and pay the difference in cash. So also of one hundred and sixty-acre warrants.

Where parties may desire to avail themselves of the privilege of having their warrants located through the General Land Office, as provided for by the act of 28th September, 1850, they must take the necessary steps to pay to the Register and Receiver the fees to which they are entitled. The same course must be observed by persons remote from the district land officers in making applications by letter to those officers. Without the payment of those fees the warrants cannot be located.

By the terms of this law, the fees of officers are as follows: For a 40-acre warrant, fifty cents each to Register and Receiver. Total $1.

For an 80-acre warrant, one dollar each to Register and Receiver. Total $2.

For a 160-acre warrant, two dollars each to Register and Receiver. Total $4.

The following is a form giving authority to sell warrants and locations under powers of attorney, which, however, must invariably be indorsed on the warrant, or they will not be recognized:

FORM OF A POWER OF ATTORNEY.

of

Know all men by these presents, that I (here insert the name of the warrantee), of the County of and State of do hereby constitute and appoint my true and lawful attorney, for me, and in my name, to sell and convey the within land warrant, No. acres of land, which issued under the act of Sep

for tember, 1850. Signed in presence of

(Warrantee's signature.)

The acknowledgment of this power of attorney must be taken and certified in the same manner as the acknowledgments of the sales of the warrant or certificate of location herein before prescribed, and must also be indorsed on the warrant.

GENERAL LAND OFFICE,
November 1st, 1858.

Annexed is a copy of the act of Congress, approved June 3d, 1858, "declaring the title to land warrants in certain cases." In virtue of this act, the title to land warrants issued after the

death of the warrantee vests in the "widow," if there be one, and if there be none, in the heirs or legatees of the claimant.

All such warrants are declared "personal chattels," and may be assigned by "such widows," "heirs," or "legatees," or by the legal representatives of the deceased claimant, for the use of such heirs or legatees only.

To make a warrant, when issued to deceased persons, available, it should be accompanied by a certificate, under seal, from a court having jurisdiction of probate matters, giving the date of the decease of the claimant.

1st. If he died before the date of the warrant, then the name of his "widow" should be stated in that certificate, if there be one, whose assignment will be sufficient in the ordinary form.

2d. If no widow, that fact should appear in the certificate of the probate court showing the names of the heirs, and only heirsat-law, of the claimant, naming such as are adults, and such as are minors. If all are adults, then their simple transfer is all that is required on the warrant, to which the certificate of the probate court must be appended; if some, or all, are minors, they may assign by their guardians, whose letter of guardianship should also be appended.

3d. If the claimant died after the date of the warrant, then the title thereto descends according to the law of domicile.

In this class of cases, if the claimant died intestate, there should be a certificate from the probate court giving the names of the heirs, and only heirs-at-law, who, if adults, may assign, as in ordinary cases; and if minors, may assign by guardians, as aforesaid.

If the warrantee died testate, a certified transcript of the will should be annexed, with an assignment by the legatees or by the executors, where the will does not specifically dispose of the warrant; but in that case a transcript of the letters testamentary must accompany the transfer.

4th. Or, in any of the foregoing cases of intestacy, the warrant may be assigned by the administrator of the decedent, as his legal representative, "for the use of the heirs only;" but the assignment must be accompanied by a certified copy of the letters of administration.

5th. In virtue of the 2d section of said act of 3d June, 1858, warrants under the act of 1855, as well as those issued under previous laws, may be applied to lands "which are subject to entry at a greater minimum than" $1.25 per acre, hy the locator paying "in cash, the difference between the value of such warrants at one dollar and twenty-five cents per acre, and the tract of land located on.'

Thus, for example, 160-acre warrant may be located on 160 acres at $2.50 per acre, and the difference, $200, paid in cash, or

2 warrants of 80 acres each, or 4 warrants of 40 acres, may be applied to 160-acre tract—each, however, to be located on a specific legal subdivision of the 160 acres—and the difference, $200, must in all cases be paid in cash.

6th. In regard to all pre-emptions, at one dollar and twentyfive cents per acre, it is held, that a pre-emptor may use one, two, or more warrants in locating the land pre-empted, each warrant to cover a specific subdivision of the land—that is, a 40-acre warrant must be located on a specific 40-acre tract, an 80 on an 80acre tract, and so on.

When a subdivision is fractional, and overruns the number of acres called for by the warrant, the fractional excess must be paid for in cash.

The following general sections are added for the information of parties interested:

7th. Patents for bounty land locations are issued in the exact order of date of location; and are sent to the district land office for delivery, unless, before the transmission, a party files, in this office, the duplicate certificate, when the patent will be sent to such address as the owner may indicate.

8th. When the duplicate certificate is lost, the patent will be delivered, upon the patentee filing in this office his affidavit, stating the fact of its loss, and that it was not assigned by him, and that he is the present bona fide owner of the land.

9th. When an original warrant which had been assigned is lost, and a duplicate warrant is issued in lieu of it, a new assignment must be indorsed thereon from the warrantee, or in default of that, a decree of title must be obtained from a court of competent jurisdiction, and a transcript thereof appended to the dupli

cate warrant.

AN ACT declaring the title to land warrants in certain cases.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That when proof has been or shall hereafter be filed in the Pension Office, during the lifetime of a claimant, establishing, to the satisfaction of that office, his or her right to a warrant for military services, and such warrant has not been or may not hereafter be issued until after the death of the claimant, and all such warrants as have been heretofore issued subsequent to the death of the claimant, the title to such warrants shall vest in the widow, if there be one, and if there be no widow, then in the heirs or legatees of the claimant; and all such warrants, and all other warrants issued pursuant to existing laws, shall be treated as personal chattels, 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.

SEC. 2. And be it further enacted, That the provisions of the first sec

tion of the act approved March twenty-two, eighteen hundred and fiftytwo, to make land warrants assignable, and for other purposes, shall be so extended as to embrace land warrants issued under the act of the third March, eighteen hundred and fifty-five.

Approved June 3d, 1858.

AN ACT to authorize the reissue of land warrants in certain cases, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That whenever it shall appear that any certificate or warrant, issued in pursuance of any law of the United States granting bounty land, has been lost or destroyed, whether the same had been sold and assigned by the warrantee or not, the Secretary of the Interior shall be, and he is hereby, authorized and required to cause a new certificate 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 war'rants for bounty land are now authorized by law to be assigned, located, and patented; and in all cases where warrants have been or may be reissued, the original warrant, in whosever hands it may be, shall be deemed and held to be null and void, and the assignment thereof, if any there be, fraudulent; 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.

SEC. 2. And be it further enacted, That the said Secretary of the Interior shall be, and he is hereby, authorized and required to prescribe such rules and regulations for carrying this act into effect as he may deem necessary and proper in order to protect the government against imposition and fraud by persons claiming the benefit of this act; and all laws and parts of laws for the punishment of false swearing and frauds against the United States are hereby made applicable to false swearing and fraud under this act.

Approved June 23d, 1860.

1st. Whenever a warrant has failed to reach the hands of the party entitled to receive it, and to whom it was sent, or has been lost or destroyed after having been received, in order to prevent the issuing of a patent to a fraudulent holder of the same, the actual owner must at once file in the General Land Office a caveat in the form of an affidavit, duly authenticated, setting forth the nature of his title to the warrant, and the particulars as to its loss, and giving his post-office address.

2d. He must give public notice of the facts in the case, at least once a week for six successive weeks, in some newspaper of general circulation published at or nearest the place to which the warrant was directed, or where the loss occurred. In such publication (a copy of which must be furnished to Commissioner of

Pensions, with the affidavit of the publisher as to its due appearance) the intention must also be expressed of applying to the Commissioner of Pensions for a reissue of the lost warrant, which must be minutely described.

3d. The filing of the caveat in the General Land Office, and the advertisement of the loss being only preliminary steps towards the observance of the regulations, the owner of the lost warrant must file in the Pension Office as soon after the discovery of the loss as practicable, his declaration under oath, duly authenticated. setting forth fully and distinctly the time, place, and circumstances of the loss, and, if he be the original warrantee, that he never sold, assigned, nor voluntarily parted with his right to the warrant in question.

4th. In cases where a reissue of a warrant is sought on the ground of the non-reception of the original warrant, the agent or person to whom it was sent must unite with the warrantee or make a separate affidavit as to its non-reception.

5th. If the applicant for the reissue be not the person to whom the warrant was issued, but claims to be the owner thereof by purchase for a valuable consideration, he must give the name and residence of the warrantee, the name and residence of the person of whom he bought it, and, as far as he may know, or can ascertain, the names and residences of each of the several parties through whom the title of the warrant descended to him from the original warrantee, and adduce satisfactory evidence in proof of each and all his statements in reference thereto.

6th. The identity of the applicant must be satisfactorily established, and the credibility of each and every affiant must be duly certified by the magistrate administering the oaths, and his official character and signature must be verified by the proper officer under his seal of office.

7th. The Pension Office will also, for the space of three months, advertise the alleged loss of the original warrant and the pendency before it of the application for its reissue in the "Constitution" newspaper, published at the seat of government; and no warrant will be reissued under the foregoing act until after the expiration of three months from the date of the filing of the petition in this office, and not then if it shall appear that the original warrant is in existence.