The National tribune., 1904-05-26
JOSEPHH. HUNTER,
Pension and Patent Attorney,
WASHINGTON, .. G.

and patented, and all cases where war
rants have been, or may be. reissued the
original warrant. in whatsoever hands it
nay 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
herewith. 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"
The heirs or legateas Of the soldier may
obtain such duplicate upon showing the
loss or destruction of the original with
out having been assigned.
If duplicate be lost or destroyed
triplicate may be obtained.
WARRANT ERRoNEoUsLY ISSUED.
If n warrant be issued through fraud or
mistake TO person not entitled, the
rights of the person legally entitled are not
affected: and if such q warrant, issued
through fraud or mistake, or an original
warrant which was lost. and for which
a duplicate has been issued. comes into
the hands of an innocent purchaser, his
rights therein will be protected.
LOCATING UNDER WARRANT.
The following is a provision of the act
of September %. 1850, as embodied in
section 2437. Revised Statutes:
Sec. 2437. 1t shall be the duty of the
Commissioner of the General Land Office,
under such regula tons as may be pre-
scribed by the Secretary of the Interior.
to cause to be located. free Of expense
any warrant which the holder may trans
nit to the General Land Office for that
purpose. in such State or landdistrict ms
the holder or warrantee may designate
and upon good farming land. so far as the
same can be ascertained from the maps,
plats, and field-notes of the surveyor. or
from any other information in the posses
sion of the local office. and. upon the To-
cation being made. the Secretary shall
cause a patent to he transmitted to such
warrantee or holder"
A provision of the act of March %.
1852, is embodied in section 2il5. Revised
Statutes. as follows:
"Sec. 2415. The warrants which have
been or may hereafter be issued in pur
suance of law may he located according to
the legal subdivisions of the public lands
in one body upon any lands of the United
States subject to private entry Mt the
time Of such location 1T the minimum
price When such warrant is located on
lands which are subject 10 entry at a
greater minimum than S1.25 per acre. the
locator shall pay to the United States III
cash the difference between the value OF
such warrant at $1.25 per acre and the
tract Of land located on. But where such
tract is Tdleu III Sl-.b per dcIt. anu uoVS
not exceed the area specified in the war
rant it must be taken in full satisfaction
thereof"
If person, after obtaining 4 warrant.
does not himself wish to locate under il,
he may assign it to some one else: or.
after making a valid location. he may as
sign This is in accordance with provisions
of the acts of March %. 1852 and June 3,
1853. now embodied in section 24l4, Re
yiSpd Statutes. as follows.
Sec 2414. All warrants for military
bounty-lands which have been or may here
after be issued under any law of the
United States. and all valid locations Of
the same which have been or may here
after be made, are declared to be assign
able by deed or instrument Of writing
made and executed according TO such form
and pursuant to such regula tons as may
be prescribed by the Commissioner Of the
General Land-OfIice. so as 10 vest the as
signee with all the rights Of the original
owner Of the warrant or location"
ASSIGNMENT BEFORE ISSUE VOID.
Provisions Of the acts Of February II,
1S47, and September %. 1850. are en-
bodied in section 2436. Revised Statutes.
as follows:
"Sec. 2436. All sales. mortgages. letters
of attorney, or other instruments of writ
ing, going TO affect the title or claim to
d
any land granted. or to be granted. under
the preceding provisions Of this chapter,
made or executed prior to the issue Of such
warrant shall be null and void to all in
tents and purposes whatsoever: nor shall
such warrant, or the land obtained there
by. be i'm anywise affected by. or charged
with, or subject 10. the payment of any
debt or claim incurred by any officer or
soldier, prior to to the issuing of the pat
ent."
TREASURY SCRIP IN LIEU OF LAND-wAR-
RANT.
Under the Mexican war act of February
IL. 1917, persons entitled hereunder TO a
warrant for 1ti0 acres might receive in
stead, il they chose. Treasury scrip for
500 redeemab!e ut the pleasure of the
Government, and bearing interest at q
per cent. per annum. payable semi
annually; and those entitled 10 40 acres,
scrip for so, bearing the same interest.
This provision of the law was repealed
by the act Of March 3. 1910. which pro-
vded that no more scrip should be issued
after July /, 1919: that all issued pre-
vious to that time should then be paid il
presented; that if not presented for pay
ment, interest should cease from and after
that date; and that thereafter money
should be paid (by certifcate) to claim
ants who preferred TO receive it in lien
of the warrant. In the cOmpilation of the
Revised Statutes in 1873 this repeal Of
the scrip provision of the act OF February
IL, 1917, appears to have been overlooked,
and the whole law was reenacted. But it
is unlikely that any person at this time
would care to accept a scrip certificate
worth only 800 in place of a bounty-land
worth considerably more than
500. Persons who have elected to re-
ceive the scrip or money certificate in
stead of a warrant for bounty-land, have
thereby relinquished their title to the
bounty land.
Ito b continued.)