and pre-emption laws. Upon default of said town authorities to make such selection within sixty days after notification by the Commissioner, he may direct testimony respecting the actual location and extent of said improvements, to be taken by the register and receiver of the district in which such town may be situated; and, upon receipt of the same, he may determine and set off the proper site according to section two hundred and ninety-nine, and declare the remaining lands open to settlement and entry under the homestead and pre-emption laws; and it shall be the duty of the secretary of each of the Territories of the United States to furnish Copies of acts the surveyor-general of the Territory for the use of the United incorporating towns, how fur. States a copy duly certified of every act of the legislature of the Territory incorporating any city or town, the same to be forwarded by such secretary to the surveyor-general within one month from date of its approval. nished. Certain acts of trustees to be void. Pre-emptions by counties for 19 Stat. 392. Decisions Sec. Int., Oct. 1, 1879 (6 Copp's L. O. 109); Oct. 8, 1879 (6 id. 110). SEC. 302. Any act of the trustees not made in conformity to the regulations alluded to in section two hundred and ninety-four shall be void. 14 Stat. 541; 18 id. 254; R. S. 2391. Cathcart v. Kortum, 11 Minn. 45; Setter v. Avery, 15 Kansas, 157; Treadway v. Wilder, 8 Nev. 91; Treadway v. Wilder, 9 id. 67; Edwards v. Tracy, 2 Montana, 49; Hall v. Ashby, 2 id. 489. SEC. 303. There shall be granted to the several counties seats of justice. or parishes of each State and Territory, where there are public lands, at the minimum price for which public lands of the United States are sold, the right of pre-emption to one quarter-section of land, in each of the counties or parishes, in trust for such counties or parishes, respectively, for the establishment of seats of justice therein; but the proceeds of the sale of each of such quarter-sections shall be appropriated for the purpose of erecting public buildings in the county or parish for which it is located, after deducting therefrom the amount originally paid for the same. And the seat of justice for such counties or parishes, respectively, shall be fixed previously to a sale of the adjoining lands within the county or parish for which the same is located. No title acquired to gold 4 Stat. 50; R. S. 2286. Whitelaw v. Reese, 4 Oreg. 335. SEC. 304. No title shall be acquired, under the foregoing mines, &c., or to provisions of this chapter, to any mine of gold, silver, cinna mining claim, &c. bar, or copper; or to any valid mining claim or possession held under existing laws. Military or other reservations, &c. 14 Stat. 541; 15 id. 67; 18 id. 254; R. S. 2392. Decision Sec. Int., March 4, 1879 (6 Copp's L. O. 3). Decisions Com. G. L. O., April 21, 1874 (1 Copp's L. O. 19); June 16, 1874 (Copp's L. L. 698); Dec. 23, 1875 (2 Copp's L. O. 150); Oct. 27, 1876 (3 id. 114); Nov. 23, 1876 (3 id. 131); April 9, 1877 (4 id. 46). SEC. 305. The provisions of this chapter shall not apply to military or other reservations heretofore made by the United States, nor to reservations for light-houses, customhouses, mints, or such other public purposes as the interests of the United States may require, whether held under reservations through the Land Office by title derived from the Crown of Spain, or otherwise. 14 Stat. 541; 19 id. 264; R. S. 2393. SEC. 306. The inhabitants of any town located on the pub- Inhabitants of towns on public lic lands may avail themselves, if the town authorities choose lands, right of, to to do so, of the provisions of sections two hundred and ninety. enter. four, two hundred and ninety-five, and two hundred and ninety-six; and, in addition to the minimum price of the lands embracing any town site so entered, there shall be paid by the parties availing themselves of such provisions all costs of surveying and platting any such town site, and expenses incident thereto incurred by the United States, before any patent issues therefor; but nothing contained in the sections herein cited shall prevent the issuance of patents to persons who have made or may hereafter make entries, and elect to proceed under other laws relative to town sites in this chapter set forth. 15 Stat. 67; 18 id. 254; R. S. 2394. 8 LO Sec. CHAPTER ELEVEN. BOUNTY-LAND WARRANTS AND SCRIP. 307. Bounty lands for soldiers in certain wars. 308. Certain classes of persons in the Mexican war, their widows, &c., entitled to forty acres. 309. Militia and volunteers in service since 1812. 310. Persons not entitled under preceding sections. 311. Period of captivity added to actual 312. Warrant and patent to issue, when. 317. Widows and children of persons en- 318. Subsequent marriage of widow. 319. Minors under section 317. 320. Proof of service. 321. Former evidence of right to bounty 342. Issuance and location of judicial scrip land to be received in certain cases. 322. Allowance of time of service for distance from home to place of muster or discharge. 323. Indians included. 324. Former evidence of right to a pension in lieu of confirmed private land claims. 343. Patent to issue on scrip locations. 344. Porterfield scrip, how located. 345. Valentine scrip, how located. 346. Coles scrip, how issued and located. 347. Chippewa half-breed scrip, Red Lake and Pembina bands. 348. Chippewa half-breed scrip, Lake Superior bands. 349. Certain lands located in good faith by claims arising under treaty of Sept. 30, 1854, may be purchased, &c. 328. New warrant issued in lieu of lost warrant. 350. 351. Scrip to be issued in lieu of revolutionary bounty-land warrants. Scrip to be issued in lieu of Virginia bounty-land warrants. 329. Regulations of Secretary of Interior. 330. Death of claimant after establishing right, and before issuing of warant. 331. When proofs may be filed by legal representatives. SEC. 307. Each of the surviving, or the widow or minor for soldiers in cer- children of deceased commissioned and non-commissioned Bounty lands tain wars. 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 ou 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 114 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. Certain classes Mexican war, 9 Stat. 125, 126, 520; R. S. 2418. 2 Op. Att. Gen. 501, 506; 3 id. 382; 5 id. 387, (09, 702; 9 id. 427. People v. Auditor, 9 Mich. 134; Matthews v. Rector, 24 Ohio St. 439. Cir. G. L. O., June 3, 1847 (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 section received into service after the commencement of the of persons in the war with Mexico, for less than twelve months, and who their widows, served such term, or were honorably discharged, are enti- &c., entitled to 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 since 1812. SEC. 309. Where the militia, or volunteers, or State troops Militia and volof any State or Territory, subsequent to the eighteenth day unteers in service 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 Persons not en ceding sections. 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. SEC. 310. No person shall take any benefit under the protitled under pre-visions of the three preceding sections, if he has received, or 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. Period of captivity added to actual service. Warrant and when. 9 Stat. 520; R. S. 2421. Decisions Sec. Int., April 12, 1855 (1 Lester's L. L. 614). SEC. 311. The period during which any officer or soldier 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. SEC. 312. Every person for whom provision is made by patent 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. Widows of peraons entitled. Additional bounty lands, &c. 9 Stat. 520; R. S. 2423. Wirth v. Branson, 8 Otto, 118. 2 Op. Att. Gen. 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 Co., 46 id. 253; Calder v. Keegan, 30 Wis. 125; Ausley v. Petenon, 30 id. 653; Merrill v. Hartwell, 11 Mich. 200; Johnson v. Gilfillan, 8 Minn. 395; Brill v. Styles, 35 Ills. 305. Cir. G. L. O., March 31, 1851 (1 Lester's L. L. 581). Cir. Com. Pensions, 1879. 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. SEC. 314. Each of the surviving persons specified in the 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 |