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publication, and they will be paid by an order on the nearest disbursing agent of the Government.

By a clause in the 1st section of the Act making appropriations for the support of the Government for the fiscal year ending 30th June, 1852, approved 3d March, 1851, (No. 188,) it is enacted, that no warrant for bounty land issued under the Act of 28th September, 1850, or by virtue of any other Act of Congress, shall be located on any land which had not theretofore been brought into market, and then subject to private entry, so that no land can be located under the Bounty Land Law of 28th September, 1850, or any other law granting bounty land, except that which had been proclaimed and offered for sale prior to the 3d March, 1851. Very respectfully, your obedient servant.

J. BUTTERFIELD, Commissioner. Register and Receiver at

Military Bounty Land.-Pre-emption Rights.

GENERAL LAND OFFICE,

March 31, 1851. In order that the liberal views of Congress, in passing the Act of 28th September, 1850, (No. 183, granting bounty land to certain officers and soldiers who have been engaged in the military service of the United States, may be carried out, and every expense to the warrantees be avoided as far as possible in obtaining the benefits granted by the gratitude of their country for faithful and patriotic services, and at the same time to secure to the hardy and enterprising settlers on the public lands the fruits of their industry and privations, the Secretary of the Interior has directed :

That public notice be given to all settlers on public lands subject to private entry to come forward and file their declaratory statements within thirty days after making their settlements and improvements as required by the Pre-emption Act of 4th September, 1841, so as to secure their preemption rights, and prevent interference by the location of these warrants.

And that all warrants may be located upon the land applied for if subject to private entry on the 3d March, 1851, without an affidavit as to whether said land is improved or not; and after having been so located, said warrants shall remain in the hands of the land officers at least forty days. If at the end of that time there is no interference by those locations with pre-emption claims, or otherwise, the warrants will be returned to this Office for patenting; but if there is such interference a new location will be made.

Warrantees can locate their warrants on their own pre-emption rights where the land was proclaimed and offered at public sale prior to 3d March, 1851, and where the minimum price of the land is more than one dollar and twenty-five cents per acre, can pay in cash the difference between the cost of the land and the amount covered by the warrant, estimating the warrant at $1 25 per acre. No pre-emption rights attach to the alternate sections reserved to the United States along the routes of railroads or canals.

Where application is made to this Office by the warrantee to locate the warrant, the applicant should designate the land district, section of country, or particular tract on which he wishes the location made, and where the tract is specified it would be well to designate several others in the order in which they are desired, that in case the tract first selected shall have been taken, the warrant can be located upon the first of the others which may be vacant, without further delay. In these cases the affidavit of the applicant, taken before an officer competent to administer oaths, that he is the identical person mentioned in the warrant, must accompany the application. The same rules must be complied with where application by letter is made to the district land officers. Where such application is made by the attorney, guardian, executor, &c., the evidence duly certified of their authority to act must also accompany the application.

By a clause in first section of the act making appropriations for the support of the Government for the fiscal year ending 30th June, 1852, approved 3d March, 1851, (No. 188,) it is enacted that no warrant for bounty land issued under the Act of 28th September, 1850, or by virtue of any other act of Congress, shall be located on any land which had not theretofore been brought into market and then subject to private entry, so that no land can be located under the Bounty Land Law of 28th September, 1850, or any other law granting bounty land, except that which had been proclaimed and offered for sale prior to the 3d of March, 1851.

J. BUTTERFIELD, Commissioner.

GENERAL LAND OFFICE,

April 4, 1851. Numerous applications having been made to this Office for information in relation to the manner in which land warrants under the Act of 28th September, 1850, should be located, the following answers thereto have been prepared, to wit:

There are three modes by which these locations may be made :
1st. By the warrantee in person;
2d. By the warrantee through the agency of this Office;
3d. By an agent or attorney.

If the first or second mode is adopted, the application must be made in writing, specifying the tract, land district, or section of country in which the location is desired, and be accompanied by an affidavit according to the following form, No. 1.

Where the third mode is adopted, a power of attorney must be produced, executed by the warrantee in the presence of a witness, according to the following form, No. 2, which power of attorney must be acknowledyed, or proved as the case may be, before some officer authorized to take the acknowledgment of deeds, according to form No. 3 or 4.

In all cases the patents will be transmitted to the land office where the location is made, unless special directions to the contrary be given.

J. BUTTERFIELD, Commissioner.

FORM NO. 1. State of

-, county of Before me (a justice of the peace or other officer authorized to take affidavits, personally appeared (here insert the name of warrantee,) who being duly sworn, deposes and says, that he is the identical (here insert name of warrantee,) to whom warrant No.

for

acres under the Act of September, 1850, was issued on the

185—, and who now applies to locate the same.

(Affiant's signature.) Sworn to and subscribed before me this

185— (Officer's signature.)

day of

day of

FORM NO. 2. Know all men by these presents, that I, (here insert the name of warrantee) of the county of

and State of

do hereby constitute and appoint

of

my true and lawful attorney, for me, and in my name, to locate land warrant No.

for

acres of land, which issued under the Act of September, 1850.

[Power of substitution may be inserted if desired.] Signed in presence of

(Warrantee's signature.)

, county of
day of

FORM NO. 3.
State of
On this

in the year — personally appeared (here insert name of warrantee,) and acknowledged the within power of attorney to be his act and deed, and I certify, that I well know the said (here insert the name of warrantee,) and that he is the same person who is described in the within power, and who executed the same.

(Officer's signature.)

in the year

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FORM NO. 4. State of

county of I hereby certify, that on this day of personally came before me (here insert the name of witness) and (here insert the name of warrantee ;) and the said (here insert the name of witness,) being well known to me, was duly sworn by me, and on his oath declared and said that he well knew the said (here insert the name of warrantee,) and that he was the same person described in, and who executed the within power of attorney, and his testimony was to me satisfactory evidence of that fact, and the said (here insert the name of warrantee,) thereupon acknowledged the said power to be his act and deed.

(Officer's signature.)

No. 609.

Forms and Regulations for the Assignment of Land Warrants and Loca

tions.

GENERAL LAND OFFICE,

March 23, 1852. By the first section of the act of Congress, entitled " An act making land warrants assignable, and for other purposes," approved March 22, 1852, (No. 190,) it is provided : “ That all warrants for military bounty land which have been, or may hereafter be issued, under any law of the United States, and all valid locations of the same, which have been, or may hereafter be made, are hereby declared to be assignable, by deed or instrument of writing, made and executed after the taking effect of this act, 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 owners of the warrant or location.

In accordance with the provisions of this section, the following forms* are prescribed for the assignment of the warrants and locations referred to, to wit:

No 1.-FORM FOR THE ASSIGNMENT OF THE WARRANT.

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For value received, I, A. B., to whom the within warrant, No. issued, do hereby sell and assign unto C. D., of

and to his heirs

* See No. 612.

and assigns forever, the said warrant, and authorize him to locate the same, and receive a patent therefor. Witness hand and seal, this

1854 Attest:

Á. B. [SEAL.]
E. F.
G. H.

my

day of

Form of acknowledgment where the vendor is known to the officer taking the acknowledg

ment.

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day of

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State of

County of
On this

in the
year

before me, personally came, (here insert the name of the warrantee,) to me well known, and acknowledged the foregoing assignment to be his act and deed; and I certify, that the said, (here insert the name of warrantee,) is the identical person to whom the within warrant issued, and who executed the foregoing assignment thereof.

(Officer's signature.)

in the year

Form of acknowledgment where the vendor is not known to the officer, and his identity has

to be proved. State of

County of On this day of

before me, personally came, (here insert the name of the warrantee,) and (here insert the name and residence of a witness,) and the said, (here insert the name of the witness,) being well known to me as a credible and disinterested person, was duly sworn by me, and on his oath declared and said, that he well knows the said, (here insert the name of the warrantee,) and that he is the same person to whom the within warrant issued, and who executed the foregoing assignment, and his testimony being satisfactory evidence to me of that fact, the said, (here insert the name of the warrantee, thereupon acknowledged the said assignment to be his act and deed.

(Officer's signature.)

No. 2.-FORM FOR THE ASSIGNMENT OF THE LOCATION. For value received, I, A. B., to whom the within certificate of location was issued, do hereby sell and assign unto C. D., and to his heirs and assigns forever, the said certificate of location, and the warrant and land therein described, and authorize him to receive the patent therefor. Witness my hand and seal, this

185Attest:

A. B. [SEAL.]
E. F.
G. H.

day of

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Form of acknowledgment where the vendor is personally known to the officer taking the

same.

State of

County of On this

before me, personally came, (here insert the name of the person to whom the certificate of location issued,) to me well known, and acknowledged the foregoing assignment to be his act and deed ; and I certify, that the said, (here insert the name of the person to whom the certificate of location issued,) is the identical person to whom the within certificate of location issued, and who executed the foregoing assignment thereof.

day of

in the year

9

(Officer's signature.)

in the year

Form of acknowledgment where the vendor is not personally known to the officer, and where

his identity has to be proved. State of

County of On this day of

before me, personally came, (here insert the name of the person to whom the certificate of location issued,) and, (here insert the name and residence of a witness, and the said, (here insert the name of the witness,) being well known to me as a credible and disinterested person, was duly sworn by me, and on his oath declared and said that he well knows the said, (here insert the name of the person to whom the certificate of location issued,) and that he is the same person to whom the within certificate of location issued, and who executed the foregoing assignment; and his testimony being satisfactory evidence to me of that fact, the said, (here insert the name of the person to whom the certificate of location issued,) thereupon acknowledged the said assignment to be his act and deed.

(Officer's signature.)

Assignment No. 1, and acknowledgment, must be endorsed upon the warrant, and No. 2, and acknowledgment, upon the certificate of location; and must be attested by two witnesses, acknowledged before a Register or Receiver of a Land Office, a Judge of a Court of Record, a Justice of the Peace, or a Commissioner of Deeds, resident in the State from which he derives his appointment; and in every instance where the acknowledgment is made before either of the officers above specified, except the Register or Receiver of a land office, it must be accompanied by a certificate, under seal of the proper authority, of the official character of the person before whom the acknowledgment was made, and also of the genuineness of his signature.

All assignments of bounty land warrants, issued under the Act of September 28, 1850, made before the date of this act, are invalid and void.

The same section provides, “that any person entitled to pre-emption right to any land, shall be entitled to use any such land warrant in payment of the same, at the rate of $1 25 per acre for the quantity of land therein specified.”

By this provision, all persons entitled to pre-emption, whether on offered or unoffered lands, can use a military bounty land warrant in payment for the tract pre-empted, reckoning the said warrant at $1 25 per acre for the quantity therein specified, whether the land so claimed is at the usual or enhanced minimum.

Should the area of the tract claimed exceed the amount called for in the warrant, the pre-emptor will have to pay for the excess in cash; but if it should fall short, he is not entitled to a refunding of the excess.

It is further provided by the same section, “that the warrants which have been, or may hereafter be issued, in pursuance of said laws or of this act, may be located, according to the legal subdivisions of the public lands, in one body, upon any lands of the United States subject to private entry at the time of such location, at the minimum price: Provided further, That when said warrants shall be located on lands which are subject to entry at a greater minimum than $1 25 per acre, the locator of said warrant shall pay to the United States, in cash, the difference between the value of such warrants at $1 25 per acre, and the tract of land located on.”

By these provisions, where the lands are subject to private entry at $1 25 per acre, the holder of an eighty-acre warrant can take any two forty-acre lots, forming a compact body of eighty acres; and the holder of

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