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CHAPTER ELEVEN.

BOUNTY-LAND WARRANTS AND SCRIP.

Sec.

| Sec. 307. Bounty lands for soldiers in certain | 332. Military bounty-land warrants and wars.

locations assignable. 308. Certain classes of persons in the Mexi- | 333. Warrants located on double-minimum can war. their widows, &c., en

lands, excess paid in cash. titled to torty acres.

334. Claims for bounty lands in virtue of 309. Militia and volunteers in service since

certain acts named. 1812.

335. Same subject. 310. Persons nos entitled under preceding 336. Sales, mortgages, letters of attorney, sections.

&c., made before issue of warrant, 311. Period of captivity added to actual

to be void. service.

337. Warrants to be located free of expense 312. Warrant and pateut to issue, when.

by Commissioner of Land Office, 313. Widows of persons entitled.

& c. 314. Additional bounty lands, &c.

338. Mode of issuing patents to the heirs 315. Classes under last section specified.

of persons entitled to bounty lands. 316. What Wasses of persons entitled | 339. Relocation of military bounty-land under section 314, without regard

warrants in cases of error. to length of service.

340. Authorizing the issuance of Sioux 317. Widows and children of persons en

half-breed scrip. titled under section 314.

341. Certificates of location or scrip to issue 318. Subsequent marriage of widow.

in satisfaction of confirmed private 319. Minors under section 317.

land claims which cannot be lo320. Proof of service.

cated. 321. Former evidence of right to bounty 342. Issuance and location of judicial scrip land to be received in certain cases.

in lieu of confirmed private land 322. Allowance of time of service for dis

claims. tance from home to place of muster 343. Patent to issue on scrip locations. or discharge.

344. Porterfield scrip, how located. 323. Indians included. .

345. Valentine scrip, how located. 324. Former evidence of right to a pension 346. Coles scrip, how issued and located.

to be received in certain cases on 347. Chippewa half-breed scrip, Red Lake application for bounty land.

and Pembina bands. 325. Deserters not entitled to bounty land. 348. Chippewa half-breed scrip, Lake Su326. Lost warrants, provisions for.

perior bands. 327. Discharges; omissions and loss of, 349. Certain lands located in good faith provided for.

by claims arising under treaty of 328. New warrant issued in lieu of lost Sept. 30, 1854, may be purchased, warrant.

&c. 329. Regulations of Secretary of Interior. 350. Scrip to be issued in lieu of revolu330. Death of claimant after establishing

tionary bounty-land warrants. right, and before issuing of warant. 351. Scrip to be issued in lieu of Virginia 331. When proofs may be filed by legal

bounty-land warrants. representatives.

Bounty lands SEC. 307. Each of the surviving, or the widow or minor forsoldiers in certain wars.

in cer- children of deceased commissioned' and non-commissioned

officers, musicians, or privates, whether of regulars, volunteers, rangers, or militia, who performed military service in any regiment, company, or detachment, in the service of the United States, in the war with Great Britain, declared on the eighteenth day of June, eighteen hundred and twelve, or in any of the Indian wars since seventeen hundred and ninety, and prior to the third of March, eighteen hundred and fifty, and each of the commissioned officers who was

engaged in the military service of the United States in the war with Mexico, shall be entitled to lands as follows: 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, 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; but wherever any officer or soldier was honorably discharged in consequence of disability contracted 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. All the persons enumerated in this section who enlisted in the Regular Army, or were mustered in any volunteer company for a period of not less than twelve months, and who served in the war with Mexico and received an honorable discharge, or who were killed or died of wounds received or sickness incurred in the course of such service, or were discharged before the expiration of the term of service in consequence of wounds received or sickness incurred in the course of such service, shall be entitled to receive a certificate or warrant for one hundred and sixty acres of land : or at option Treasury scrip for one hundred dollars bearing interest at six per cent. per annum, payable semi-annually, at the pleasure of the Government. In the event of the death of any one of the persons mentioned in this section during service, or after his discharge, and before the issuing of a certificate or warrant, the warrant or scrip shall be issued in favor of his family or relatives; first, to the widow and his children; second, his father; third, his mother; fourth, his brothers and sisters.

9 Stat. 125, 126, 520; R. S. 2418. 2 Op. Att. Gen. 501, 506; 3 id. 382;

5 id. 387, 1.09, 702; 9 id. 427. People v. Auditor, 9 Mich. 134;
Matthews v. Rector, 24 Ohio St. 439. Cir. G. L. O., June 3, 1841
(1 Lester's L. L. 576); Oct. 1, 1847 (1 id. 578); April 1, 1848 (1 id.
579); Aug. 28, 1848 (1 id. 580); March 31, 1851 (1 id. 581); March 31,

1851 (1 id. 583); April 4, 1851 (1 id. 584). Cir. Com. Pensions, 1879. SEC. 308. The persons enumerated in the preceding sec- Certain classes tion received into service after the commencement of the persons who war with Mexico, for less than twelve months, and who their widows,

co., entitled to served such term, or were honorably discharged, are enti- fort

ll. forty acres. tled to receive a certificate or warrant for forty acres, or scrip for twenty-five dollars if preferred, and in the event of the death of such person during service, or after honorable discharge before the eleventh of February, eighteen hundred and forty-seven, the warrant or scrip shall issue to the wife, child, or children, if there be any, and if none, to the father, and if no father, to the mother of such soldier.

9 Stat. 126; R. S. 2419. 2 Op. Att. Gen. 501. Cir. G. L. O., June

3, 1847 (1 Lester's L. L.576); March 31, 1851 (1 id. 581). Cir. Com.

Pensions, 1879. SEC. 309. Where the militia, or volunteers, or State troops Militia and vol. of any State or Territory, subsequent to the eighteenth day unteers in service

since 1812. of June, eighteen hundred and twelve, and prior to March twenty second, eighteen hundred and fifty-two, were called into service, the officers and soldiers thereof shall be entitled

to all the benefits of section three hundred and seven upon proof of length of service as therein required.

10 Stat. 4; R. S. 2420. 2 Op. Att. Gen. 501. Persons not en- SEC. 310. No person shall take any benefit under the pro

doudfropre visions of the three preceding sections, if he has received, or ceding sections.

is entitled to receive, any military land bounty under any act of Congress passed prior to the twenty-second March, eighteen hundred and fifty-two.

9 Stat. 520; R. S. 2421. Decisions Sec. Int., April 12, 1855 (1 Les

ter's L. L. 614). Period of cap- SEC. 311. The period during which any officer or soldier tivity added actual seivice.

to remained in captivity with the enemy shall be estimated

and added to the period of his actual service, and the person so retained in captivity shall receive land under the provisions of sections three hundred and seven and three hundred and nine, 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 term.

9 Stat. 520; R. S. 2422. Warrant and SEC. 312. Every person for whom provision is made by when. to issue, sections three hundred and seven and three hundred and nine

shall receive a warrant from the Department of the Interior for the quantity of land to which he is entitled ; and, upon the return of such warrant, with evidence of the location thereof having been legally made to the General Land Office, a patent shall be issued therefor.

9 Stat. 520; R. S. 2423. Wirth v. Branson, 8 Otto, 118. 2 Op. Att. Gep. 501, 5 id. 387, 657, 702. Galup v. Armstrong, 22 Cal. 480; Callaway v. Fash, 50 Mo. 420; Fisher v. Wisner, 34 Iowa, 447; Railway Co. v. Clingman, 43 id. 306; Scott v. Chickasaw Ćo., 46 id. 253; Calder v. Keegan, 30 Wis. 123; Ausley v. Petenon, 30 id. 653; Merrill v. Hartwell, 11 Mich. 200; Johnson v. Gilfillan, 8 Mion. 395; Brill v. Styles, 35 Ills. 305. Cir. G. L. O., March 31,

1851 (1 Lester's L. L. 581). Cir. Com. Pensions, 1879. Widows of per. SEC. 313. In the event of the death of any person, for

whom provision is made by sections three hundred and seven and three hundred and nine, and who did not receive bounty land for his services, a like warrant shall issue in favor of his widow, who shall be entitled to one hundred and sixty acres of land in case her husband was killed in battle; nor shall a subsequent marriage impair the right of any widow to such warrant, if she be a widow at the time of making her application.'

9 Stat. 520; R. S. 2424. 2 Op. Att. Gen. 501, 506. Additional SEC. 314. Each of the surviving persons specified in the bounty lands, &c.

classes enumerated in the following section, who has served for a period of not less than fourteen days, in any of the wars in which the United States have been engaged since the year seventeen hundred and ninety, and prior to the third day of March, eighteen hundred and fifty-five, shall be entitled to receive a warrant from the Department of the Interior, for one hundred and sixty acres of land; and, where any person so entitled has, prior to the third day of March, eighteen hundred and fifty-five, received a warrant for any

Sons entitled.

number of acres less than one hundred and sixty, he shall be allowed a warrant for such quantity of land only as will make, in the whole, with what he may have received prior to that date, one hundred and sixty acres.

10 Stat. 701, 702; R. S. 2425. 2 Op. Att. Gen. 501 ; 5 id. 387, 609, 702.

Decisions Com. G. L. O., May 3, 1855 (1 Lester's L. L. 598). Cir.
G. L. O., July 20, 1875 (Copp's L. l. 727); March 15, 1879 (6
Copp's L. 0. 192). General Cir. G. L. O., 1879, pp. 6,7. Ćir. Com.

Pensions, 1879.
SEC. 315. The classes of persons embraced as benefi-Classes under

- last section speci. ciaries under the preceding section, are as follows, namely: fied.

First. Commissioned and non-commissioned officers, musicians, and privates, whether of the regulars, volunteers, rangers, or militia, who were regularly mustered into the service of the United States.

Second. Commissioned and non-commissioned officers, seamen, ordinary seamen, flotilla-men, marines, clerks, and landsmen in the Navy.

Third. Militia, volunteers, and 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.

Fourth. Wagon-masters and teamsters who have been employed under the direction of competent authority, in time of war, in the transportation of military stores and supplies.

Fifth. Officers and soldiers of the revolutionary war, and marines, seamen, and other persons in the naval service of the United States during that war.

Sixth. Chaplains who served with the Army.

Seventh. Volunteers who served with the armed forces of the United States in any of the wars mentioned, subject to military orders, whether regularly mustered into the service of the United States or not.

10 Stat. 701 ; 11 id. 8, 9; R. S. 2426. 2 Op. Att. Gen. 501. SEC. 316. The following class of persons are included as What classes

of persons enbeneficiaries under section three hundred and fourteen, with-titled under sec out regard to the length of service rendered:

tion 314 without

regard to length First. Any of the classes of persons mentioned in section of service. three hundred and fifteen who have been actually engaged in any battle in any of the wars in which this country has been engaged since seventeen hundred and ninety, and prior to March third, eighteen hundred and fifty-five.

Second. Those volunteers who served at the invasion of Plattsburgh in September, eighteen hundred and fourteen.

Third. The volunteers who served at the battle of King's Mountain, in the Revolutionary war.

Fourth. The volunteers who served in the battle of Nickojack against the confederate savages of the South.

Fifth. The volunteers who served at the attack on Lewistown, in Delaware, by the British fleet, in the war of eighteen hundred and twelve.

10 Stat. 702 ; R. S. 2427. 2 Op. Att. Gen. 501. SEC. 317. In the event of the death of any person who Widows and would be entitled to a warrant, as provided in section three children tota per hundred and fourteen, leaving a widow, or, if no widow, a der section 314.

ow.

section 317.

minor child, such widow or such minor child shall receive a warrant for the same quantity of land that the decedent would be entitled to receive, if living on the third day of March, eighteen hundred and fifty-five.

10 Stat. 702; R. S. 2428. 2 Op. Att. Gen. 501, 506., Sabsequent SEC. 318. A subsequent marriage shall not impair the marriage of wid- right of any widow, under the preceding section, if she be

a widow at the time of her application.

10 Stat. 702; R. S. 2429. Minors under SEC. 319. Persons within the age of twenty one years on

the third day of March, eighteen hundred and fifty-five, shall be considered minors within the intent of section three hundred and seventeen.

10 Stat. 702; R. S. 2430. Proofofservice. SEC. 320. Where no record evidence of the service for

which a warrant is claimed exists, parol evidence may be admitted to prove the service performed, under such regulations as the Commissioner of Pensions may prescribe.

10 Stat. 702; 11 id. 8; R. S. 2431. Former ovi. SEC. 321. Where certificate or a warrant for bounty land bounty laně to be for any less quantity than one hundred and sixty acres received in cer has been issued to any officer or soldier, or to the widow or tain cases.

minor child of any officer or soldier, 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 minor child, for a warrant for so much land as may be required to make up the full sum of one hundred and sixty acres, to which he may be entitled under the preceding section, 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. But if, upon a review of such evidence, the Commissioner of Pensions is not satisfied that the former warrant was properly granted, he may require additional evidence, as well of the term as of the fact of service.

11 Stat. 8; R. S. 2132. 2 Op. Att. Gen. 501. Allowance of SEC. 322. When any company, battalion, or regiment, in

for an organized form, marched more than twenty miles to the home to place of place where they were mustered into the service of the muster or is. ITnited States charge.

18. United States, or were discharged more than twenty miles

from the place where such company, 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, 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 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, or

time of service for distance from

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