according to the order of filing, enter them on their records, and with their monthly returns forward an abstract, to embrace all declarations of this class filed with them during the month.

Thereafter, at any time within six months from the date of filing, the party may come forward, make his entry of the land, and commence his settlement and improvement. Should the party present his declaration through an agent, as authorized by section 2309, said agent must produce a duly executed power of attorney from the principal desiring to make the entry, who will be bound by the selection his agent may make, the same as though made by himself. Where the party has failed to make entry within six months from the date of filing, he is not thereby debarred from making entry of the tract filed for, unless some adverse right intervened; and if so, he may enter some other tract that is still vacant.

2. The claims of widows and minor orphan children may be initiated by declaration, as above. Minor orphan children can act only by their duly appointed guardians, who must file certified copies of the powers of guardianship, which must be transmitted to this office by the registers and receivers, with their abstracts of declarations. The law does not require, as a condition to enjoying its benefits, that the party should first file a declaratory statement, and, as before stated, immediate entry may be made.

3. Where a party entitled desires to make an additional entry of a quantity which, with his original entry, shall not exceed 160 acres, it is required that a full recital of military service be presented to this office, with due proof of the identity of the party making the claim, and with proper reference to his original homestead entry, giving the name of the district office, date and number of entry, and description of the land. In addition, a detailed statement, under oath, must be filed by the party in interest, setting forth the facts respecting his right to make the entry, and containing his declaration that he has not. in any manner exercised his right, either by previous entry or application, or by sale, transfer, or power of attorney, but that the same remains in him unimpaired. He must also declare, under oath, that he has made full compliance with the homestead law in the matter of residence upon, cultivation and improvement of, his original homestead entry, and should further recite whether or not he has proved up his claim and received a patent of the land.

When these papers are filed and examined, they will, if

found satisfactory, be returned with a certificate attached, recognizing the right of the party to make additional entry under the law; and when presented with a proper application at any district land office, either by the party entitled or his agent or attorney, they will be accepted by the register and receiver, and forwarded with the entry papers to this office in the usual

manner.

Where the party's first entry has been consummated, the register and receiver will require him to make application and to pay the same fee and commissions as in cases of original entry; the receiver will issue his receipt for the money paid, and these papers will receive the current date and the proper numbers in their homestead series. Then, to complete the transaction-it being an object for the convenience of business that the additional entry papers, and the final papers therefor, in such cases shall be kept separate and distinct-the party will make payment of the usual final commissions on the entered tract, for which the receiver will issue his receipt; the register will thereupon issue his final certificate for the additional tract, the receipt and certificate to bear their proper numbers in the final homestead series, likewise a reference to the original entry and to the final certificate thereon by their number, and also by their district where the party's first entry shall have been made in a different district.

In case the party has not made proof on his original homestead entry when he applies for additional land, he will be allowed to make the additional entry on proper application, as above stated, and paying the usual fee and commissions, for which the receiver will issue his receipt, the papers to receive their proper numbers in the homestead series, with the reference thereon to the original entry.

Thereafter, when the party shall make final proof on the original entry, he will be required to pay the final commissions on both entries, when a final receipt will be issued for the money, and thereupon a final certificate issued to call both for the tract in the original entry and the additional tract. On these papers the register and receiver will make a reference to the original and the additional entry, and on them one patent will issue for both; yet where it happens that the original entry and the additional entry are made in different land districts, this rule must be departed from so far as regards the issuing of one final certificate and receipt for both.

§ 333. The following proof will be required of parties apply

ing for the benefits of sections 2304, 2305, and 2307, in addition to the prescribed affidavit of the applicant:

1. Certified copy of certificate of discharge, showing when the party enlisted and when he was discharged, or the affidavit of two respectable disinterested witnesses corroborative of the allegations contained in the prescribed affidavit on these points, or, if neither can be procured, the party's affidavit to that effect.

2. In case of widows, the prescribed evidence of military service of the husband, as above, with affidavit of widowhood, giving date of the husband's death.

3. In case of minor orphan children, in addition to the prescribed evidence of military service of the father, proof of death or marriage of the mother. Evidence of death may be the testimony of two witnesses, or certificate of a physician duly attested. Evidence of marriage may be certified copy of marriage certificate, or of the record of same, or testimony of two witnesses to the marriage ceremony.

The register and receiver will be allowed to charge one dollar each for receiving and filing the initiatory declaration of the parties in cases where such declarations are filed. This fee the receiver will account for in the usual manner, indicating the same in his account as fees for "homestead declarations," which will be charged against the maximum of $3,000 now allowed by law. In the states and territories for which 50 per centum additional is allowed by the twelfth subdivision of section 2238 of the revised statutes, the additional allowance will apply to the fee herein named, viz. : California, Oregon, Washington, Nevada, Colorado, Idaho, New Mexico, Arizona, Utah, Wyoming, and Montana.

§ 334. Provisions for the Benefit of Indians.-The fifteenth and sixteenth sections of the act of March 3, 1875, extends the benefits of the homestead act of May 20, 1862, and the acts amendatory thereof (now embodied in sections 2290, 2291, 2292, and 2295 to 2302, inclusive, of the revised statutes), to any Indian born in the United States, who is the head of a family, or who has arrived at the age of twenty-one years, and who has abandoned, or may hereafter abandon, his tribal relations, with the exception that the provisions of the eighth section of said act of 1862 (section 2301 of the revised statutes) shall not be held to apply to entries made thereunder, and with the proviso that the title to lands acquired by any Indian by virtue thereof shall not be subject to alienation or incumbrance, either by

voluntary conveyance or the judgment, decree, or order of any court, and shall be and remain inalienable for a period of five years from the date of the patent issued therefor.

An Indian desiring to enter public land under this act must make application to the register and receiver of the proper district land office; also an affidavit setting forth the fact of his Indian character; that he was born in the United States; that he is the head of a family or has arrived at the age twenty-one years; that he has abandoned his tribal relations and adopted the habits and pursuits of civilized life; and this must be corroborated by the affidavits of two or more disinterested wit

nesses.

If no objection appears, the register and receiver will then permit him to enter the tract desired according to existing regulations, so far as applicable, under the homestead law, the register writing across the face of the application the words, "Indian homestead-act of March 3, 1875;" they will note the entry on their records and make returns thereof to this office, with which they will send the affidavits submitted. It will be observed that the provisions of the eighth section of the act of May 20, 1862 (section 2301 of the revised statutes), which admits of the commuting of homestead to cash entries, do not apply to this class of homesteads.

All lands obtained under the homestead laws are exempt from liability for debts contracted prior to the issuing of patent therefor.

The act of congress of March 3, 1877, making appropriations for the legislative, executive, and judicial expenses of the government for the year ending June 30, 1878, provides: "That public lands situated in states in which there are no land offices may be entered at the general land office, subject to the provisions of law touching the entry of public lands; and that the necessary proofs and affidavits required in such cases may be made before some officer competent to administer oaths, whose official character shall be duly certified by the clerk of a court of record; and moneys received by the commissioner of the general land office for lands entered by cash entry shall be covered into the treasury."

Circular of October 1, 1880.

CHAPTER XVIII.

BOUNTY LAND WARRANTS AND SCRIP.

§ 335.

Bounty Lands for Soldiers in Certain Wars.

§ 336.

Certain Classes of Persons in the Mexican War, their Widows, etc.,
Entitled to Forty Acres.

§ 344.

What Classes of Persons Entitled under Section 2425 R. R., without
Regard to Length of Service.

§ 345.

§ 346.

Widows and Children of Persons Entitled under Section 2425 R. S.
Subsequent Marriage of Widow.

§ 349.

Former Evidence of Right to Bounty Land to be Received in Certain
Cases.

§ 350. Allowance of Time of Service for Distance from Home to Place of Muster or Discharge.

§ 351. Indians Included.

Former Evidence of Right to a Pension to be Received in Certain

Cases on Application for Bounty Land.

§ 352.

§ 353.

Deserters not Entitled to Bounty Land.

$358.

Death of Claimant after Establishing Right, and before Issuing of
Warrant.

§ 359. When Proofs may be Filed by Legal Representatives.

§ 360. Military Bounty Land Warrants and Locations Assignable.

§ 361. Warrants Located on Double-minimum Lands, Excess Paid in Cash.

§ 362. Claims for Bounty Lands in Virtue of Certain Acts Named.

§ 363. Same Subject.

§ 364.

Sales, Mortgages, Letters of Attorney, etc., Made before Issue of
Warrant, to be Void.

§ 365. Warrants to be Located Free of Expense by Commissioner of Land

Office, etc.

§ 366. Mode of Issuing Patents to the Heirs of Persons Entitled to Bounty

Lands.

§ 366a. Relocation of Military Bounty Land Warrants in Cases of Error.