conformity with the legal divisions and subdivisions of the public lands of the United States, and shall be, and are hereby declared to be, assignable by deed or instrument of writing, according to the form and pursuant to regulations 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 scrip, including the right to locate the scrip in his own name; such scrip shall be received from actual settlers only in payment of pre-emption claims or in commutation of homestead claims, in the same manner and to the same extent as is now authorized by law in the case of military bounty-land warrants. 12 Stat. 85, 86; 20 id. 274, 275. 2 Op. Att. Gen. 503; 3 id. 382. Decisions Sec. Int., Aug. 4, 1875 (Copp's L. L. 795). Decisions Com. G. L. O., March 31, 1879. Cir. G. L. O., Oct. 8, 1874 (Copp's L. L. 797); Sept. 15, 1875 (2 Copp's L. O. 102); Feb. 13, 1879 (5 id. 181). SEC. 343. The register of the proper land office, upon any Patent to issue certificate issued under the two preceding sections being on scriplocations. located, shall issue, in the name of the party making the location, a certificate of entry, upon which, if it shall ap pear to the satisfaction of the Commissioner of the General Land Office that such certificate has been fairly obtained, according to the true intent and meaning of said sections, a patent shall issue, as in other cases, in the name of the locator or his legal representative. 12 Stat. 85, 86; 20 id. 274, 275. Decisions Com. G. L. O., Aug. 7, 1874 (1 Copp's L. 0.92). Cir. G. L. O., Oct. 8, 1874 (Copp's L. L. 797, 1 Copp's L. O. 124); Sept. 15, 1875 (2 Copp's L. O. 102); Feb. 13, 1879 (5 id. 181); May 8, 1879 (6 id. 54). SEC. 344. The warrants issued to William Kinney and Thomas J. Michie, executors of the last will and testament of Robert Porterfield, deceased, pursuant to the act of Congress approved April eleventh, eighteen hundred and sixty, may be by them located on any of the public lands which have been or may be surveyed, and which have not been otherwise appropriated at the time of such location within any of the States or Territories of the United States where the minimum price for the same shall not exceed the sum of one dollar and twenty-five cents per acre; to be selected and located in conformity with the legal subdivisions of the public surveys, and appropriated according to the directions con tained in the last will and testament of the said Robert Porterfield, deceased, in the same manner and for the purposes directed in regard to the lands which were lost by the said legal representatives in the action with Clark and others, as decided by the Supreme Court of the United States. Porterfield scrip, how lo. cated. 12 Stat. 836. 2 Op. Att. Gen. 506; 3 id. 382. Parker v. Duff, 47 Cal. 554. Decisions Sec. Int., Nov. 2, 1871 (Copp's L. L. 803); July 25, 1872 (id. 805). Decisions Com. G. L. O., March 16, 1870 (Copp's L. L. 216). Form of scrip: Copp's L. L. 805. SEC. 345. The scrip issued to Thomas B. Valentine, pur- Valentine scrip. suant to an act of Congress approved April fifth, eighteen hundred and seventy-two, may be located by said Valentine or his legal representatives upon any of the unoccupied and unappropriated public lands of the United States, not mineral, and in tracts not less than the subdivisions provided how located. scrip. for in the United States land laws, and, if unsurveyed when taken, to conform, when surveyed, to the general system of United States land surveys, and patents shall be allowed therefor. 17 Stat. 649. 2 Op. Att. Gen. 506; 3 id. 382. Decisions Sec. Int., Feb. 28, 1879 (6 Copp's L. O. 22); March 19, 1879; July 17, 1880 (7 Copp's L. O. 88). Decisions Com. G. L. O., Feb. 12, 1878 (4 Copp's L. O. 186); Nov. 22, 1876 (3 id. 172). Cir. G. L. O., June 17, 1874 (Copp's L. L. 806, 1 Copp's L. O. 69); Jan. 6, 1876 (2 Copp's L. 0. 183). Providing for SEC. 346. The Commissioner of the General Land Office issuing and location of Coles is authorized and required to issue warrants, in lieu of Iowa swamp-land indemnity certificates numbered ninety-two and ninety-three, to Robert Coles, in accordance with the legal subdivisions of the public lands, in quantities not less than eighty acres, which may be located by the said Robert Coles, his heirs or assigns, upon any of the public lands not mineral, or coal or double-minimum lands, subject to entry by pre-emption, or under the provisions of the homestead act; which warrants may also be received from actual settlers in payment of pre-emption claims or in commutation of homestead claims, in the same manner and to the same extent as is now authorized by law in the case of military bounty-land warrants: Provided, That said locations do not interfere with prior pre-emption or homestead rights; and patents may issue therefor the same as provided for military bounty-land warrants or lands sold for cash. Chippewa halfbreed scrip, Red Lake and Pem 20 Stat. 536. 2 Op. Att. Gen. 506; 3 id. 382. SEC. 347. In lieu of the lands provided for the mixed bloods of the Red Lake and Pembina bands of Chippewa bina bands. Indians by article eight of the treaty concluded at the Old Crossing of Red Lake River, on October second, eighteen hundred and sixty-three, scrip shall be issued to such of said mixed bloods as shall so elect, which shall entitle the holder to a like amount of land, and may be located upon any of the lands ceded by said treaty, but not elsewhere, and shall be accepted by said mixed bloods in lieu of all future claims for annuities. Chippewa halfbreed scrip, Lake Superior bands. Certain lands located in good 13 Stat. 669, 690; Revised Indian Treaties, 256, 259. 2 Op. Att. Gen. 506; 3 id. 382. Cir. G. L. O., April 20, 1871 (Copp's L. L. 712). SEC. 348. Each head of a family or single person over twenty-one years of age on September thirtieth, eighteen hundred and fifty-four, of the mixed bloods, belonging to the Chippewas of Lake Superior, shall be entitled to eighty acres of land, to be selected by them under the direction of the President, and which shall be secured to them by patent in the usual form. 10 Stat. 1110. Larrivier v. Madigan, 1 Dillon, C. C. 445. 2 Op. Att. Gen. 506; 3 id. 382. Cir. G. L. O., Nov. 24, 1857 (Zab. L. L. 308); May 13, 1865 (id. 313); April 21, 1871 (Copp's L. L. 712); March 15, 1873 (id. 707). SEC. 349. The Secretary of the Interior is authorized to faith by claims permit the purchase, with cash or military bounty-land wararising under rants, of such lands as may have been located with claims aristreaty of September 30, 1854, may ing under the seventh clause of the second article of the treaty be purchased, &c. of September thirty, eighteen hundred and fifty-four, at such. price per acre as he deems equitable and proper, but not at a less price than one dollar and twenty-five cents per acre, and the owners and holders of such claims in good faith are also permitted to complete their entries, and to perfect their titles under such claims upon compliance with the terms above mentioned; but it must be shown to the satisfaction of the Secretary of the Interior that such claims are held by innocent parties in good faith, and that the locations made under such claims have been made in good faith and by innocent holders of the same. 17 Stat. 340; R. S. 2368. Decision Com. G. L. O., Dec. 1, 1876 (4 Copp's L. O. 109). Scrip may be revolutionary the Secretary of SEC. 350. The owners of military land-warrants issued by issued to owners the United States in satisfaction of claims for bounty land of military landfor service during the revolutionary war, their heirs and warrants, issued by the United assigns, shall be, and they are hereby, authorized to sur-States in satisfac render, to the Secretary of the Interior, such of their wartion of claims for bounty land for rants for the said land bounties as shall remain unsatisfied, service during in whole or in part, and to receive certificates or scrip for war, upon surthe same, at any time before the first day of September, one render thereof to thousand eight hundred and thirty-five, which certificate or the Interior. scrip shall be issued by the said Secretary, and signed by him and countersigned by the Commissioner of the General Land Office in the following manner, that is to say: There shall be a separate certificate or scrip, for such sum as shall, at the time of issuing the same, be equal to the then minimum price of each quantity of eighty acres of land due by such warrant, and remaining unsatisfied at the time of such surrender, and a like certificate or scrip for such sum as, at the time, shall be equal to the minimum price of the quantity that shall so remain unsatisfied, of any such warrant after such subdivisions of the amount into quantities of eighty acres. All certificates or scrip issued in virtue of any warrant granted after the thirtieth day of May, one thousand eight hundred and thirty, shall be issued to the party originally entitled thereto, or his heir or heirs, devisee or devisees, as the case may be. The certificates or scrip issued under the provisions of this section, shall be receivable in payment for any of the public lands liable to sale at private entry; but such certificate or scrip shall not entitle the holder to enter or purchase any settled or occupied lands, without the written consent of such settlers or occupants, as may be actually residing on said lands at the time the same shall be entered or applied for. All such certificates or scrip shall be assignable, by indorsement thereon, attested by two witnesses. 4 Stat. 422, 423, 424, 665, 770. 2 Op. Att. Gen. 385; 3 id. 246. Decision Sec. Int., June 14, 1858 (1 Lester's L. L. 480). Cir. G. L. O., Aug. 17, 1853 (1 Lester's L. L. 682); June 14, 1860 (Copp's L. L. 739); July 1, 1871; Dec. 16, 1874 (Copp's L. L. 741; 1 Copp's L. 0. 151). SEC. 351. All outstanding military land-warrants or parts of warrants issued upon allowances made by the executive. of the commonwealth of Virginia prior to the first day of March, one thousand eight hundred and fifty-two, for military services performed by the officers and soldiers, seamen Secretary of In terior may upon proof issue scrip in satisfaction of ing Virginia land certain outstand warrants. Proviso. or marines, of the Virginia State and continental lines in the Army or Navy of the Revolution, may be surrendered to the Secretary of the Interior, who, upon being satisfied, by a revision of the proofs or by additional testimony, that any warrant thus surrendered was fairly and justly issued in pursuance of the laws of said commonwealth, for military services so rendered, and that the same comes within the provisions recognized by the Department of the Interior in the execution of the provisions of "An act making further provision for the satisfaction of Virginia land-warrants," approved August thirty-first, one thousand eight hundred and fifty-two, shall issue land scrip in favor of the present proprietors of any warrant thus surrendered, for the whole or any portion thereof yet unsatisfied, at the rate of one dollar and twenty-five cents for each acre mentioned in the warrant thus surrendered and which remains unsatisfied, which scrip shall be receivable in payment for any lands owned by the United States subject to sale at private entry; and said scrip shall, moreover, be assignable by indorsement attested by two witnesses. In issuing such scrip, the Secretary is authorized, when there are more persons than one interested in the same warrant to issue to each person scrip for his or her portion of the warrant; and where infants or feme-coverts may be entitled to any scrip, the guardian of the infant and the husband of the feme-covert may receive and sell or locate the same: Provided, That no less than a legal subdivision shall be entered and paid for by the scrip issued in virtue of this section: And provided further, That no warrant or part of warrant shall be satisfied in scrip, founded or issued on any allowance made by the executive of Vir ginia since the first day of March, eighteen hundred and fifty-two. 10 Stat. 143; 12 id. 84. 9 Op. Att. Gen. 156, 352, 354; 6 id. 243; 7 id. 32, 652. Cir. G. L. O., July 20, 1875 (Copp's L. L. 742). NOTE.-For laws relating to agricultural-college scrip and swamp-land indemnity locations, see General Grants to States and Territories, chap ter xii. For laws relating to soldiers' additional homestead claims, see Home steads, chapter viii. For certificates of deposit to be used by settlers in payment for pub lic lands, see Surveys and Surveyors, chapter iii. Sec. CHAPTER TWELVE. GENERAL GRANTS TO STATES AND TERRITORIES. 352. Grant to new States. 353. Selections and locations of lands granted in last section. 354. Grant of swamp and overflowed lands to certain States to aid in construction of levees, &c. 355. Secretary of Interior to make lists of such lands for transmission to the governors of the States. 356. Legal subdivisions mostly wet and 357. Indemnity to States where lands have 360. Swamp-land grants to Oregon and 361. Public lands not mineral granted to each State for purpose of establishing agricultural colleges. 362. Agricultural-college scrip, to be issued, when. 363. Proceeds of sales, how applied. Assignees of State to locate scrip. May be located on offered lands or received from pre-emption settlers in payment for lands. 364. Expenses of management, &c., to be paid by States. Moneys from sale of land and scrip to be invested, and interest applied to support of college of agriculture and mechanic arts. 365. Conditions of grant, assent of States. Diminution of fund to be made up by State. Annual interest to be applied regularly. Funds to be expended for buildings. College to be furnished or moneys refunded to United States. Annual reports of colleges. Computation when double-minimum lands are selected. States in rebellion not entitled to 378. 379. 380. 381. 382. Fee-simple to pass in all grants of After deducting said 10 per cent., Money due to be first applied to pay- 385. SEC. 352. There is granted, for purposes of internal im- Grant to new provement, to each new State hereafter admitted into the States. Union, upon such admission, so much public land as, including the quantity that was granted to such State before its admission and while under a Territorial government, will make five hundred thousand acres. 5 Stat. 455; R. S. 2378. Foley v. Harrison, 15 How. 433; Shepley . Cowan, 1 Otto, 330. Patterson v. Saturn, 3 Saw C. C. 164. Dall v. Meador, 16 Cal. 296; Van Valkenburg v. McCloud, 21 id. 330; Megerle v. Ashe, 27 id. 322; Bludworth . Lake, 33 id. 255. 9 LO 129 |