Chapter 30.
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/statutes-at-large/vol-20/chapter-30-1117983·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
CHAP. 30.— An act defining the manner in which certain land-scrip may be assigned and located, or applied by actual settlers, and providing for the issue of patents in the name of the locator or his legal representatives Jan. 28, 1879. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, Private land-claims. That whenever, in cases prose- FORTY-FIFTH CONGRESS. Sess. III. Ch. 30, 33. 1879. 275 cuted Tinder the acts of Congress of June twenty-second, eighteen hundred1860, ch. 188,[12 Stat., 85](/us/stat/12/85).1867, ch. 184,[14 Stat., 544](/us/stat/14/544).1872, ch. 421,[17 Stat., 378](/us/stat/17/378). and sixty, March second, eighteen hundred and sixty-seven, and the first section of the act of June tenth, eighteen hundred and seventy-two, providing for the adjustment of private land-claims in the States of Florida, Louisiana, and Missouri, the validity of the claim has been, or shall he hereafter, recognized by the Supreme Court of the United States, and the court has decreed that the plaintiff or plaintiffs is or are entitled to enter a certain number of acres upon the public lands of the United States, subject to private entry at one dollar and twenty-live cents per acre, or to receive certificate of location for as much of the land the title to which has been established as has been disposed of by the United States, certificate of location shall be issued by the CommissionerCertificates of location. of the General Land Office, attested by the seal of said office, to be located as provided for in the sixth section of the aforesaid act of Congress of June twenty-second, eighteen hundred and sixty, or applied according to the provisions of the second section of this act; and saidSubdivisions. certificate of location or scrip shall be subdivided according to the request of the confirmee or confirmees, and, as nearly as practicable, in conformity with the legal divisions and subdivisions of the public lands of the United States, and shall be, and are hereby declared to be, assignableAssignable. by deed or instrument of writing, according to the form and pursuant to regulations prescribed by the Commissioner of the General Land Office, so as to vest the assignee with all the rights of the original owners of the scrip, including the right to locate the scrip in his own name.
Sec 2. That such scrip shall be received from actual settlers only inReceivable for pre-emption and homestead claims, payment of preemption claims or in commutation of homestead claims, in the same manner and to the same extent as is now authorized by law in the case of military bounty-land warrants. Sec 3. That the register of the proper land-office, upon any such certificateEntry proceedings. being located, shall issue, in the name of the party making the location, a certificate of entry, upon which, if it shall appear to the satisfaction of the Commissioner of the General Land Office that such certificate has been fairly obtained, according to the true intent and meaning of this act, a patent shall issue, as in other cases, in the name of thePatent. locator or his legal representative.
Sec 4. That the provisions of this act respecting the assignment andProvisions extended. patenting of scrip and its application to preemption and homestead claims shall apply to the indemnity-certificates of location provided for by the act of the second of June, eighteen hundred and fifty-eight, entitled1858, ch. 81,[11 Stat., 294](/us/stat/11/294). “An act to provide for the location of certain confirmed private land-claims in the State of Missouri, and for other purposes.” Approved, January 28, 1879.