Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1858-11-11
Importaat Reeulations in Relation 70 Land
Werra1fN-

Important Regulations in kslstion % Leno
Warrants.
GEEERAL LAND OFFrcK,1
November 1, 1858
Annexed is q copy of the act Of Congress-
xnnrovsd LONE 3. 1883, " declaring the title 70
land warrants in certain cases"
To virtue Of this act, the title to land war
rants Issued after the death Of the warrantee
rests IL the 8 widow" if there be one, and Il
there be none, In the heirs or legatees OF Tie
claimant.
AN sueh warrants are declared {" personal
chRttels . and nav be assigned By such " wid-
ows.. 81 heirs.D or iegstees,s or BY the " is-
gal representatives Of the deceased claimant,
for the use Of such heirs or legstses only.1
To make a warrant, when issued 70 deceased
persons, available, Il should be accompanied
By q certihcste, under seal from a court hav-
ing jurisdiction Of probate matters, giving the
date Of the dsetsss Of TIE claimant.
!. II be died before The date OF the warrant
then the name of the 81 wiaov . should be sta
ted in that certificate, if there be one, whose
assignment viii be sufficient in the ordinary
form.
2 II no widow, that fact shosld appear in
the certificate of the probate court showing
the nsnes Of the heirs, and only heirs-at-law,
Of the claimant, naming such as are adHlts
and such as are minors. II all are adults, then
their simple transfer is all that is required on
tie warrant, TO which tie certificate of the
probate court must be appended; If so1e, OF
all, are minors, they may sEsign BY their guar
dis1s, whose letter Of guardianship should also
be appended
3. IL the claimant died -ofa the date Of the
warrant, then the title thereto dsscends sceor-
ding to the law Of domieil.
In this class Of cases, II the claimant died
i~atsslafe. there should be a certificate from The
probate court giving the names Of the heirs,
and only heirs-st-lsw, who, II adults, may as
Eign, as in ordinary cases and il minors, nay
assign BY guardians, as aforesaid
II the Warrantse died fsSfGte 4 certified tran
script Of the will should be annexed, with ar
assignment BY the lsgstees or By the executors,
where the viii does not specifically dispose Of
the warrants; but in that case a transcript of
taslstters testansntsry must accompany the
trGuSEer.
4 Or, IN any OF the foregoing cases OF intss-
tacy. the warrant may be assigned By the ad-
ninisIstor Of the d~eesdent, as bis legal rep
resentstive, for the use Of the heirs only, ,
but the assignment must be accompanied by a
certified copy Of the letters Of administration.
5 10 virtue Of the ID section Of the said act
Of % Of June, 1858, warrants under The act Of
1855, as well as those issued uncer previous
laws, may be applied to lands which are sub
jeet to entry at a greater minimum than" 81 p
per acre, sy tbs locator paying " in cash tie
difference between the value Of such warrants
at one dollar and twenty-five cents per acre,
aud the tract OF land located on.1
Thus, for example, I60-scTe warrant NAV be
located Oh 100 acres at 81 30 per acre, and the
difference, 500. paid in cash, or tw0 warrants
Of 50 acres each, or four warrants Of 40 acres
NAV be applied to 160-acrs tract, each, how.
ever, 70 be located on a specific legal s1bdivi.
siou Of the 100 acres, and the difference. $500,
must in all cases be paid in cash.
8. II regard TO all prescriptions at one dollar
azd treaty fire cents per acre, it is held that q
pre-enptoT may use one, two, or more war
rants IL locating the land p~re-empted. each
warrant to cover a specific Subdivision Of the
land--hst is, 8 40-sere warrant must be To-
Gated on e specific 40-acre tract, az so on an
s0-scre tract, and 90 on.
When e subdivision is fractional, and over
runs the number Of acres called for By the
warrant the fractional excess must be paid for
in cash.
In all respects, except 50 far az qualified by
The foregoing, the circular and its forms Of 81
NAV, 1855, viii govern in regard to bounty
land warrants.
The following general sections are addedfOT
tie Information Of parties interested:
Z Patents for bodnfy land locations are is
sued 10 the exact order Of date Of location and
are sent 70 the district land ofhee for delivery,
unless, before the Transmission, q party files,
IN this ohce the duplicate certificate, when the
patent viii be sent 70 such address as The owner
may Indicate.
s. When the duplicate certificate is lost. the
patent viii be delivered upon the patentee hiihg
IN Ibis once bis afidsvit, stating the fact Of
tie loss, and that it was not assigned By him,
and that be is the present bOaa fde owner Of
the land
g. When al original warrant Ehleh had been
assigned is lost, and a duplicate warrant is is
sued In lieu Of il, a new assignment must be
endorsed thereon ffom the wsrraEtes, or, 10
default Of hat a decree Of title must be OBJ
tainsd from 4 court Of competent Jurisdiction,
and q transcript thereof appended 20 the dupli-
cats warrant. TH0S. A HENDRICKS,
Approved: CommtssiOac.
J TBoHPsOE, SseretaTg Of the Iatsrior.
AN ACT declaring the title to land warrants
IN certain csses-
b Il saectsd b. the Senate All Hoase Of Re-
gTcseatafiUes Of the UEiiei states Of .fmerisa IN
C0arrsss assembled, That when proof has been,
or snail hereafter be, filed in the Pension Once,
, during the life Of e claimant, ESTABLISHING, to
tie satisfaction Of that once, bis or her right to
a warrant for military services, aud surh wsr-
rant has lot been, or nav not hereafter be,
issued until after the death of the claimant,
and al such warrants as have been heretofore
ISSUED subsequent 70 the death Of the claimant,
the title Of such warrants shall vest 10 the
widow, If there be one, and if there be 10
widow. then IN the heirs or lsgatees Of the
claimant; and ali such warrants, and all 9th
eT warrants issued pursuant to existing laws,
shall be treated as personal chsttels, and may
be conveyed BY assignment of such widow, heirs
OF l~sgatees, OF by the legal representatives Of
the deceased claimant, for the use OF such heirs
or iegstees only.
SIC. 2. lad Be It further enacted, That the
provisions Of the first section OF the act sp-
proved March %, 1882, to make land warrants
sssignable, and for other purposes, shall be 80
extended as to embrace land warrants Issued
sr-Ia- TIE at n frs a. March TalE
Approved June 3, 1888.