to issue in satis

Certificates of by Congress prior to June second, eighteen hundred and location or scrip fifty-eight, and the same, in whole or in part, has not been faction of con- located or satisfied, either for want of a specific location land claimswhich prior to such confirmation, or for any reason whatsoever, cannot be located. Other than a discovery of fraud in such claim subsequent to

firmed private

Issuance and

location of judi

of confirmed pri

such confirmation, it shall be the duty of the surveyor-general of the district in which such claim was situated, upon satisfactory proof that such claim has been so confirmed, and that the same, in whole or in part, remains unsatisfied, to issue to the claimant, or his legal representatives, certificates of location for a quantity of land equal to that so confirmed and unsatisfied; which certificates of location or scrip shall be subdivided according to the request of the confirmee or confirmees, and, as nearly as practicable, in conformity with the legal divisions and subdivisions of the public lands of the United States, and shall 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 same in his own name upon any of the public lands of the United States subject to sale at private entry, at a price not exceeding one dollar and twentyfive cents per acre, and 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.

11 Stat. 294, 295; 20 id. 274, 275. 2 Op. Att. Gen. 506; 3 id. 382. Decisions Sec. Int., April 24, 1878; July 7, 1879; Feb. 28, 1880 (7 Copp's L. O. 55); June 22, 1880 (7 id. 57). Decisions Com. G. L. O., Aug. 26, 1872 (Copp's L. L. 513); April 12, 1873 (id. 527); July 14, 1873 (id. 517); Dec. 14, 1876; March 22, 1879. Cir. G. L. O., Oct. 25, 1860 (Copp's L. L. 523).

SEC. 342. Whenever, in cases prosecuted under the acts cial scrip in lieu of Congress of June twenty-second, eighteen hundred and vate land claims. sixty, March second, eighteen hundred and sixty-seven, and the first section of the act of June tenth, eighteen hundred and seventy-two, providing for the adjustment of private land claims in the States of Florida, Louisiana and Missouri, the validity of the claim has been, or shall be hereafter, recognized by the Supreme Court of the United States, and the court has decreed that the plaintiff or plaintiff's is or are entitled to enter a certain number of acres upon the public lands of the United States, subject to private entry at one dollar and twenty-five cents per acre, or to receive certificate of location for as much of the land the title to which has been established as has been disposed of by the United States, certificate of location shall be issued by the Commissioner of the General Land Office, attested by the seal of said office, to be located as provided for in the sixth section of the aforesaid act of Congress of June twenty-second, eighteen hundred and sixty, or applied according to the provisions of this section; and said certificate of location or scrip shall be subdivided according to the request of the confirmee or confirmees, and, as nearly as practicable, in

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. 332. Decisions Sec. Int., Aug. 4, 1875 (Copp's L. L. 796). 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 appear 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).

cated.

SEC. 344. The warrants issued to William Kinney and Porterfield scrip, how loThomas 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 contained 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.

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 serip, suant to an act of Congress approved April fifth, eighteen how located. 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

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. 0.88). 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. O. 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 scrip. 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.

Lake and Pembina bands.

20 Stat. 536. 2 Op. Att. Gen. 506; 3 id. 382.

Chippewa half- SEC. 347. In lieu of the lands provided for the mixed breed scrip, Red bloods of the Red Lake and Pembina bands of Chippewa 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 halfSuperior bands.

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 breed scrip, Lake 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.

Certain lands located in good

10 Stat. 1110. Larrivier v. Madigan, 1 Dillon, C. C. 445. 2 Op. Att. Gen. 505; 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).

issued to owners of military land

by the United

the Secretary of

SEC. 350. The owners of military land-warrants issued by, Scrip may be the United States in satisfaction of claims for bounty land for service during the revolutionary war, their heirs and warrants, issued assigns, shall be, and they are hereby, authorized to sur-States in satisfacrender, to the Secretary of the Interior, such of their war- tion of claims for bounty land for rants for the said land bounties as shall remain unsatisfied, service during revolutionary 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 i sued 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. O. 151).

SEC. 351. All outstanding military land-warrants or parts Secretary of Inof warrants issued upon allowances made by the executive terior may upon proof issue scrip of the commonwealth of Virginia prior to the first day of in satisfaction of March, one thousand eight hundred and fifty-two, for mil- ing Virginia landitary services performed by the officers and soldiers, seamen warrants.

certain outstand

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 Virginia 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, chapter xii.

For laws relating to soldiers' additional homestead claims, see Homesteads, chapter viii.

For certificates of deposit to be used by settlers in payment for pub lic lands, see Surveys and Surveyors, chapter iii.