Nashville patriot. [volume] (Nashville, Tenn.) 1858-1860, 1858-11-23
GENERAL LAND OFFICE. !
November |, 1853. (

November /, 1898.
Annexed is copy of the act of Congress,
approved June 3, 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 war
rantee vests in the widow" if there he one
md 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
widow" heirs or "legatees," or nv 1.-The
Legal representative of the deceased claimant
for the use of such heirs or legatees only"
To make a warrant when issued to deceas-
cd persons available. IL should be accompani-
Ell by certificate, under seal, from court
having jurisdiction of probate matters, giving
the date of the decrease of the claimant.
/. If he died before the date Of the warrant
then the name of bis widow should he
stated in that certificate, if there be one whose
assignment will be sufficient in the ordinary
form.
2. If no widow. that fact should appear in
the certificate of the probate Court, showing
the names Of the heirs and only heirs at law
of the claimant. naming snch adults
aud such are minors. If all are adults,
then their simple transfer is all that is re-
quired 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 letters OF guardianship
should also be appended.
8. If the claimant died after the date of the
warrant, then the title thereto desccnds
according 10 the law of domicil. In this
clsss OF cases, if the claimant died interstate.
there should be a certificate from the Probat"
Court, giving the names of the heirs, and
only heirs. at law, who, if adults. NAV assign
~ in ordinary cases, and IL minors, may
assign by guardian as aforesaid.
If the warrantee died testate a certified
transcript of the will should be annexed.
with an assignment by the legatees, or 10y
the executor when the will does not
specifically dispose of the warrant, but in
that case a transcript Of the letters tesla
mentary must accompany the transfer.
4. Or in any of the foregoing cases OF
intestacy the warrant may DE assigned by
the administrator of the deccdent, as his
legal representative, "for the use of the
heirs only" but the assignment must be
accompanied by certified copy of the letters
Of administration.
8. In virtue of the second section of said
act of June 3, 1858. warrants under the act
of 1855, as well as those issued under pre-
vious laws, may be applied to lands (which
are subject to entry at a greater minimum
than" ST. 25 per acre, by 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: 100 acre warrants may
BE- located on 100 sores at So so per acre, and
the diff renee. 5000, paid in cash. or two war
rants Of so acres each. or four warrants of 40
acres each, may be applied to leo acre tracts,
each, however, to be located on II specific legal
subdivision of the 100 acres, and the differ
ence, 5000, must in all cases be paid in
cash.
G. In regard to all preemptions at one dol
lar and twenty-five cents per acre. il is held
that preemptor may nse one, two or more
warrants in locating the aud preempted, each
warrant to cover n specific subdivision of the
land that il, a 40 acre warrant must b. 10.
Gated on a specific 40 acre tract, ad so on an
80 acre tract. and So on.
Where a 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 so far as qualified by
the foregoing. the circular and it, forms of 81
May, 1855. will govern in regard TO bounty
land warrants.
The following general sections are added
for the information of parties interested -
2. Patents for bounty land locations are
Issued in the exact order Of date ut location
and are sent TO the District Land Of,ce for
delivery, unless before tue Transmission a
party files in this office the duplicate certih
cate, when the patent viii be sent to such adj
dress the owner may indicate.
8. Where the duplicate certificate is lost,
the patent will be delivered upon the patentee
fling in this Office his afidavit stating She fact
Ut its loss. and that it was not assigned by
him, and that he is the present bona 6ds owner
VI the land.
Q. Where an original warrant which had
been assigned is Loot, aud duplicate warrant
IL issued in lieu OF IL, new assignment must
h. endorsed thereon from the WARRANTED or in
default of that. decree Of title must be- ot-
tanned from a court OF competent jurisd ction,
md a transcript thereof appended 10 the du-
plicatc warrant
THOS. A. HENDRICKS,
Commissioner.
Approved. THOMSON, Secretary Of the
Interior.