United States.

Compiled statutes of the United States, 1913 : embracing the statutes of the United States of a general and permanent nature in force December 31, 1913, incorporating under the headings of the revised statutes the subsequent laws, together with explanatory and historical notes online

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Online LibraryUnited StatesCompiled statutes of the United States, 1913 : embracing the statutes of the United States of a general and permanent nature in force December 31, 1913, incorporating under the headings of the revised statutes the subsequent laws, together with explanatory and historical notes → online text (page 108 of 150)
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4832.

§ 4836. (R. S. § 2424.) Widows of persons entitled.

In the event of the death of any person, for whom provision is
made by sections twenty-four hundred and eighteen and twenty-four
hundred and twenty, and who did not receive bounty-land for his
services, a Hke warrant shall issue in favor of his widow, who shall
be entitled to one hundred and sixty acres of land in case her hus-
band 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.

Act Sept 28, 1850, c. 85, | 3, 9 Stat 520.

B. S. f§ 2418, 2420, mentioned in this section, are set forth ante, {§ 4830,
4832.

§ 4837. (R. S. § 2425.) Additional bounty-lands, etc.

Each of the surviving persons specified in the classes enumerat-
ed 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

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§ 4837 THB PUBLIC LANDS (Tit 32

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 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.
Act March 3, 1855. c 207, §§ 1. 8. 10 SUt 701, 702.

§ 4838. (R. S. § 2426.) Classes under last section specified.

The classes of persons embraced as beneficiaries under the pre-
ceding section, are as follows, namely:

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

Third. Militia, volunteers, and State troops of any State or Terri-
tory, 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. OflScers 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 or-
ders, whether regularly mustered into the service of the United
States or not.

Act March 3, 1855, c. 207, If 1. 8, 10, 10 Stat. 701, 702. Act Uaj 14, ISStt,

c 26, §1 4, 5, 11 Sut 8, 9.

§ 4839. (R. S. § 2427.) What classes of persons entitled under
R. S. § 2425, without regard to length of service.

The following class of persons are included as beneficianes under
section twenty-lour hundred and twenty-five, without regard to the
length of service rendered.

First. Any of the classes of persons mentioned in section twenty-
four hundred and twenty-six 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, eigh-
teen hundred and fifty-five. , ,

Second, lliose volunteers who served at the mvasion of Pitts-
burgh, in September, eighteen hundred and fourteen. ^

Third. The volunteers who served at the battle of Kings Moun-
tain, in the revolutionary war.
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Ch. 10) THE PUBLIC LANDS g 4844

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

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

Act March 3, 1855, c 207, f§ 3, 9, 11, 10 Stat. 702.

R. S. §{ 2425, 2426, mentioned in this section, are set forth ante, §{ 4837,
4888.

§ 4840. (R. S. § 2428.) Widows and children of persons entitled

under R. S. § 2425.
In the event of the death of any person who would be entitled to
a warrant, as provided in section twenty-four himdred and twenty-
five, leaving a widow, or, if no widow, a 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.

Act March 8, 1855, <J. 207, § 2, 10 Stat 702.

R. S. I 2425, mentioned in this section, is set forth ante, | 4837.

§ 4841. (R. S. § 2429.) Subsequent marriage of widow.

A subsequent marriage shall not impair the right of any widow,
under the preceding section, if she be a widow at the time of her
application.

Act March 3, 1855, c 207, § 2, 10 Stat 702.

§ 4842. (R. S. § 2430.) Minors under R. S. § 2428.

Persons within the age of twenty-one V^^irs on the third day of
March, eighteen hundred and fifty-five, shall be considered minors
within the intent of section twenty-four hundred and twenty-eight.

Act March 3, 1855, c. 207, i 2, 10 Stat 702.

R. S. I 2428, mentioned in this section, is set forth ante, S 4840.

§ 4843. (R. S. § 2431.) Proof of service.

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.

Act March 3, 1855, c 207, § 3, 10 Stat. 702. Act May 14, 1856, c. 26, §
3, 11 Stat 8.

Proof of loyalty of an applicant for bounty-land was dispensed with, where
the applicant was otherwise entitled thereto, by Act March 11, 1898, c. 57,
post, I 6388^ amendatory of R. S. § 3480, post, | 6387.

§ 4844. (R. S. § 2432,) Former evidence of right to bounty-land
to be received in certain cases.

Where certificate or a warrant for bounty-land for any less quan-
tity than one hundred and sixty acres has been issued to any officer
or soldier, or to the widow or 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 pre-
ceding section, on proof of the identity of such officer or soldier, or,

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§ 4844 THB PUBLIC LANDS (Tit 32

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 sat-
isfied that the former warrant was properly granted, he may i-equire
additional evidence, as well of the term as of the fact of service.
Act Umj 14, 1856, c 26, 1 1, 11 Stat S.

§ 4845. (R. S. § 2433.) Allowance of time of service for distance
from home to place of muster or discharge.
When any company, battalion, or regiment, in an organized form,
marched more than twenty miles to the place where they were mus-
tered into the service of the 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 or-
ganized 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 com-
mand or direction of the President, 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.

Act May 14, 1856, c 26, { 7, 11 Stat 9. Act March 22, 1852, c. 19. { 5,
10 SUt 4.

§ 4846. (R S. § 2434.) Indians included.

The provisions of all the bounty-land laws shall be extended to
Indians, in the same manner and to the same extent as to white per-
sons.

Act March 8, 1855, c. 207, | 7, 10 Stat 702.

§ 4847. (R. S. § 2435.) Former evidence of right to a pension to
be received in certain cases on application for bounty-land.

Where a pension has been g^nted to any officer or soldier, the
evidence upon which such pension was granted shall be received to
establish the service of such officer or soldier in his application for
bounty-land; and upon proof of his identity as such pensioner, a
warrant may be issued to him for the quantity of land to which he is
entitled; and in case of the death of such pensioned officer or sol-
dier, his widow shall be entitled to a warrant for the same quantity
of land to which her husband would have been entitled, it living,
upon proof that she is such widow ; and in case of the death of such
officer or soldier, leaving a minor child and no widow, or where the
widow may have deceased before the issuing of any warrant, such
minor child shall be entitled to a 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. But if, upon a review of
such evidence, the Commissioner of Pensions is not satisfied that
(2000)



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Ch. 10) THE PUBLIC LANDS . § 4852

the pension was properly granted, he may require additional evi-
dence, as well of the term as of the fact of service.
Act May 14, 1856, c. 26, § 2, 11 Stat &

§ 4848. (R. S. § 2436.) Sales, mortgages, letters of attorney, etc.,
made before issue of warrant to be void.

All sales, mortgages, letters of attorney, or other instruments of
writing, going to affect the title or claim to any warrant issued, or
to be issued, or any land granted, or to be granted, under the pre-
ceding provisions of this chapter, made or executed prior to the issue
of such warrant, shall be null and void to all intents and purposes
whatsoever; nor shall such warrant, or the land obtained thereby,
be in anywise affected by, or charged with, or subject to, the pay-
ment of any debt or claim incurred by any officer or soldier, prior
to the issuing of the patent.

Act Sept 28, 1850, c. 85, { 4, 9 Stat 521.

§ 4849. (R. S. § 2437.) Warrants to be located free of expense by
Commissioner of Land-Office, etc.
It shall be the duty of the Commissioner of the General Land-
Office, under such regulations as may be prescribed by the Secretary
of the Interior, to cause to be located, free of expense, any warrant
which the holder may transmit to the General Land-Office for that
purpose, in such State or land-district as the holder or warrantee
may designate, 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, the Secretary shall cause a pat-
ent to be transmitted to such warrantee or holder.
Act Sept 28, 1850, c. 85, { 4, 9 Stat 521.

§ 4850. (R. S. § 2438.) Deserters not entitled to bounty-land.

No person who has been in the military service of the United
States shall, in any case, receive a bounty-land warrant if it appears
by the muster-rolls of his regiment or corps that he deserted or was
dishonorably discharged from service.

Act Sept 28, 1850, c 85, | 1, 9 Stat 520. Act March 3, 1855, c 207, i

1, 10 Stat 701.

§ 4851. (R. S. ^ 2439.) Lost warrants, provisions for.

When a soldier of the Regular Army, who has obtained a military
land-warrant, loses the same, or such warrant is destroyed by acci-
dent, he shall, upon proof thereof to the satisfaction of the Secretary
of the Interior, be entitled to a patent in like manner as if the war-
rant was produced.

Act April 27, 1816, c. 127, § 1, 8 Stat 317.

§ 4852. (R. S. § 2440.) Discharges, omissions, and loss of, pro-
vided for.

In all cases of discharge from the military service of the United
States of any soldier of the Regular Army, when it appears to the
satisfaction of the Secretary of War that a certificate of faithful serv-
ices has been omitted by the neglect of the discharging officer, by
misconstruction of the law, or by any other neglect or casualty, such

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§ 4852 THB PUBLIC LANDS (Tit S2

omission shall not prevent the issuing of the warrant and patent as
in other cases. And when it is proved that any soldier of the Reg-
ular Army has lost his discharge and certificate of faithful service,
the Secretary of War shall cause such papers to be furnished such
soldier as will entitle him to his land-warrant and patent, provided
such measure is justified by the time of his enlistment, the period of
service, and the report of some officer of the corps to which he was
attached.

Act April 27, 1816, c 127, f 2, 8 SUt 317.

§ 4853. (R. S. § 2441.) New warrant issued in lieu of lost war-
rant.
Whenever it appears that any certificate or warrant, issued in pur-
suance of any law granting bounty-land, has been lost or destroyed,
whether the same has been sold and assigned by the warrantee or
not, the Secretary of the Interior is required to cause a new cer-
tificate or warrant of like tenor to be issued in lieu thereof; which
new certificate or warrant may be assigned, located, and patented in
like manner as other certificates or warrants for bounty-land arc
now authorized by law to be assigned, located, and patented ; and in
all cases where warrants have been, or may be, re-issued, the original
warrant, in whoseever hands it may be, shall be deemed and held to
be null and void, and the assignment thereof, if any there be, fraudu-
lent ; and no patent shall ever issue for any land located therewith,
unless such presumption of fraud in the assignment be removed by
due proof that the same was executed by the warrantee in good faith
and for a valuable consideration.

Act June 23, 1860, c. 203, | 1, 12 Stat 90.

The provisions of this section were made applicable to the relssne of acri-
cultural college land scrip canceled or destroyed without fiiolt of the owner
thereof, by Act Jane 20, 1874, c 330, post, f 4872.

§ 4854. (R. S. § 2442.) Regulations by Secretary of Interior.

The Secretary of the Interior is required to prescribe such reg-
ulations for carrying the preceding section into effect as he may
deem necessary and proper in order to protect the Government
against imposition and fraud by persons claiming the benefit thereof ;
and all laws and parts of laws for the punishment of frauds against
the United States are made applicable to frauds under that section.

Act Jane 23, 1860, c. 203, f 2, 12 Stot 9L

See note to R. S. f 2441, ante, f 4853.

§ 4855. (R. S. § 2443.) Mode of issuing patents to the heics of
persons entitled to bounty-lands.
In all cases where an officer or soldier of the revolutionary war,
or a soldier of the war of eighteen hundred and twelve, was entitled
to bounty-land, has died before obtaining a patent for the land, and
where application is made by a part only of the heirs of such de-
ceased officer or soldier for such bounty-land, it shall be the duty of
the Secretary of the Interior to issue the patent in the name of the
heirs of such deceased officer or soldier, without specifying each;
and the patent so issued in the name of the heirs» generally, shall
inure to the benefit of the whole, in such portions as they are sev-

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Ch. 10) THE PUBLIC LANt>S § 4859

erally entitled to by the laws of descent in the State or Territory
where the officer or soldier belonged at the time of his death.
Res. March 8, 1848, No. 1, 5 Stat 650.

§ 4856. (R. S. § 2444.) Death of claimant after establishing right
and before issuing of warrant.
When proof has been or hereafter is filed in the Pension-Office,
during the Hfe-time of a claimant, establishing, to the satisfaction of
that office, his right to a warrant for military services, and such war-
rant has not been, or may not be, issued until after the death of the
claimant, and all such warrants as have been heretofore issued sub-
sequent to the death of the claimant, the title to such warrants shall
vest in his widow, if there be one, and if there be no widow, then in
the heirs or legatees of the claimant; and all military bounty-land
warrants issued pursuant to law shall be treated as personal chat-
tels, and may be conveyed by assignment of such widow, heirs, or
legatees, or by the legal representatives of the deceased claimant,
for the use of such heirs or legatees only.
Act June 3, 1858, c. 84, f 1, 11 Stat. 308.

§ 4857. (R. S. § 2445.)* When proofs may be filed by legal repre-
sentatives.
The legal representatives of a deceased claimant for a bounty-land

warrant, whose claim was filed prior to his death, may file the proofs

necessary to perfect such claim.

Act March 8, 1869, c. 138, 15 Stat 336.

§ 4858. (R. S. § 2446.) Relocation of military boimty-land war-
rants in cases of error.

Where an actual settler on the public lands has sought, or here-
after attempts, to locate the land settled on and improved by him,
with a mihtary bounty-land warrant, and where, from any cause, an
error has occurred in making such location, he is authorized to re-
linquish the land so erroneously located, and to locate such warrant
upon the land so settled upon and improved by him, if the same then
be vacant, and if not, upon any other vacant land, on making proof
of those facts to the satisfaction of the land-officers, according to
such rules and regulations as may be prescribed by the Commission-
er of the General Land-Office, and subject to his final adjudication.
Act March 3, 1853, c. 147, { 1, 10 Stat. 256.

§ 4859. (Act Dec 13, 1894, c. 3.) Bounty warrants and indemnity
certificates receivable in pajrment for lands.
In addition to the benefits now given thereto by law, all un-
satisfied military bounty land warrants under any act of Congress,
and unsatisfied indemnity certificates of location under the Act
of Congress approved June second, eighteen hundred and fifty-
eight, whether heretofore or hereafter issued, shall be receiveable
at the rate of one dollar and twenty-five cents per acre in pay-
ment or part payment for any lands entered under the desert land
law of March third, eighteen hundred and eighty-seven, entitled
"An Act to provide for the sale of desert lands in certain States and
Territories," and the amendments thereto, the timber-culture law of

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4869



THB PUBLIC LANDS



(Tit 32



March third, eighteen hundred and seventy-three, entitled "An Act
to encourage the growth of timber on the Western prairies/* and the
amendments thereto; the timber and stone law of June third, eigh-
teen hundred and seventy-eight, entitled "An Act for the sale of
timber lands in the States of California, Oregon, Nebraska, and
Washington Territory," and the amendments thereto, or for lands
which may be sold at public auction, except such lands as shall have
been purchased from any Indian tribe within ten years last past-
(28 Stat. 594.)

Thig was an act entitled "An act to provide for the location and ntiafac-
tion of outstanding military bounty land warrants and certificates of locatioa
under section three of the act approved June second, eighteen hundred aad
fifty-eight."

The unsatisfied indemnity certificates of location mentioned in this act were
those authorized to be issued to certain named persons by Act June 2, 1858,
c. 81, 11 Stat 294.
The desert-land laws are set forth ante, under chapter 6B of this Title.
The timber-culture laws were repealed by Act March 8, 1891, c. 561, i 1,
post, f 5116.

The timber and stone laws are set forth ante, under diapter 6A of this
Tide.

The laws relating to the sale and disposal of the public lands axe contained
In Chapter 7 of this Title.



CHAPTER TEN A
Reservations and Grants to States for Public Purposes

This chapter, inserted here m additional to the original chapters of TItk
XXXII of the Revised Statutes, includes R. & If 2275, 2276, 2280, 2877-
2379, 2449, 2485-2487, and all other acts of a permanent, general nature re-
lating to reservations by the United States, or grants to the various Stat««,
of public lands in aid of schools, universities, colleges, internal improvements,
and other public purposes.



tfSO.

4860. Settlements before survey on sec-

tions 16 or 36; deficiencies
thereof.

4861. Selections to supply deficiencies

of school lands.

4862. Selection of school lands upon

ceded Indian reservations.

4868. Selection of phosphate or oil
lands by Idaho under indem-
nity and other land grants; res-
ervation of phosphates and oil
to United States.

4864. Application for selection of phos-
phate or oil lands.

4860. Lands selected to be certified to
State; reservation of phosphates
and oil and right to prospect
for and mine it; bond of pros-
pector or miner; occupation of
surface; damages to owner; ob-
jections to classification of
lands; reserved phosphate and

(2004)



oQ deposits not subject to ex-
ploration or entry.

4866. Provisions for selections to sup-

ply deficiencies of school lands,
made applicable to grant of
school lands to State of Utah.

4867. Additional school sections includ-

ed in provisions as applicable
to State of Utah.

4868. Provisions for selections to sup-

ply deficiencies of school lands
made applicable to grant of
school lands to Territory of
New Mexico.

4869. Pre-emptions by counties for

seats of justice.

4870. Fee-simple to pass In all grants

of land to States and Territo-
ries.

4871. Patents f6r wagon-road granu to

Oregon.



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Ch. 10a) the public lands § 4860

flee. flee.

4872. Reissue of agricnltural college South Dakota, Montana, Idaho

land scrip lost or destroyed. and Washington.

4873. Limitation of entries by agricol- 4878. Certain lands selected by Cali-

tural-college scrip. fomia confirmed to that State.

4874. Grant to new States. ^^79. Where selections are on lands

4875. Selections and locations of lands .^ofi xi^f!! Li!!iJ^«« ..o „n^« i«n^

.^^^4.^A «« i« 4. ^s - 4880. Where selections are upon land

granted in last section. surveyed only by State author-



4876. Survey of lands granted to cer-



ity.



tain States. 4381. Representation of Indian claim-

4877. Preference right of selection ants in suits to determine right

granted to North Dajcota, of States to school lands.

§ 4860. (R. S. § 2275, as amended. Act Feb. 28, 1891, c. 384.) Set-
tlements before survey on sections 16 or 36; deficiencies
thereof.
Where settlements with a view to pre-emption or homestead have
been, or shall hereafter be made, before the survey of the lands in
the field, which are found to have been made on sections sixteen or
thirty-six, those sections shall be subject to the claims of such set-
tlers ; and if such sections, or either of them, have been or shall be
granted, reserved, or pledged for the use of schools or colleges in
the State or Territory in which they lie, other lands of equal acreage
are hereby appropriated and granted, and may be selected by said
State or Territory, in lieu of such as may be thus taken by pre-emp-
tion of homestead settlers. And other lands of equal acreage are
also herebv appropriated and granted, and may be selected by said
State or Territory where sections sixteen or thirty-six are mineral
land, or are included within any Indian, military, or other reservation,
or are otherwise disposed of by the United States : Provided, Where
any State is entitled to said sections sixteen and thirty-six, or where
said sections are reserved to any Territory, notwithstanding the same
may be mineral land or embraced within a military, Indian, or other
reservation, the selection of such lands in lieu thereof by said State



Online LibraryUnited StatesCompiled statutes of the United States, 1913 : embracing the statutes of the United States of a general and permanent nature in force December 31, 1913, incorporating under the headings of the revised statutes the subsequent laws, together with explanatory and historical notes → online text (page 108 of 150)