price per acre as he deems equitable and proper, but not at a less price than one dollar and twenty-five cents per acre, and the owners and holders of such claims in good faith are also permitted to complete their entries, and to perfect their titles under such claims upon compliance with the terms above mentioned; but it must be shown to the satisfaction of the Secretary of the Interior that such claims are held by innocent parties in good faith, and that the locations made under such claims have been made in good faith and by innocent holders of the same. 17 Stat. 340; R. S. 2368. Decision Com. G. L. O., Dec. 1, 1876 (4 Copp's L. O. 109). Scrip may be issued to owners of military land warrants," issued States in satisfac by the United tion of claims for bounty land for revolutionary SEC. 350. The owners of military land-warrants issued by the United States in satisfaction of claims for bounty land for service during the revolutionary war, their heirs and assigns, shall be, and they are hereby, authorized to surrender, to the Secretary of the Interior, such of their warrants for the said land bounties as shall remain unsatisfied, service during in whole or in part, and to receive certificates or scrip for war, upon surthe same, at any time before the first day of September, one render thereof to the Secretary of thousand eight hundred and thirty-five, which certificate or the Interior. scrip shall be issued by the said Secretary, and signed by him and countersigned by the Commissioner of the General Land Office in the following manner, that is to say: There shall be a separate certificate or scrip, for such sum as shall, at the time of issuing the same, be equal to the then minimum price of each quantity of eighty acres of land due by such warrant, and remaining unsatisfied at the time of such surrender, and a like certificate or scrip for such sum as, at the time, shall be equal to the minimum price of the quantity that shall so remain unsatisfied, of any such warrant after such subdivisions of the amount into quantities of eighty acres. All certificates or scrip issued in virtue of any warrant granted after the thirtieth day of May, one thousand eight hundred and thirty, shall be issued to the party originally entitled thereto, or his heir or heirs, devisee or devisees, as the case may be. The certificates or scrip issued under the provisions of this section, shall be receivable in payment for any of the public lands liable to sale at private entry; but such certificate or scrip shall not entitle the holder to enter or purchase any settled or occupied lands, without the written consent of such settlers or occupants, as may be actually residing on said lands at the time the same shall be entered or applied for. All such certificates or scrip shall be assignable, by indorsement thereon, attested by two witnesses. 4 Stat. 422, 423, 424, 665, 770. 2 Op. Att. Gen. 385; 3 id. 246. Decision Sec. Int., June 14, 1858 (1 Lester's L. L. 480). Cir. G. L. O., Aug. 17, 1853 (1 Lester's L. L. 682); June 14, 1860 (Copp's L. L. 739); July 1, 1871; Dec. 16, 1874 (Copp's L. L. 741; 1 Copp's L. O. 151). Secretary of In SEC. 351. All outstanding military land-warrants or parts terior may upon of warrants issued upon allowances made by the executive proof issue scrip of the commonwealth of Virginia prior to the first day of in satisfaction of March, one thousand eight hundred and fifty-two, for mil- ing Virginia landitary services performed by the officers and soldiers, seamen warrants. certain outstand Proviso. or marines, of the Virginia State and continental lines in the Army or Navy of the Revolution, may be surrendered to the Secretary of the Interior, who, upon being satisfied, by a revision of the proofs or by additional testimony, that any warrant thus surrendered was fairly and justly issued in pursuance of the laws of said commonwealth, for military services so rendered, and that the same comes within the provisions recognized by the Department of the Interior in the execution of the provisions of "An act making further provision for the satisfaction of Virginia land-warrants," approved August thirty-first, one thousand eight hundred and fifty-two, shall issue land scrip in favor of the present proprietors of any warrant thus surrendered, for the whole or any portion thereof yet unsatisfied, at the rate of one dollar and twenty-five cents for each acre mentioned in the warrant thus surrendered and which remains unsatisfied, which scrip shall be receivable in payment for any lands owned by the United States subject to sale at private entry; and said scrip shall, moreover, be assignable by indorsement attested by two witnesses. In issuing such scrip, the Secretary is authorized, when there are more persons than one interested in the same warrant to issue to each person scrip for his or her portion of the warrant; and where infants or feme-coverts may be entitled to any scrip, the guardian of the infant and the husband of the feme-covert may receive and sell or locate the same: Provided, That no less than a legal subdivision shall be entered and paid for by the scrip issued in virtue of this section: And provided further, That no warrant or part of warrant shall be satisfied in scrip, founded or issued on any allowance made by the executive of Virginia since the first day of March, eighteen hundred and fifty-two. 10 Stat. 143; 12 id. 84. 9 Op. Att. Gen. 156, 352, 354; 6 id. 243; 7 id. 32, 652. Cir. G. L. O., July 20, 1875 (Copp's L. L. 742). NOTE. For laws relating to agricultural-college scrip and swamp-land indemnity locations, see General Grants to States and Territories, chap. ter xii. For laws relating to soldiers' additional homestead claims, see Homesteads, chapter viii. For certificates of deposit to be used by settlers in payment for pub. lic lands, see Surveys and Surveyors, chapter iii. Sec. CHAPTER TWELVE. GENERAL GRANTS TO STATES AND TERRITORIES. 352. Grant to new States. 353. Selections and locations of lands granted in last section. 354. Grant of swamp and overflowed lands to certain States to aid in construction of levees, &c. 355. Secretary of Interior to make lists of 356. Legal subdivisions mostly wet and 360. Swamp-land grants to Oregon and 361. Public lands not mineral granted to 363. Proceeds of sales, how applied. As- 364. Expenses of management, &c., to be 380. 381. 382. After deducting said 10 per cent., Money due to be first applied to pay- 365. Conditions of grant, assent of States. Diminution of fund to be made up by State. Annual interest to be applied regularly. Funds to be expended for buildings. College to be furnished or moneys refunded to United States. Annual reports of 385. Amount due on State stocks held by colleges. Computation when United States in trust, to be withheld in case of default of principal or interest. SEC. 352. There is granted, for purposes of internal improvement, to each new State hereafter admitted into the Union, upon such admission, so much public land as, including the quantity that was granted to such State before its admission and while under a Territorial government, will make five hundred thousand acres. 5 Stat. 455; R. S. 2378. Foley v. Harrison, 15 How. 433; Shepley 9 LO Grant to new States. 129 Selections and locations of lands section. SEC. 353. The selections of lands, granted in the precedgranted in ing section, shall be made within the limits of each State so admitted into the Union, in such manner as the legislatures thereof, respectively, may direct; and such lands shall be located in parcels conformably to sectional divisions and subdivisions of not less than three hundred and twenty acres in any one location, on any public land not reserved from sale by law of Congress or by proclamation of the President. The locations may be made at any time after the public lands in any such new State have been surveyed according to law. 5 Stat. 455; R. S. 2379. Shepley v. Cowan, 1 Otto, 330. Patterson v. Saturn, 3 Saw. C. C. 164. 4 Op. Att. Gen. 71. Dall v. Meador, 16 Cal. 296; Van Valkenburg v. McCloud, 21 id. 330; Terry v. Megerle, 24 id. 609; Megerle v. Ashe, 27 id. 322; Bludworth v. Lake, 33 id. 255; Farrish v. Coon, 40 id. 33; Hastings v. Jackson, 46 id. 234; Shepley v. Cowan, 52 Mo. 559. Decisions Sec. Int., Jan. 15, 1856 (1 Lester's L. L. 555); Nov. 10, 1856 (1 id. 507); April 20, 1859 (1 id. 568); Dec. 9, 1859 (1 id. 457); Sept. 26, 1871 (Copp's L. L. 446); Sept. 18, 1872 (id. 326, 446); Nov. 19, 1878 (5 Copp's L. O. 158). Cir. G. L. O., Feb. 21, 1846 (1 Lester's L. L. 500); Aug. 6, 1847 (1 id. 501); Jan. 5, 1872 (Copp's L. L. 483). SEC. 354. To enable the several States (but not including lands to certain the States of Kansas, Nebraska, Nevada, and Colorado) to States to aid in construct the necessary levees and drains, to reclaim the construction of levees, &c. swamp and overflowed lands therein-the whole of the swamp and overflowed lands, made unfit thereby for cultivation, and remaining unsold on or after the twenty-eighth day of September, A. D. eighteen hundred and fifty, are granted and belong to the several States respectively, in which said lands are situated: Provided, however, That said grant of swamp and overflowed lands, as to the State of California, Minnesota, and Oregon, is subject to the limitations, restrictions and conditions hereinafter named and specified, as applicable to said three last-named States, respectively. Grant of swamp and overflowed Proviso. 9 Stat. 520; 12 id. 3; 18 id. 16; R. S. 2479. Railway Co. v. Fre- 1858; Feb. 8, 1860; April 25, 1862; June 27, 1862; June 1, 1871; Interior to make to the governors SEC. 355. It shall be the duty of the Secretary of the In- Secretary of the terior, to make accurate lists and plats of all such lands, and lists of such lands transmit the same to the governors of the several States in for transmission which such lands may lie, and at the request of the governor of the States. of any State in which said swamp and overflowed lands may be, to cause patents to be issued to said State therefor, conveying to said State the fee-simple of said land. The proceeds of said lands, whether from sale or by direct appropriation in kind, shall be applied exclusively, as far as necessary, to the reclaiming said lands, by means of levees and drains. 9 Stat. 519; R. S. 2480. Railway Co. v. Smith, 9 Wall. 95; French v. Fyan, 3 Otto, 169; Martin v. Marks, 7 id. 345; American Emigrant Co. v. County of Adams, 10 id. 61. Railway Co. v. Smith, 40 Mo. 310; Clarkson v. Buchannan, 53 id. 563; Lockwood v. Railway Co., 65 id. 233; Funkhouser v. Peck, 67 id. 20; Birch v. Gilles, 67 id. 102; Kernan v. Griffith, 27 Cal. 87; Busch v. Donohue, 31 Mich. 481; State v. Hastings, 11 Wis. 448; Thompson v. Pierce, 67 Ills. 281; Gaston v. Scott, 5 Oreg. 48; Barrett v. Brooks, 21 Iowa, 144; Fremont Co. v. Railway Co., 22 id. 91; Boynton v. Miller 22 id. 579; Kettner v. Story Co., 23 id. 35; Railway Co. v. Brown, 40 id. 333; Page Co. v. Railway Co., 40 id. 520. Decisions Sec. Int., Dec. 23, 1851 (1 Lester's L. L. 549); July 7, 1855; Sept. 18, 1855 (1 Lester's L. L. 553); Oct. 4, 1855 (1 id. 553); Jan. 15, 1856 (1 id. 555); Dec. 19, 1857 (1 id. 557); Oct. 24, 1858 (1 id. 562); Jan. 17, 1859 (1 id. 567); April 20, 1859 (1 id. 568); May 21, 1859 (1 id. 569); June 25, 1859 (1 id. 569); Aug. 1, 1859 (1 id. 571); April 25, 1862; June 27, 1862; April 19, 1877 (4 Copp's L. O. 92); May 5, 1877 (4 id. 63); Dec. 4, 1877; May 2, 1878 (5 Copp's L. O. 124); Jan. 6, 1879; Sept. 19, 1879; April 5, 1880 (7 Copp's L. 0. 27). Decisions Com. G. L. O., Dec. 21, 1853 (1 Lester's L. L. 551); Jan. 22, 1858 (1 id. 559); Jan. 27, 1876 (2 Copp's L. O. 180). Cir. G. L. O., Nov. 21, 1850 (1 Lester's L. L. 543; Zab. L. L. 317); April 8, 1854; Feb. 11, 1856 (1 Lester's L. L. 545); Jan. 5, 1872 (Copp's L. L. 483); Jan. 15, 1874 (id. 472; 1 Copp's L. O. 41). ions mostly wet SEC. 356. In making out lists and plats of the lands afore- Legal subdivissaid all legal subdivisions, the greater part whereof is wet and unfit for culand unfit for cultivation, shall be included in said lists and tivation. plats, but when the greater part of a subdivision is not of that character, the whole of it shall be excluded therefrom. 9 Stat. 519; R. S. 2481. French v. Fyan, 3 Otto, 169; American Emi- |