been made by or for those persons. And as these locations are all in conflict with claims under the pre-emption and homestead laws, this is a fatal defect, and for that reason, if for no other, they are invalid and void."

§ 324. Agricultural College Scrip.-This scrip may be used: 1. In the location of land at private entry, but when so used it is only applicable to lands not mineral which may be subject to private entry at $1.25 per acre, and is restricted to a technical quarter-section; that is, land embraced by the quarter-section lines indicated on the official plats of survey; or it may be located on part of a quarter-section, where such part is taken in full for a quarter; but it can not be applied to different subdivisions to make an area equivalent to a quarter-section.

The manner of proceeding to acquire title with this class of paper is the same as in cash and warrant cases, the fees to be paid being the same as on warrants. The location of the scrip at private entry is restricted to three sections in each township of land, and 1,000,000 acres in any one state.

2. In payment of pre-emption claims in the same manner, and under the same rules and regulations as govern the application to pre-emption to military land warrants; this too without regard to the limitation as to the quantity located in a township or in a state.

3. In payment for homesteads commuted under section 2301 of the revised statutes of the United States.

§ 325. Indian Lands.-Reservations for Indians are both made and set aside by executive order. In the early days of the republic it was held that the Indians had no title to any of the lands which they occupy, and consequently could transfer no right to the soil.

Johnson v. McIntock, 8 Wheat. 543.

In this case Chief Justice Marshall held that the right to make grants was vested originally in the crown; that by the treaty of 1783 it was surrendered by Great Britain to the United States; and that consequently the United States has a right to extinguish the Indian title of occupancy, either by purchase or conquest. Commissioner Williamson, on the eighth of March, 1881, held that the Cherokee reservation, in the state of Kansas, was still intact; but recommended compensation to the Indians, and a recognition and confirmation of the rights of actual settlers. Copp's L. L., p. 1322.

The act of May 11, 1872, relative to these lands, requires set

tlement, but not necessarily residence, as a condition of sale. The term "settlement" does not necessarily imply residence in person; it does imply cultivation, with intention of making it a

home.

Copp's L. L., p. 1330.

Osage trust lands in Kansas are not of the class included in the term "public lands," nor are the rules that govern them the same in all respects as the pre-emption laws. But to secure title to these lands, a full compliance with the pre-emption laws as regards settlement, residence, and cultivation and improvement will be insisted on, except in cases otherwise provided for in the act of August 11, 1876.

Copp's L. L., p. 1345.

§ 326. The supreme court of California, in the case of Parker et al. v. Duff et al., 47 Cal. 554, holds that the officers of the land department can not issue scrip for land selected under the treaty with the Chippewa Indians, dated September 30, 1854, outside the ceded territory; that such scrip and a patent issued thereon is without authority of law, and if they show for what they were issued, they are void on their face. On examination of the above-mentioned case it will be observed that the court was, on its own theory of the case, dealing with property belonging to the United States, and interpreting a treaty made by the United States; that it set aside an official act of the president of the United States; and that the United States was not a party to any of the proceedings before the court.

§ 327. Assignments.-1. No assignment of a warrant executed prior to the date of the issue thereof can be recognized by this office.

R. S. 2436.

2. The assignment is required to be indorsed, as far as practicable, upon the warrant transferred. Should it be found necessary, in any case, to write the entire assignment on a separate paper, which can only occur when prior assignments have filled entirely the blank space on the warrant, it must be so attached as to show unmistakably that the warrant assigned was in the hands of the party making the transfer. In such cases the signature of the assignor must be affixed in the presence of the officer before whom it is acknowledged, who must certify that, at the date of the assignment, the warrant was presented by and in possession of the assignor.

3. The same requirement must be observed in the preparation

and acknowledgment of powers of attorney to sell or locate bounty land warrants.

4. Blank assignments are void, and will not be recognized by this office. The name of an assignee should be written in the assignment before the warrant is sent to the local or general land office.

5. Each assignment must be attested by two subscribing witnesses; the mark of a witness will not be respected.

6. Parties in interest, as assignees, are not recognized as legal attesting witnesses to an assignment; neither can an officer take an acknowledgment of an assignment to himself.

7. The execution of assignments is required to be acknowledged by the assignor, in the presence of a register or receiver of a land office, a judge or clerk of record-when authorized to take acknowledgments-a notary public, justice of the peace, a commissioner of deeds, resident in the state from which he derives his appointment, or a commissioner of a circuit court of the United States, who shall certify to the fact of the acknowledgment, and to the identity of the assignor; and the official seal of said court, notary public, or commissioner shall be affixed to the certificate. When the acknowledgment is taken before a justice of the peace or other officer, without an official seal (except a register or receiver of a land office), it must be accompanied by an additional certificate, under seal of the proper authority, establishing the official character of the person before whom the acknowledgment was made, and the genuineness of his signature. Powers of attorney must be acknowledged in like manner.

8. Assignments executed by unmarried females must be accompanied by evidence that they have attained the age of twenty-one years; and when married women assign, their husbands must unite with them in making the transfer.

9. Assignments executed by a commissioner, or other designated person, alleged to be acting under a decree of court, must be accompanied by a duly certified copy of such decree, in which all the proceedings had in the case should be recited, and from which it must appear that due notice of the pending suit had been given, by publication or otherwise, to all the parties interested.

10. Where two assignments exist, executed by the same party, but made in favor of different individuals, the person first named as assignee must execute a transfer in favor of the

second grantee, whether the assignment to him had been completed or not.

11. When the name of a person has been inadvertently inserted in an assignment of a warrant, and erased therefrom, there should be filed an affidavit, duly authenticated, from such person, stating that his name had been erroneously written in said transfer, and erased with his knowledge and consent, and that he claims no right or interest in the warrant; when such person can not be found, the title of the party whose name has been written over the erasure will not be respected by this office until the validity thereof has been satisfactorily affirmed by a court of competent jurisdiction. When the name of a bona fide assignee has been erased from a transfer, an assignment from said assignee to the present holder of the warrant will be required to perfect the chain of title to the warrant.

12. When the assignment of a warrant is executed in a foreign country, and the acknowledgment thereof taken by an officer authorized by the laws thereof to perform such duties, the attestation of the American consul in such country should be obtained as to the official character and genuineness of the signature of the person before whom the acknowledgment of the assignment was made; or if the official character, etc., of such foreign magistrate is attested by a consular agent of such foreign government residing in this country, his official character must be certified by the diplomatic representative of such government of the United States. When such assignments are executed in a foreign language, duly authenticated translations thereof must be furnished. Secretaries of legation and consular officers of the United States are authorized to take acknowledgments, but they must certify the same under their official seals.

13. When the persons named as warrantees are described in the warrant as being minors, their assignment thereof must be accompanied by satisfactory evidence that they had attained their majority at the date of the transfer.

14. When an assignment has been executed and witnessed, but not acknowledged, it may be proved in open court, but a certified transcript of the proceedings in the case must be attached to the warrant; when, however, such assignment has not been properly attested, it must be made anew.

15. When an assignment is made by an Indian residing among the whites, the prescribed form will be adopted, with this single addition, that the officer taking the acknowledgment

shall certify that the Indian is capable of contracting, also the amount paid to him for the warrant, and that he saw the same paid to the Indian.

16. Where it is made by an Indian holding tribal relations, his identity and ability to contract must be certified by the superintendent of Indian affairs, or Indian agent, either of his own knowledge, or on the testimony of the chiefs, certifying to the amount paid for said warrant, that the same was paid in his presence, and that the transaction was fair and regular. In either case, if the amount paid is not a fair consideration the assignment will be disregarded.

17. Where a warrant for the services of an Indian is issued, or descends to minors who no longer retain their tribal relations, it must be located or sold by a guardian duly appointed and authorized by the proper court for that purpose. Where the minor or minors retain their tribal relations, the agent or superintendent must certify that they are entitled to the warrant under the laws, usages, and customs of the tribe; and, when sold or located, that it was done by the guardian or such proper representatives as, according to said laws, usages, and customs, was fully authorized. In all cases where the signature of the superintendent or Indian agent is herein required, the genuineness of the signature of that officer must be attested by the commissioner of Indian affairs.

§ 328. Land Warrants as Real Estate.-18. Prior to June 3, 1858, military land warrants were regarded as real estate; consequently a transfer of such warrant before that date by an administrator, must be accompanied by evidence that the same was made in pursuance of an order of court for the sale of the real estate of the decedent. But by the act of June 3, 1858, which was re-enacted by section 2444 of the revised statutes, bounty land warrants were declared to be personal chattels, and as such to be assignable by the warrantees, by their widows in certain cases, by their heirs or devisees, or by the legal representatives of the deceased claimant, "for the use of the heirs or legatees only." It follows that the right to assign inures to the assignees of the vendors named above, and to their heirs, devisees, or legal representatives; but these latter are not required to assign "for the use of the heirs only."

19. Where a warrant has been issued in the name of a deceased soldier, who had applied therefor before his death, the title thereto is declared, by the said section 2444, revised stat