cash. For example: A tract of 40 acres of land held at $2.50 per acre may be entered by the location of a warrant calling for 40 acres and the payment of $50 in cash; or by locating thereon a warrant for 80 acres, the 40 acres embraced in the entry being received in full satisfaction of the same; or a tract containing 80 acres rated at $2.50 per acre may be entered by the location of two 80-acre warrants, or of one for 160 acres, and so on. It will be required, however, in the entry of a tract held at a greater minimum than $1.25 per acre, by the locatic of two or more warrants, that each warrant shall be located upon a specific legal subdivision thereof, which legal subdivision shall be received in full satisfaction of the warrant surrendered therefor; and that the excess in value of the lands, if any there be, shall in each case be paid in cash. Hence, a tract containing 40 acres or less of double minimum land can not be entered by the location of two 40-acre warrants.

A preemptor of lands held at $1.25 per acre may enter the tract embraced in his claim by the location of one, two, or more warrants; but each warrant must be applied to a specific subdivision thereof; that is, a warrant for 40 acres must be located upon a described subdivision containing as nearly as possible 40 acres of land; a warrant for 80 acres upon a tract embracing 80 acres, and so on. Where the preemption claim is composed of land subject to entry at a greater minimum than $1.25 per acre, the rules set forth in the preceding section will apply. (Sec. 2277, Rev. Stat.; Appendix No. 1, p. 133.)

When a subdivision is fractional, a warrant approximating nearest the number of acres embraced therein may be located thereon, but the fractional excess in area must be paid for with cash, and will be conveyed in the same patent with the lands covered by the location of the warrant; a legal subdivison, however, other than those entered by the location of the warrant, will not be regarded as a legitimate fractional excess over such location, but will be required to constitute a separate entry. Thus a person will not be permitted to make one entry of a quarter section of land by the location of a warrant for 120 acres and a cash payment for the remaining subdivision.

Registers and receivers of the local land offices are entitled to the following fees for their services in locating warrants, and the several amounts mentioned must be paid at the time of location:

(Bounty warrants were not issued to soldiers and sailors for military service in the late civil war. The only privileges granted them in connection with the public lands will be found set forth hereafter, under the head "Homesteads." The bounties for military service in the last war were not given in land, but in money.)

PRIVATE LAND SCRIP LOCATIONS.

Scrip issued in satisfaction of private land claims under decrees of the United States Supreme Court, pursuant to acts of Congress of June 22, 1860 (12 Stat. L., 85), March 2, 1867 (14 Stat. L., 544), and June 10,

1872 (17 Stat. L., 378), and scrip issued under the act of June 2, 1858 (11 Stat. L., 294), may be located on lands subject to sale at private entry or in payment of preemption claims and in commutation of homestead claims, in the same manner as military bounty-land warrants (see act of January 28, 1879, 20 Stat. L., 274; Appendix No. 9, p. 151.)

ADDITIONAL METHODS FOR USING MILITARY BOUNTY LAND WAR

RANTS, AND SCRIP ISSUED UNDER ACT OF JUNE 2, 1858.

The act of December 13, 1894 (28 Stat. L., 594; Appendix No. 59, p. 218, "in addition to the benefits now given thereto by law," provides that military bounty land warrants and scrip issued under section 3 of the act approved June 2, 1858, may be located in certain other classes therein specified, viz:

In the payment, or part payment, for any lands entered under the desert-land law of March 3, 1877, and the amendments thereto in payment, or part payment, for lands entered under the timber-culture law of March 3, 1873, and the amendments thereto; in payment, or part payment, for lands entered under the timber and stone law of June 3, 1878, and the amendments thereto, and in payment, or part payment, for lands sold at public auction, except such lands as shall have been purchased from any Indian tribe within ten years last past.

This act does not change existing law or regulations as to the location of such warrants or scrip upon lands subject to sale at private entry, or in payment for preemption claims or commutation of homestead entries.

In reference to the four classes of entries specified in the act of December 13, 1894, one or more warrants or certificates of location are receivable in payment, or part payment, for a tract of land entered under either of the laws designated, at the rate of $1.25 per acre upon the expressed value of the warrants or certificates of location. If the amount of money due on such entry exceeds the face value of the warrant or certificate of location at the rate of $1.25 per acre, the entry man must pay for the excess in cash, but if the face value of the warrant or certificate of location exceeds the amount due on such entry, the claimant must take the tract in full satisfaction of said warrant or certificate of location.

In initiating an entry under the desert-land laws payment may be made in money to the amount of 25 cents per acre, as required by previously existing law, or, if preferred, warrants or scrip may be tendered as payment, and if the face value of such warrant or scrip exceeds the amount of money due in initiating said entry, credit may be given for any balance, to be applied to final payment when final proof has been made.

Where such warrants or scrip are tendered as payment by other than the party to whom issued evidence will be required that the entryman is the heir or legatee of the party to whom issued, or evidence that said warrant or certificate of location has been duly assigned in accordance with circulars of July 20, 1875, and February 13, 1879.

No fees are required to be paid where warrants or certificates of location are used under this act, the same being regarded as the equivalent for money to the extent of their value at the rate of $1.25 per acre, and the local officers will receive from the United States Treasury their commissions upon the surrender thereof. as in the case of entries made with actual cash.

When located each warrant or certificate of location must be relinquished by the legal owner thereof after the following form, viz:

I (or we) do hereby relinquish to the United States the within military bountyland warrant or certificate of location in payment, (or in part payment, as the case may be) of the (here describe the tract), located in the name of at the land

day of

Witnesses: C. D.

E. F.

18-.

It may also be added that, under said act, no warrant or certificate of location can be used in payment for any lands which have been purchased from any Indian tribe within ten years last past, neither can they be used in payment for lands ceded to the United States by any Indian tribe where such lands are to be disposed of for the benefit of such Indian tribe.

AGRICULTURAL COLLEGE SCRIP LOCATIONS.

Agricultural college scrip issued under the acts of July 2, 1862 (12 Stat. L., 503), and March 3, 1883 (22 Stat. L., 484), may be used

66

First. In the location of land at "private entry;" but when so used is applicable only 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 a part of a quarter section," where such part is taken as in full for a quarter; but it can not be applied to different subdivisions to make an area equivalent to a quarter section (sec. 2, act July 2, 1862, 12 Stat. L., 503). 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 this scrip at private entry is restricted to three sections in each township of land, and 1,000,000 acres in any one State (15 Stat. L., 227).

Under the first section of the act of March 2, 1889 (25 Stat. L., 854, Appendix No. 33, p. 170), there is no land now subject to private entry, under general statutes, except in the State of Missouri.

Second. In payment of preemption claims and in commutation of homestead entries (sec. 2278, Rev. Stat.; Appendix No. 1, p. 133). When so used it can be located on minimum or double minimum lands, and there is no limitation of the quantity that may be located in a township or State. When located in payment of preemption claims and in commutation of homestead entries on double minimum lands, the excess price must be paid or a double quantity of the scrip surrendered (secs. 2277, 2278, Rev. Stat.; Appendix No. 1, p. 133).

When the land located is rated at $1.25 per acre, and the area does not exceed the area specified in the scrip, it must be taken in full satis faction thereof. (Secs. 2277, 2278, Rev. Stat.; Appendix No. 1, p. 133.)

PREEMPTION LAWS REPEALED BY ACT OF MARCH 3, 1891,

The fourth section of the act of March 3, 1891 (26 Stat. L., 1095; Appendix No. 45, p. 205), repeals generally all the laws allowing preemption of the public lands by individuals, but provides for perfecting claims previously initiated; therefore no filings or entries will be allowed under the preemption laws except when necessary to perfect claims initiated prior to the approval of the repealing act, or claims to Indian lands covered by its tenth section.

1

For necessary information relative to the adjustment of such claims reference is made to the laws and regulations as given in Appendixes Nos. 1 and 67, pages 128 and 222.

EXTENSION OF TIME OF PAYMENT.

By joint resolution of Congress of September 30, 1890 (26 Stat. L., 684), it was enacted

That whenever it shall appear by the filing of such evidence in the offices of any register and receiver as shall be prescribed by the Secretary of the Interior that any settler on the public lands, by reason of a failure of crops for which he is in no wise responsible, is unable to make the payment on his homestead or preemption claim required by law, the Commissioner of the General Land Office is hereby authorized to extend the time for such payment for not exceeding one year from the date when the same becomes due.

By the second section of the act of July 26, 1894 (28 Stat. L., 123), it was provided

That the time of making final payments on entries under the preemption act is hereby extended for one year from the date when the same becomes due in all cases where preemption entrymen are unable to make final payments from causes which they can not control, evidence of such inability to be subject to the regulations of the Secretary of the Interior.

1. Any party applying for the extension of time authorized by said resolution or act will be required to submit to the register and receiver of the proper district land office testimony, to consist of his own affidavit, corroborated, so far as possible, executed before the register or receiver, or some officer authorized under the acts of May 26, 1890, and March 2, 1895, to administer the oaths required in homestead entries within the county where the land is situated, setting forth in detail the facts relating to the failure of crops, or other causes on which he relies to support his application, and that he is unable for such reasons to make the payment required by law. (11 L. D., 417.)

The register and receiver will not accept any application for extension under said resolution until the party shall have in due course submitted final proof on his claim and the same shall have been found satisfactory by them; and should any such application be made prior to the submission of the proof and their favorable finding thereon, they will reject the application, so advise the applicant, and inform him that he acquired no right thereby under said joint resolution.

2. After application received in accordance with the foregoing rule, the register and receiver will note upon their records in pencil that the same has been filed, and transmit it, together with the testimony filed in support thereof, and the final proof submitted and found satisfactory by them, as above, accompanied by their report, and await further

instructions.

3. Thereafter they will allow no filing or entry for the land covered by the claim sought to be perfected until decision of this office on the pending application.

4. The register and receiver will be careful to distinguish between an application under said joint resolution for an extension of time for payment and an application for leave of absence under the act of March 2, 1889 (25 Stat. L., 854).

Applications under these instructions will be made special. (See case of Parker v. Brown, 20 L. D., 323.)

HOMESTEADS.

The homestead laws secure to qualified persons the right to settle upon, enter, and acquire title to not exceeding one quarter section, or 160 acres, of public land, by establishing and maintaining residence thereon and improving and cultivating the land for the continuous period of five years.

A homestead entryman must be the head of a family, or a person who has arrived at the age of 21 years, and a citizen of the United States, or one who has filed his declaration of intention to become such, as required by the naturalization laws, to which section 5 of the act of March 3, 1891 (26 Stat. L., 1095; Appendix No. 45, p. 205), attaches the condition that he must not be the proprietor of more than 160 acres of land in any State or Territory.

Applicants to make homestead entries were restricted by section 2289, Revised Statutes, to "unappropriated public lands upon which such person may have filed a preemption claim, or which may, at the time the application is made, be subject to preemption," but the act of March 3, 1891, which repealed the preemption laws, so amended said section 2289 as to describe the class of lands subject to homestead entry simply as "unappropriated public lands."

The homestead law originally required the applicant in all cases to appear personally at the district land office and present his application (Form No. 4-007, p. 238), and to make the required affidavits before the register or receiver. This requirement was modified by the provisions of section 2294, Revised Statutes, and a further change was made by the amendment of said section by the act of May 26, 1890 (26 Stat. L., 121; Appendix No. 39, p. 196).

The said act modified the requirements of previous general laws by allowing parties who are prevented "by reason of distance, bodily infirmity, or other good cause, from personal attendance at the district land office" to make the preliminary affidavits for homestead entries within the county or parish before any commissioner of the United States circuit court having jurisdiction over the county or parish in which the land desired is situated, or before the judge or clerk of any court of record of such county or parish, and to transmit the same, with their applications and the proper fees and commissions, to the register and receiver of the district land office, thus permitting entries to be effected without personal attendance at the district office by any parties availing themselves of its provisions.

The act of March 2, 1895 (28 Stat. L., 744; Appendix No. 65, p. 221), provides for additional officers in the Territories, to be known as United States court commissioners, before whom the preliminary affidavits in homestead entries may be made in like manner as provided in the act of May 26, 1890. Applicants availing themselves of the privileges of the said acts will be required to transmit with their applications an affidavit setting out specifically why they can not appear at the district office in person to make their preliminary homestead affidavits.

A person in active service in the Army or Navy of the United States, whose family or some member thereof is residing on the land which he wishes to enter, and upon which bona fide settlement and improvement have been made, may by special enactment make the affidavit required by law before the officer commanding in the branch of service in which the applicant is engaged. (Sec. 2293, Rev. Stat.; Appendix No. 1, p. 136.)