REGULATIONS AND FORMS-LAND WARRANTS. well known, and acknowledged the foregoing assignment to be his act and deed; and I certify, that the said [Here insert the name of the person to whom the certificate of location issued] is the identical person to whom the within certificate of location issued, and who executed the foregoing assignment thereof. (Officer's Signature.) Form of Acknowledgment where the Vendor is not personally known to the Officer, and where his Identity has to be proven. STATE OF day of, in the year - before me personally came [Here insert the name of the person to whom the certificate of location issued], and [Here insert the name and residence of a witness], and the said [Here insert the name of the witness] being well known to me as a credible and disinterested person, was duly sworn by me, and on his oath declared and said that he well knows the said [Here insert the name of the person to whom the certificate of location issued], and that he is the same person to whom the within certificate of location issued, and who executed the foregoing assignment; and his testimony being satisfactory evidence to me of that fact, the said [Here insert the name of the person to whom the certificate of location issued] thereupon acknowledged the said assignment to be his act and deed. (Officer's Signature.) Assignment No. 1 and acknowledgment must be indorsed upon the warrant, and No. 2 and acknowledgment upon the certificate of location; and must be attested by two witnesses, acknowledged before a register or receiver of a land office, a judge of a court of record, a justice of the peace, or a commissioner of deeds resident in the State from which he derives his appointment; and in every instance where the acknowledgment is made before any officer other than the register or receiver of a land office, it must be accompanied by a certificate, under seal of the proper authority, of the official character of the person before whom the acknowledgment was made, and also of the genuineness of his signature. All assignments of bounty land warrants issued under the act of September 28, 1850, made before the date of this act, are invalid and void. The same section provides, That any person entitled to preemption right to any land, shall be entitled to use any such land warrant in payment of the same, at the rate of $1 25 per acre for the quantity of land therein specified." By this provision, all persons entitled to pre-emption. whether on REGULATIONS AND FORMS-LAND WARRANTS. offered or unoffered lands, can use a military bounty land warrant in payment for the tract pre-empted, reckoning the said warrant at $125 per acre for the quantity therein specified, whether the land so claimed is at the usual or enhanced minimum. Should the area of the tract claimed exceed the amount called for in the warrant, the pre-emptor will have to pay for the excess in cash, but if it should fall short, he is not entitled to a refunding of the excess. It is further provided by the same section, "that the warrants which have been, or may hereafter be, issued in pursuance of said laws or of this act, may be located according to the legal subdivisions of the public lands, in one body, upon any lands of the United States subject to private entry at the time of such location, at the minimum price: Provided, further, That when said warrants shall be located on lands which are subject to entry at a greater minimum than $1 25 per acre, the locator of said warrant shall pay to the United States, in cash, the difference between the value of such warrants at $1 25 per acre, and the tract of land located on." By these provisions, where the lands are subject to private entry at $1 25 per acre, the holder of an eighty-acre warrant can take any two forty-acre lots, forming a compact body of eighty acres; and the holder of a warrant for one hundred and sixty acres, can take two eighty-acre, or four forty-acre tracts, forming a compact body of one hundred and sixty acres. Where the minimum price of the lands, subject to private entry proposed to be located is more than $1 25 per acre, the holder of the warrant can locate, in accordance with the instructions contained in the foregoing paragraph, the quantity specified in the warrant, by paying the difference in cash. This act does not authorize the holder of an eighty-acre warrant to locate therewith a forty-acre tract of land at $2 50 per acre in full satisfaction thereof, but he must locate, by legal subdivisions, the compact body of eighty acres, as near as may be, and pay the difference in cash. So also of one hundred and sixty acre warrants, except in pre-emption cases as herein before stated. Each warrant is to be distinctly and separately located, so that it follows that no body of land can be located by an assignee of various warrantees, with a number of warrants; nor can a pre-emptor in any case use more than one warrant in the location of the land pre REGULATIONS AND FORMS-LAND WARRANTS. empted by him, and the excess, if any, must be paid for by him in cash. The second section of this act provides, "that the registers and receivers of the land offices shall hereafter be severally authorized to charge and receive for their services in locating all military bounty land warrants, issued since the 11th day of February, 1847, the same compensation or per-centage to which they are entitled by law for sales of the public lands for cash, at the rate of $1 25 per acre, the said compensation to be hereafter paid by the assignees or holders of such warrants." The third section of this act provides, "that registers and receivers, whether in or out of office at the passage of this act, or their legal representatives in case of death, shall be entitled to receive from the treasury of the United States for services heretofore performed in locating military bounty land warrants, the same rate of compensation provided in the preceding section for services hereafter to be performed, after deducting the amount already received by such officers under the act entitled 'an act to require the holders of military land warrants to compensate the land officers of the United States for services in relation to the location of those warrants,' approved May 17, 1848: Provided, That no register or receiver shall receive any compensation out of the treasury for past services who has charged and received illegal fees for the location of such warrants: And provided, further, That no register or receiver shall receive for his services during any year a greater compensation than the maximum now allowed by law." Where parties may desire to avail themselves of the privilege of having their warrants located through the General Land Office, as provided for by the act of 28th September, 1850, they must take the necessary steps to pay to the register and receiver the fees to which they are entitled. The same course must be observed by persons remote from the district land offices in making applications by letter to these officers. Without the payment of those fees the warrants can not be located. By the terms of this law the fees are as follows: For a 40-acre warrant, fifty cents each to register or receiver— total $1 00. For an 80-acre warrant, one dollar each to register and receivertotal $2 00. REGULATIONS AND FORMS-LAND WARRANTS. For a 160-acre warrant, two dollars each to register and receivertotal $4 00. P. S.-Numerous applications having been made for authority to sell warrants and locations under powers of attorney, the following forms are prescribed for that purpose, which, however, must invariably be indorsed on the warrant, or they will not be recognized. Form of a Power of Attorney-No. 3. Know all men by these presents, that I [here insert the name of warrantee], of the county of, and State of do hereby constitute and appoint -, of ——, my true and lawful attorney, for me, and in my name, to sell and convey the within land warrant, No. issued under the act of September, 1850. Signed in presence of (Witnesses.) for acres of land, which (Warrantee's Signature.) The acknowledgment of this power of attorney must be taken and certified in the same manner as the acknowledgments of the sales of the warrant or certificate of location hereinbefore prescribed, and must also be indorsed on the warrant. J. BUTTERFIELD, Commissioner. Power of Attorney to locate Warrant and Know all men by these presents, that I, -, of the county of State of, do hereby constitute and appoint of, my true and lawful attorney, for me, and in my name, to locate land warrant, No. for acres of land, which issued under the act of September, 1850 (or other act, as the case may be). fore the undersigned authority within and for said county, and acknowledged the foregoing power of attorney to be his act and deed; and I certify that I am acquainted with the said - and know him to be the same person who is described in said power, and who executed the same. (Officer's Signature.) [Here must follow the certificate of the Clerk, under seal, as in other cases.] LAWS, REGULATIONS AND FORMS. CHAPTER XXIV. BOUNTY MONEY-ARMY AND NAVY. LAWS, REGULATIONS AND FORMS. By an act of July 5, 1838,1 it was provided that every able-bodied non-commissioned officer, musician or private soldier, who should re-enlist into his company or regiment within two months before, or one month after the expiration of his term of service, should receive three months' extra pay as a bounty for such re-enlistment. This act was repealed by act of August 3, 1861;3 but not to the prejudice of rights acquired under it. An act of June 17, 1850, granted a bounty to persons enlisting at distant military posts and stations, equal to the expense of transporting and subsisting the soldier from the harbor of New York to the place of service; to be paid in unequal installments, at the end of each year's service, in such manner that the amounts should annually increase, and the largest be paid at the expiration of the term of service. This act was also repealed by the act of August 3, 1861. There is now no bounty allowed by law for enlistments or re-enlistments in the army-the only bounty being for length of service. The third section of " an act to provide a more efficient 1 U. S. Statutes at Large, vol. v, 560. 2 This provision was extended to the marine corps, by act of August 5, 1854. 3 U. S. Statutes at Large, vol. xii, 288. 4 Ibid, vol. ix, 439. |