utes, to vest in the widow, if there be one, and if there be no widow, then in the heirs or legatees of the claimant.

20. If the claimant died and left a widow, who also was deceased before the issue of the warrant, then the title thereto vests in the heirs or legatees of the warrantee.

21. To make a warrant issued in the name of a deceased person available, it should be accompanied by a certificate, under seal, from the proper court having probate jurisdiction, showing the fact of the death of the warrantee at a specified date, and stating whether he left a widow, giving her name if there was one. If there was no widow, the said certificate should state whether the warrantee died testate or intestate, and give the names of all his heirs at law, specifying such as are adults and such as are minors.

22. If it shall appear from such certificate that the warrantee died before the issue of the warrant and left a widow, the assignment of such widow, her heirs or legal representatives, will be regarded as a sufficient conveyance of the title to the warrant.

23. If the warrantee died after the issue of the warrant, or if he died before such issue and left no widow, the title vests in his heirs at law or legatees.

24. If he died intestate, his heirs, shown to be such by the required certificate of court, may assign the warrant, the adults for themselves, and the minors by their guardians, who shall file with the warrant a certified copy of their letters of guardianship, or a certificate from the clerk of the proper court, stating that such letters had been issued, and that they were in force at the date of the assignment. Or the administrator of the estate of the deceased warrantee, who died intestate, may assign the warrant "for the use of the heirs only," upon filing therewith a certified transcript of the letters of administration, or a certificate from the clerk of the proper court that the said letters had been issued, and that they were in force at the date of the assignment.

25. If the warrantee died testate, a certified transcript of the will must accompany the warrant. If the will specifically disposes of the warrant, the devisee or devisees may assign, if adults, in the usual form; if minors, by their guardians as aforesaid. If the will does not specifically dispose of the warrant, the executor of the estate of the warrantee may assign "for the use of the heirs or legatees only;" but in that case a certified transcript of the letters testamentary, or a certificate from the proper authority that such letters had been granted,

and were in force at the date of the assignment, must accompany the transfer.

26. An assignment executed by an administrator de bonis non with the will annexed of the estate of the deceased warrantee, must be accompanied by evidence of his authority to act, as required in the case of an administrator of the estate of a warrantee who had died intestate.

§ 329. As to Locations.-27. 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 pre-emption claims, or in commutation of homestead entries, even when the same embrace unoffered lands.

28. A warrant issued to several parties, or assigned to three or more persons, 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.

29. A warrant may be located either at a district land office, or through the agency of this office.

R. S. 2437.

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, 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 form No. 14, and indorsed, if practicable, upon the war

rant.

See Rule No. 2.

30. 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.

31. 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.

32. 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 lands, can not be entered by the location of two 40-acre warrants.

33. A pre-emptor 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 pre-emption claim is composed of lands subject to entry at a greater minimum than $1.25 per acre, the rules set forth in the preceding section will apply.

34. 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.

35. 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, $1; for a 60-acre warrant, $1.50; for an 80-acre warrant, $2; for a 120-acre warrant, $3; for a 160acre warrant, $4.

36. In all cases the patent will be transmitted to the local office where the location was made, for delivery by the register, unless the duplicate certificate of location shall have been previously filed in this office, with a request that the patent be delivered as requested by the person sending the same; and in no case will the patent be delivered, either by this or the local land office, unless upon receipt of the duplicate certificate of location, or of an affidavit of ownership of the lands conveyed by the patent, and of the loss or destruction of the duplicate certificate.

§ 330. Miscellaneous Provisions.-37. Bounty land warrants for military services, granted under general laws, are issued only by the commissioner of pensions; and persons supposing themselves entitled to such warrants, should address their applications therefor to that officer.

38. Neither bounty land warrants, nor the lands entered therewith, are liable to be sold, or made subject to the payment of any debt or claim incurred by the warrantees, until after the issue of the patent.

R. S. 2436.

39. Warrants that may have been reissued under the provisions of the revised statutes, section 2441, are subject to the same rules respecting assignments that apply to original warrants; but, in default of an assignment from the warrantee, a decree of title must be obtained from a court of competent jurisdiction, and a transcript thereof appended to the reissued warrant.

40. When an entry, made by the location of a warrant properly assigned to the locator, has been canceled, the warrant will be returned, with a certificate attached thereto, authorizing its relocation by the said locator or his assignees, without a further payment of location fees. In no case, however, will

such a certificate be attached to a warrant the assignments whereof are not such as would receive the approval of this office if presented for that purpose.

41. When a valid entry is withheld from patent, on account of the objectionable character of the warrant located thereon, the parties in interest may procure the issue of a patent by filing in the office for the district in which the lands are situate an acceptable substitute for the said warrant. The substitution must be made in the name of the original locator, and may consist of a warrant, cash, or any kind of scrip legally applicable to the class of lands embraced in the entry.

42. Two warrants can not be substituted for the one originally located, nor will any payment be received that would destroy the identity of the entry.

43. Each warrant transmitted to this office for the purpose of obtaining the commissioner's official approval of the assignments thereof, must be accompanied by the sum of one dollar, the legal fee for a certificate of verification; and each assignment indorsed upon or attached to such warrant must contain the name of an assignee. If a certificate of approval should be attached to the warrant, a blank form of assignment will accompany the same, which may be used in making a subsequent transfer.

Commissioner S. S. Burdett.

§ 331. Supreme Court Scrip.-The act of congress approved June 22, 1860, entitled "An act for the final adjustment of private land claims in the states of Florida, Louisiana, and Missouri, and for other purposes" (Stat., vol. 12, p. 85), provides, in its sixth section," that whenever it shall appear that lands claimed, and the title to which may be confirmed under the provisions of this act, have been sold in whole or in part by the United States prior to such confirmation, or where the surveyor general of the district shall ascertain that the same can not be surveyed and located, the party in whose favor the title is confirmed shall have the right to enter, upon any of the public lands of the United States, a quantity of land equal in extent to that sold by the government; provided, that said entry be made only on lands subject to private entry at $1.25 per acre, and as far as may be possible, in legal divisions and subdivisions, according to the surveys made by the United States."

The provisions of said act were extended and supplemented by the acts of March 2, 1867, and June 10, 1872; and they have been further supplemented by the act of January 28, 1879, en