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authorized missionary teachers, and other persons in the employ of Government in connection with Indian affairs, and who inhabited the lands and made improvements thereon prior to said act.

APPLICATION OF SCRIP TO GENERAL LOCALITIES.

Besides these special stipulations in the law in regard to locations in the Minnesota half-breed reservation, the aforesaid statute enlarges the sphere of location by authorizing the location of the scrip

3d. "Upon any other unoccupied lands subject to pre-emption or private sale."

You will understand, however, that no mineral or reserved lands can be taken by this scrip, nor can it be located upon the even-numbered, double minimum, reserved sections, nor upon any lands on which there is an actual settlement; but it may be located

4th. "Upon any other unsurveyed lands, not reserved by Government, upon which they have respectively made improvements."

Where the half-breed for himself may make actual settlement, his improvements will be notice on the ground to any other settler, and in this respect he will stand on the same basis as a pre-emptor of unsurveyed land, and of course cannot adjust his location until after the return of the township plat to the district land office. Hereafter, and within three months, he should repair to such land office, file his scrip with his affidavit, designating specifically, in compact legal subdivisions, the tracts embracing his improvements, and should state in his affidavit the character and extent of these improvements, and file testimony of competent witnesses corroborative of his statement.

5th. When not located by the reservee in proper person, the application to locate must be accompanied by the affidavit of the agent that the reservee is living, and that the location is made for the sole use and benefit of said reservee.

The land selected in satisfaction of a certificate of scrip must of course be located in the name of the party in whose favor the scrip is issued, and the location may be made by him or her in person, or by his or her guardian or duly authorized agent. The application should be duly attested in each case by the Register and Receiver, and attached to each should be your certificate to the following effect:

"LAND OFFICE AT

1864.

"We hereby certify that the within scrip has, this day of

containing

been located on the acres, agreeably to the act of 17th July, 1854, and by the party duly authorized to make the location.

Attest:

Register.
Receiver."

No receipt is to be issued to the locator, except in unavoidable cases, where there may be a small excess in the area of the location over the scrip, and in that case it must be paid for, and the receiver will issue his receipt, which he will number and account for, as in the case of bountyland warrant excess. But no certificate of purchase is to be issued; the scrip and application, instead of certificates of purchase, being the instru ments of title which are to be returned to the General Land Office in this class of business.

The Register, however, in the case of excess payments, will append to

acres of said tract (the

the application his official statement, that
excess) have been paid for, per Receiver's receipt No.

Your proceedings în locating the certificates, and your official returns, are to be kept entirely separate and distinct from other sales and locations. At the close of each month the Register and Receiver will make a separate official return of scrip located, with all the papers on file connected with each location, accompanied by a monthly abstract.

You will observe that this scrip is not assignable, transfers of the same being held void; consequently, each certificate, as herein before stated, can only be located in the name of the Half-breed; and such certificates or scrip are not to be treated as money, but located acre for acre.

No fees or commissions of any kind are allowed by this office for services of the land officers in this matter, such being an incident to their general duties; and you are, therefore, hereby interdicted from charging or receiving any compensation for such services. This scrip is, of course, not applicable to any class of Indian trust lands, but only to unreserved, unencumbered public lands.

Very respectfully, your obedient servant,

J. M. EDMUNDS, Commissioner.

Register and Receiver at

No. 282 B.

Circular.

DEPARTMENT OF THE INTERIOR, GENERAL LAND OFFICE, May 13, 1865.

Gentlemen-Referring to the circular of November 24, 1857, relative to the location of certificates issued under the 7th section of 2d article of the treaty concluded 30th September, 1854, with the Chippewas of Lake Superior, the following instructions in regard to the location of the same are given for your guidance, in accordance with the suggestions of the Secretary of the Interior dated the 26th ultimo :—

1st. The parties, in locating their certificates, are authorized to locate, in any land district in the United States, lands open to entry or ordinary sale; and

2d. Upon any unoccupied public land subject to pre-emption, whether surveyed or unsurveyed. You will understand, however, that no mineral or reserved lands can be taken by these certificates, nor can they be located upon the even-numbered, double minimum, or reserved sections, nor upon any lands on which there is an actual settlement, without the written consent, duly attested, of such settler.

3d. Where the certificates may be filed for unsurveyed lands, and which are not excepted as above, the application must be accompanied by a diagram and description denoting natural objects and distances, so as to fix with certainty the exact locality wanted; or, if a private survey of the land has been made by north and south and east and west lines, the same can be filed with the certificate and application. Such diagram and description or survey will be notice to other parties whereby conflicts may be avoided. When filed for unsurveyed lands, the party should, within three months after the return of the township plat to the District Land Office, repair to such land office, and designate specifically, in compact

legal sub-divisions, the tracts embraced in his diagram and description or survey theretofore filed in said office.

4th. The land selected in satisfaction of a certificate must be located in the name of the party in whose favor the certificate is issued, and the location may be made by him or her in person, or by his or her guardian or duly authorized agent.

The application should be duly attested in each case by the Register and Receiver, and attached to each should be your certificate to the following effect:

containing

LAND OFFICE at

18

We hereby certify that the within certificate has day of been located on the acres, agreeably to the 7th section of the 2d article of the treaty of 30th September, 1854, with the Chippewas, and by the party duly authorized to make the location. Attest:

Register. Receiver.

5th. No receipt is to be issued to the locator except in unavoidable cases where there may be a small excess in the area of the location over the scrip, and in that case it must be paid for, and the Receiver will issue his receipt, which he will number and account for as in the case of bountyland warrant excess. But in such case no certificate of purchase is to be issued; the certificate and application, instead of certificates of purchase, being the instruments of title which are to be returned to the General Land Office in this class of business.

acres of said

6th. The Register, however, in the case of excess payments, will append to the application his official statement, that tract have been paid for, per Receiver's receipt, No.

7th. Your proceedings in locating the certificates and your official returns are to be kept entirely separate and distinct from other sales and locations. At the close of each month the Register and Receiver will make a separate official return of certificates located, with all the papers on file connected with each location, accompanied by a monthly abstract (form B.), in which you will also give the number of the certificates filed for unsurveyed lands, and the name of the party in whose favor such certificate issued.

8th. You will observe that this scrip is not assignable, transfers of the same being held void; consequently, each certificate, as herein before stated, can only be located in the name of the mixed bloods; and such certificates are not to be treated as money, but located acre for acre.

9th. No fees or commissions of any kind are allowed by this office for services of the land officers in this matter, such being an incident to their general duties; and you are, therefore, hereby interdicted from charging or receiving any compensation for such services.

These certificates are, of course, not applicable to any class of Indian trust lands, but only to unreserved, unencumbered public lands.

Very respectfully, your obedient servant,

J. M. EDMUNDS, Commissioner.

Register and Receiver at

No. 283 B.

Circular. Chippewa scrip.

DEPARTMENT OF THE INTERIOR,
GENERAL LAND OFFICE,

September 18, 1866.

Gentlemen-Referring to the circular of May 13, 1865, relative to the location of certificates issued under the seventh section of second article of the treaty concluded 30th September, 1854, with the Chippewas of Lake Superior, the Secretary of the Interior has given instructions under date of 14th inst., that these certificates are not applicable to unsurveyed lands. The circular is therefore herein modified in accordance therewith:

1st, then, The parties, in locating their certificates, are authorized to locate, in any land district in the United States, surveyed lands open to entry or ordinary sale; and

2d. Upon any unoccupied surveyed public land subject to pre-emption, excepting mineral or reserved lands, the even-numbered double minimum, or reserved sections, and any lands on which there is an actual settlement, unless with the written consent of the settler duly attested.

3d. The land selected in satisfaction of a certificate must be located in the name of the party in whose favor the certificate is issued, and the location may be made by him or her in person, or by his or her legal representative, or duly authorized agent, the authority to be duly shown by proper instruments.

4th. The application should be attested in each case by the Register and Receiver, and attached to each should be your certificate to the following effect:

LAND OFFICE,

18-.

day of

We hereby certify that the within certificate has, been located on the

containing

acres, agreeably to the

seventh section of the second article of the treaty of 30th September, 1854, with the Chippewas, and by the party duly authorized to make the location.

Attest:

Register.
Receiver.

5th. No receipt is to be issued to the locator, except where there may be a small excess in the area of the location over the scrip, and in that case such excess must be paid for, and the Receiver must issue his receipt, which he will number and account for as in the case of bounty-land warrant excess. No certificate of purchase, however, is to be issued. In such cases the application duly certified with the scrip being the instrument of title which are to be returned to the General Land Office in this class of business.

6th. The Register in the case of excess payments will append to the application his official statement, that acres of said tract have been paid for per Receiver's receipt No.

7th. Your proceedings in locating the certificates and your official returns are to be kept entirely separate and distinct from other sales and locations. At the close of each month the Register and Receiver will make a separate official return of certificates located, with all the papers on file connected with each location, accompanied by a monthly abstract, Form B.

8th. You will observe that this scrip is not assignable, transfers of the same being held void; consequently, each certificate, as herein before stated, can only be located in the name of the mixed-bloods; and such certificates are not to be treated as money, but located acre for acre.

9. No fees or commissions of any kind are allowed by this office for services of the land officers in this matter, such being an incident to their general duties; and you are, therefore, hereby interdicted from charging or receiving any compensation for such services.

These certificates are, of course, not applicable to any class of Indian trust lands, but only to surveyed unreserved, unencumbered public lands. Very respectfully, your obedient servant,

Register and Receiver at

J. S. WILSON, Commissioner.

No. 284 B.

THE OSAGE INDIAN LANDS.

The following letter, dated November 2, from the Commissioner of the General Land Office to the Register and Receiver at Humboldt, Kansas, contains one or two points of some importance to settlers on the Osage Indian lands :

This office has considered your communication of 17th September last, with inclosures, relative to the form of affidavit and proof required of applicants to enter Osage lands under the joint resolution approved April 10, 1869.

The joint resolution confers the privilege of purchasing the Osage lands upon bona fide settlers residing thereon in quantities not exceeding 160 acres to each settler, having certain prescribed qualifications as to citizenship.

Our general instructions of 3d June, 1869, require that proof of residence, settlement, and cultivation should be made in conformity with the general requirements under the pre-emption statutes. The paramount object is to ascertain that the applicant is a bona fide settler. A person who has made a contract to sell the lands he may acquire title to under the joint resolution cannot be regarded as a bona fide settler, and the affidavit required should so far conform to the usual pre-emption affidavit as to cover this point, as well as any others necessary to aid in making clear the question of bona fides before admitting an entry.

The inhibitions of the pre-emption statutes, limiting the privilege to those who have not had the benefit of the pre-emption right, are not the owners of more than 320 acres, and have not removed from their own land in the same State or Territory, are inapplicable under the joint resolution, while all the requirements of those statutes touching the question of good faith as a settler are applicable, in view of the limitation and restriction of the purchasing privilege to bona fide settlers residing on the tracts. they seek to purchase. You will please conform to these requirements in the matter of proof and affidavit.

Very respectfully,

JOSEPH S. WILSON, Commissioner.

(Where a treaty with an Indian tribe reserves a certain quantity of land, to be afterwards selected by the President, and patented to an individual of the tribe, such reservation creates an equitable interest in the reservee to the land reserved, which he may sell, and upon the selection and patenting of the land the title will vest in his grantee. Creirs et al. v. Burcham et al., 1 Black, p. 352.)

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