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MODE OF PROCEEDING IN MAKING CASH PURCHASES.
A person desiring to purchase a portion of the public land for cash must present a written application to the register for the district in which the land described is situated, describing the tract and giving its area (see Form 4-001, p. 271). If the tract is vacant and subject to the entry applied for, the register will so certify to the receiver, stating the price, and the applicant must pay to the latter the amount of the purchase money. Thereupon the receiver will issue his receipt in duplicate to the purchaser for the money paid (Form 4-131, p. 271). The register will then issue his certificate of purchase (Form 4-189, p. 271).
At the close of the month the register and receiver will make returns of the sale to the General Land Office, from which, when the proceedings are found regular, a patent will be issued.
CASH PURCHASE BY TIMBER TRESPASSERS.
In addition to the foregoing in reference to purchase at public offering and purchase or location at ordinary private entry, it is to be noted that the first section of the act of Congress of June 15, 1880 (21 Stat. L., 237; Appendix No. 20, p. 178), having reference to cases of timber trespasses upon the public lands committed prior to March 1, 1879, has been held to extend to such trespassers the privilege of paying for the land upon which the offenses were so committed, at the price per acre for which under the law in force at date of payment the lands could be sold. This privilege of purchase was held not to be confined to lands subject to private entry, but to extend to any lands not mineral subject to disposal under the general existing laws.
But it is now held that the fact of trespass does not, under said act, give the trespasser the right to purchase lands otherwise excluded from sale. (Woodstock Iron Company, 6 L. D., 738.)
The provisions referred to apply only to tracts trespassed upon prior to March 1, 1879, and it is thought that few, if any, tracts remain undisposed of to which they would be applicable. From this fact and the operation of the act of March 2, 1889, withdrawing public lands generally from private entry, these provisions from the statute may be considered as no longer operative, unless in the adjustment of claims heretofore initiated.
Military bounty-land warrants may be located upon any vacant public lands of the United States that are subject to sale at private entry, and they may be used in payment of preemption claims or in commutation of homestead entries, even when the same embrace unoffered lands. But the only lands now subject to private entry under general statutes are in the State of Missouri. (See first section act of March 2, 1889, 25 Stat. L., 854.)
A warrant issued to several parties or assigned to three or more persons (sec. 2414, Rev. Stat.; Appendix No. 1, p. 160) can not be located if assigned by one of the owners to another or to other persons, so as to invest any one of the parties with a greater interest than any other. In other words, each owner of a warrant, at the time of its location, must have an equal share or interest therein.
A warrant may be located either at a district land office or through the agency of this office (sec. 2437, Rev. Stat.; Appendix No. 1, p. 160).
If located at a district office, it must be accompanied by a tender of the fees to which the register and receiver are entitled and by a written application to locate, containing a description of the tracts desired, and signed by the locator or his attorney in fact. If by the latter, his authority to act must be evidenced by a power of attorney, which must be prepared in accordance with the prescribed form and indorsed, if practicable, upon the warrant.
If the location is made through this office, the warrant must be sent to the Commissioner with a request that the same be located in a specified land district, and accompanied by a receipt from the register and receiver for the fees to which they may be severally entitled under section 2238, Revised Statutes.
Each warrant is required to be distinctly and separately located upon a compact body of land; and if the area of the tract claimed should exceed the number of acres called for in the warrant the locator must pay for the excess in cash; but if it should fall short, he must take the tract in full satisfaction for his warrant. A person can not enter a body of land with a number of warrants without specifying the particular tract or tracts to which each shall be applied; and for each warrant there must be a distinct location certificate and patent. (Sec. 2415, Rev. Stat.; Appendix No. 1, p. 160.)
Where the desired tract is subject to entry at a greater minimum than $1.25 per acre, the locator, in addition to the surrendered warrant, must pay in cash the difference between the value of such warrant at $1.25 per acre and that of the said land, or present a warrant of such denomination as will, at its legal value of $1.25 per acre, cover the rated price of the tract, and pay the excess in value of the land, if any, in cash. For example: A tract of 40 acres of land held at $2.50 per acre may be entered by the location of a warrant calling for 40 acres and the payment of $50 in cash; or by locating thereon a warrant for 80 acres, the 40 acres embraced in the entry being received in full satisfaction of the same; or a tract containing 80 acres rated at $2.50 per acre may be entered by the location of two 80-acre warrants, or of one for 160 acres, and so on. It will be required, however, in the entry of a tract held at a greater minimum than $1.25 per acre, by the location of two or more warrants, that each warrant shall be located upon a specific legal subdivision thereof, which legal subdivision shall be received in full satisfaction of the warrant surrendered therefor; and that the excess in value of the lands, if any there be, shall in each case be paid in cash. Hence a tract containing 40 acres or less of double minimum land can not be entered by the location of two 40-acre warrants.
A preemptor of lands held at $1.25 per acre may enter the tract embraced in his claim by the location of one, two, or more warrants; but each warrant must be applied to a specific subdivision thereof--that is, a warrant for 40 acres must be located upon a described subdivision containing as nearly as possible 40 acres of land; a warrant for 80 acres upon a tract embracing 80 acres, and so on. Where the preemption claim is composed of land subject to entry at a greater minimum than $1.25 per acre, the rules set forth in the preceding section will apply. (Sec. 2277, Rev. Stat.; Appendix No. 1, p. 151.)
When a subdivision is fractional a warrant approximating nearest the number of acres embraced therein may be located thereon, but the fractional excess in area must be paid for with cash, and will be conveyed in the same patent with the lands covered by the location of the warrant; a legal subdivision, however, other than those entered by the location of the warrant will not be regarded as a legitimate fractional excess
over such location, but will be required to constitute a separate entry. Thus a person will not be permitted to make one entry of a quarter section of land by the location of a warrant for 120 acres and a cash payment for the remaining subdivision.
Registers and receivers of the local land offices are entitled to the following fees for their services in locating warrants, and the several amounts mentioned must be paid at the time of location:
For a 40-acre warrant..
Each to the register and receiver.
(Bounty warrants were not issued to soldiers and sailors for military service in the late civil war. The only privileges granted them in connection with the public lands will be found set forth hereafter under the head "Homesteads." The bounties for military service in this war were not given in land but in money.)
PRIVATE LAND SCRIP LOCATION.
Scrip issued in satisfaction of private land claims under decrees of the United States Supreme Court, pursuant to acts of Congress of June 22, 1860 (12 Stat. L., 85), March 2, 1867 (14 Stat. L., 544), and June 10, 1872 (17 Stat. L., 378), and scrip issued under the act of June 2, 1858 (11 Stat. L., 294), may be located on lands subject to sale at private entry or in payment of preemption claims and in commutation of homestead claims, in the same manner as military bounty-land warrants. (See act of January 28, 1879, 20 Stat. L., 274; Appendix No. 9, p. 169.)
ADDITIONAL METHODS FOR USING MILITARY BOUNTY LAND WARRANTS, AND SCRIP ISSUED UNDER ACT OF JUNE 2, 1858.
The act of December 13, 1894 (28 Stat. L., 594; Appendix No. 58, p. 236), "in addition to the benefits now giyen thereto by law," provides that military bounty land warrants and scrip issued under section 3 of the act approved June 2, 1858, may be located in certain other classes therein specified, viz:
In the payment, or part payment, for any lands entered under the desert-land law of March 3, 1877, and the amendments thereto; in payment, or part payment, for lands entered under the timber-culture law of March 3, 1873, and the amendments thereto; in payment, or part payment, for lands entered under the timber and stone law of June 3, 1878, and the amendments thereto; and in payment, or part payment, for lands sold at public auction, except such lands as shall have been purchased from any Indian tribe within ten years last past.
This act does not change existing law or regulations as to the location of such warrants or scrip upon lands subject to sale at private entry, or in payment for preemption claims or commutation of homestead entries.
In reference to the four classes of entries specified in the act of December 13, 1894, one or more warrants or certificates of location are receivable in payment, or part payment, for a tract of land entered
under either of the laws designated, at the rate of $1.25 per acre upon the expressed value of the warrants or certificates of location. If the amount of money due on such entry exceeds the face value of the warrant or certificate of location at the rate of $1.25 per acre, the entryman must pay for the excess in cash, but if the face value of the warrant or certificate of location exceeds the amount due on such entry, the claimant must take the tract in full satisfaction of said warrant or certificate of location.
In initiating an entry under the desert-land laws payment may be made in money to the amount of 25 cents per acre, as required by previously existing law, or, if preferred, warrants or scrip may be tendered as payment, and if the face value of such warrant or scrip exceeds the amount of money due in initiating said entry, credit may be given for any balance, to be applied to final payment when final proof has been made.
Where such warrants or scrip are tendered as payment by other than the party to whom issued, evidence will be required that the entryman is the heir or legatee of the party to whom issued, or evidence that said warrant or certificate of location has been duly assigned in accordance with circulars of July 20, 1875, and February 13, 1879.
No fees are required to be paid where warrants or certificates of loca tion are used under this act, the same being regarded as the equivalent for money to the extent of their value at the rate of $1.25 per acre, and the local officers will receive from the United States Treasury their commissions upon the surrender thereof, as in the case of entries made with actual cash.
When located each warrant or certificate of location must be relinquished by the legal owner thereof after the following form, viz:
I (or we) do hereby relinquish to the United States the within military bounty land warrant or certificate of location in payment (or in part payment, as the case may be) of the (here describe the tract), located in the name of - at the land office at
A. B. [SEAL.]
Witnesses: C. D.
It may also be added that, under said act, no warrant or certificate of location can be used in payment for any lands which have been purchased from any Indian tribe within ten years last past, neither can they be used in payment for lands ceded to the United States by any Indian tribe where such lands are to be disposed of for the benefit of such Indian tribe.
AGRICULTURAL COLLEGE SCRIP LOCATIONS.
Agricultural college scrip issued under the acts of July 2, 1862 (12 Stat. L., 503), and March 3, 1883 (22 Stat. L., 484), may be used—
First. In the location of land at "private entry; " but when so used is applicable only to lands not mineral which may be subject to private entry, at $1.25 per acre, and is restricted to a technical "quarter section"—that is, land embraced by the quarter-section lines indicated on the official plats of survey; or it may be located on a part of a “quarter section," where such part is taken as in full for a quarter; but it can not be applied to different subdivisions to make an area equivalent to a quarter section. (Sec. 2, act July 2, 1862, 12 Stat. L., 503.) The manner of proceeding to acquire title with this class of paper is the same as in cash and warrant cases, the fees to be paid being the same as on warrants. The location of this scrip at private entry is restricted to three
sections in each township of land, and 1,000,000 acres in any one State. (15 Stat. L., 227.)
Under the first section of the act of March 2, 1889 (25 Stat. L., 854, Appendix No. 32, p. 187), there is no land now subject to private entry, under general statutes, except in the State of Missouri.
Second. In payment of preemption claims and in commutation of homestead entries. (Sec. 2278, Rev. Stat.; Appendix No. 1, p. 151.) When so used it can be located on minimum or double minimum lands, and there is no limitation of the quantity that may be located in a township or State. When located in payment of preemption claims and in commutation of homestead entries on double minimum lands, the excess price must be paid or a double quantity of the scrip surrendered. (Secs. 2277, 2278, Rev. Stat.; Appendix No. 1, p. 151.)
When the land located is rated at $1.25 per acre, and the area does not exceed the area specified in the scrip, it must be taken in full satisfaction thereof. (Secs. 2277, 2278, Rev. Stat.; Appendix No. 1, p. 151.)
PREEMPTION LAWS REPEALED BY ACT OF MARCH 3, 1891.
The fourth section of the act of March 3, 1891 (26 Stat. L., 1095; Appendix No. 44, p. 221), repeals generally all the laws allowing preemption of the public lands by individuals, but provides for perfecting claims previously initiated; therefore no filings or entries will be allowed under the preemption laws except when necessary to perfect claims initiated prior to the approval of the repealing act, or claims to Indian lands covered by its tenth section.
For necessary information relative to the adjustment of such claims reference is made to the laws and regulations as given in Appendix No. 1, page 146, and Appendix No. 84, page 260.
EXTENSION OF TIME OF PAYMENT.
By joint resolution of Congress of September 30, 1890 (26 Stat. L., 684), it was enacted
That whenever it shall appear by the filing of such evidence in the offices of any register and receiver as shall be prescribed by the Secretary of the Interior that any settler on the public lands, by reason of a failure of crops for which he is in no wise responsible, is unable to make the payment on his homestead or preemption claim required by law, the Commissioner of the General Land Office is hereby authorized to extend the time for such payment for not exceeding one year from the date when the same becomes due.
By the second section of the act of July 26, 1894 (28 Stat. L., 123), it was provided
That the time of making final payments on entries under the preemption act is hereby extended for one year from the date when the same becomes due in all cases where preemption entrymen are unable to make final payments from causes which they can not control, evidence of such inability to be subject to the regulations of the Secretary of the Interior.
1. Any party applying for the extension of time authorized by said resolution or act will be required to submit to the register and receiver of the proper district land office testimony, to consist of his own affidavit, corroborated, so far as possible, executed before the register or receiver, or some officer authorized under the acts of May 26, 1890, and March 2, 1895, to administer the oaths required in homestead entries within the county where the land is situated, setting forth in detail the facts relating to the failure of crops, or other causes on which he relies to support his application, and that he is unable for such reasons to make the payment required by law. (11 L. D., 417.)