that each private, non-commissioned officer and Service for less musician, who shall have been received into the service of the United States, since the months provided commencement of the war with Mexico, for less than twelve months, and shall have served for such term or until honorably discharged, shall be entitled to receive a warrant for forty acres of land, which may be subject to private entry, or twenty-five dollars in scrip, if preferred; and in the event of the death of such volunteer during his term of service, or after an honorable discharge, but before the passage of this act, then the warrant for such land or scrip, shall issue to the wife, child, or children, if there be any, and, if none, then to the father, and, if there be no father, then to the mother of such thau twelve for. to bounty land. Mayo & Moulton's Pension and Bounty Land Laws, 576. And although a soldier be not mustered into the service with the rest of his company, if the term of his service be stated when he is finally mustered out, and discharged, this will be conclusive. Ibid. 564. So one who was regularly mustered into the service, but honorably discharged, before marching to the seat of war, or performing any warlike duty, is entitled to his bounty land. 5 Opin. 617. (a) A soldier on furlongh is considered to be "in the service;" and his title to bounty land is not to be diminished by deducting the term of his furlough. Mayo & Moulton's Pension and Bounty Land Laws, 597. (5) The war with Mexico commenced on the 24 April 1846, the date of General Arista's letter to General Taylor, making that declaration. Mayo & Moulton's Pension and Bounty Land Laws, 575 (c) An enlistment under chronic disease is fraudulent, and nvalidates a claim to bounty land or pension. Mayo & Moulton's Pension and Bounty Land Laws, 558. (d) A soldier is always in the line of his duty, except under arrest, in confinement, on furlough or absent without leave. Mayo & Moulton's Pension and Bounty Land Laws, 557. Death arising from intemperance, which is a violation of military law, is not a case of death occurring in the line of duty. Ibid. 582. (e) The death of a soldier, after having fulfilled his engagement, but before receiving his discharge, does not invalidate his claim to bounty land under this act. Mayo & Moulton's Pension and Bounty Land Laws, 566. Nor does a discharge before the expira tion of the term of service, by reason of having been promoted to the rank of a commissioned officer. Ibid. 571. And see infra, 30. (g) Soldiers who enlisted during the war with Mexico for twelve months, but who, without being wounded or sick. were honorably discharged by Gen. Taylor, are not entitled to bounty lands under this act. 4 Opin. 718. The act embraces those of the regular army enlisted for twelve months or for a longer period; volunteers regularly mustered into a volunteer company, who served during the war, and have been honorably discharged; those killed, or who died of wounds received, or by sickness incurred in the course of their service; and those who were discharged before the expiration of their term of service, in consequence of wounds received or sickness incurred in the course of their service. 5 Opin. 147. See Mayo & Moulton's Pension and Bounty Land Laws. 567. (h) The commissioner of pensions cannot lawfully issue more than one warrant on a soldier's claim for bounty land. 5 Opin. 387. It had. however, been previously held, by the commissioner of pensions, that a bounty land warrant fraudulently obtained, does not invalidate the rightful claim. Mayo & Moulton's Pension and Bounty Land Laws, 558, 570. (i) Seo act 17 May 1848, prescribing the fees to be paid to regis ters and receivers in carrying out the provisions of this act, where the warrant is located, by and for the use of another than the soldier to whom it was issued, to wit, 50 cents for a warrant of 160 acres, and 25 cents for one of 40 acres. 9 Stat. 231. (k) They can only be located on public lands which are subject to sale at the minimum price. 4 Opin. 714. See infra, 32. A regulation requiring the holder of warrants to make affidavit that there is no settlement on the land intended to be located, is inconsistent with this act, and void. 5 Opin. 609. (1) A right to bounty land for which a warrant has not issued, is not devisable by will. 5 Opin. 237. (m) The act gives to the soldier but one election, and having elected to take scrip instead of land, he cannot afterwards be permitted to surrender and take a warrant for the lands instead. 4 Opin. 642. |