Evening star. [volume] (Washington, D.C.) 1854-1972, 1858-08-11
WASHINGTON NEWS AND GOSSIP

apprehension seems 10 exist IN inc minQs OF
very many persons. usually we'll informed, as
to the effect of the act of Congress entitled
An act declaring the title to land warrants
in certain cases." approved June Sd, 1858, a
copy Of said act is herewith annexed, With
views with reference to its effect upon the
forms and regulations for the assignment of
land warrants which were in force at the time
Of the passage thereof:
"Sec. 1, That when proof has been, or shall
hereafter be, filed in the Pension Once, during
the lifetime Of a claimant, establishing to the
satisfaction of that Office his or her right to .
warrant for military services, and such warrant
has not been, may not hereafter be, issued un.
I'll after the death Of the claimant, and all such
scarrasfs as hars bern ksrstofoye ISSUED snbse-
qHsHf 10 fhs death Of the claimant, the title 10
such warrants shall vest in the widow, IL there
be one, and II 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 legatee, or by the legal
representatives Of the deceased claimant, for the
use of such heirs or e9atees only.
"Sec. That the provisions Of the first Sec
ton Of the act approved March %, eight en-
hundred and ffty-two, to make land warrants
assignable, and for other purposes, shall be so
extended as to embrace land warrants issued un-
der the act Of the third March, eigh teen hundred
and nfty-fve."
The effect of this act may be considered In
the following order:
l. In cases where a warrant has heretofore
issued after proof was filed in the Pension
Office, and after the death of the claimant, the
title of such warrant vested in the W dow of the
claimant, If there was one, if not, then in his
heirs or legstees. Ii there was widow, the
title vested in her to tho exclusion of the heirs
or legatees of the claimant, and the warrant
should be accompanied by legally authenti-
Gated transcript from the record of the proper
court having probate jurisdiction in the county
of which the claimant was a resident at the time
of his death, showing that he was the identical
person in whose favor the warrant was issued /;
acien he died and giving the name of his
widow, and the person thus named, as being
the widow, may assign or locate the warrant.
If the widow should die without having as
signed or located the warrant, then the title to
the warrant vests in her heirs or legatees, who
may locate or dispose of the same. In all cases
Of disposal of the warrant by will, legally
authenticated copy Of such will should accom-
pany the warrant, to enable the legstee to locate
or dispose Of the same.
Where this class of warrants descends to the
heirs-at-law the warrant should be accompanied
by legally authenticated transcript from the
record Of the proper court having probate juris
dictiOn within the county Of which the claim
ant was q resident ut the time of his death
showing when he died, that he left no widow,
that he died intestate, and giving the names of
his only heirs-at-law, according to the laws
regulating the descent of personal chattes in
the State of which he was a resident at the
time Of his death, and the persons so named as
heirs at-law may locate or assign said warrant
1t is to be observed that the proof upon which
the warrant issues should have been L" fied
during The lifetime of the claimant" though
his death may have happened between the time
of execution and actual fIing.
2. Where q warrant may herea ffsr issue after
proof has been filed in the Pension Office, and
after the death Of the claimant, the language of
the law Is so obscure 1t is difficult to determine
what disposition was intended to be made of
such warrant. If il was the intention Of Con-
gress to place this class of warrants on the same
footing with those heretofore issued, the intro
ductiOn Of the words in italics was certainly
very unfortunate. Those words prescribe
rule Of descent in the case Of warrants hereto
fore issued aud prescribes no rule in the case
of those hsrs0ftsr to be issued. If the words in
italics had been omitted, then the rule of des-
cent would obviously have applied to both
classes Of cases. If, then, no distinction was
tended, why were words introduced which
clearly make a distinction? And yet it is diff
feult to conceive any good reason for making
any distinction, and We are not aware that any
official construction has been placed upon the
law in reference to this class Of cases.
3. In all cases where the warantee died after
the issue of the warrant and prior to the 81 of
June, 1888, the said act docs not change the
rule Of descent, nor dispense with tho rule re-
quiring the warrant to be treated as real estate
in all legal proceedings involving the question
of the title of the heirs at-law, of the war
raniee, to the warrant. In this class of cases
the title to tho warrant, upon the death Of the
warrantee, vested in his heirs Flaw, accord
ing to the rule Of descent then in force, and
Congress had no power to divest them of such
title, no matter what idea was intended to be
conveyed by the involved and RECONSTRUCTED
sentences constituting the act Of June 3, 1873
4. This act does not change the form Of as
Segment prescribed by the regulations Of
March %, 1852, Except in cases where the
assignment may be executed after the Sd of
June, 1858, the seal Of the assignor may be
Omitted,) nor does it dispense with the rule re.
curing the identity of the assignor to be estab
lished by the certificate of the acknowledging
officer.
MINNESOTA LAND GRANrs.-The Commits
sioner Of the General Land Office has just given
an interesting decision touching grants of lands
to Minnesota, under the act of February 26,
1857, in answer to inquiries propounded by the
Governor of that State. The act directs sew.
enty-two sections Of land to be reserved for the
use of university, to be appropriated and
applied as the Legislature may prescribe. -
BY the act of February 10, 1851, the Secretary
OF the Interior was authorized to set apart for
the support and use Of n university, in the
Ierritarv af Nippasn.. n