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§ 367. Authorizing the Issuance of Sioux Half-breed Scrip.

§ 367a. Certificates of Location or Scrip to Issue in Satisfaction of Confirmed Private Land Claims Which can not be Located.

§ 368. Issuance and Location of Judicial Scrip in Lieu of Confirmed Private Land Claims.

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§ 373.

Chippewa Half-breed Scrip, Red Lake and Pembina Bands.

§ 374.

Chippewa Half-breed Scrip, Lake Superior Bands.

§ 375.

Certain Lands Located in Good Faith by Claims Arising under Treaty of September 30, 1854, may be Purchased, etc.

§ 376. Scrip to be Issued in Lieu of Revolutionary Bounty Land Warrants. § 377. Scrip to be Issued in Lieu of Virginia Bounty Land Warrants.

$335. Bounty Lands for Soldiers in Certain Wars.-Each of the surviving, or the widow or minor children of deceased, commissioned and non-commissioned officers, musicians, or privates, whether of regulars, volunteers, rangers, or militia, who performed military service in any regiment, company, or detachment, in the service of the United States, in the war with Great Britain, declared on the eighteenth day of June, 1812, or in any of the Indian wars since 1790, and prior to the third of March, 1850, and each of the commissioned officers who was engaged in the military service of the United States in the war with Mexico, shall be entitled to lands as follows: Those who engaged to serve twelve months or during the war, and actually served nine months, shall receive 160 acres, and those who engaged to serve six months, and actually served four months, shall receive 80 acres, and those who engaged to serve for any or an indefinite period, and actually served one month, shall receive 40 acres; but wherever any officer or soldier was honorably discharged in consequence of disability contracted in the service, before the expiration of his period of service, he shall receive the amount to which he would have been entitled if he had served the full period for which he had engaged to serve. All the persons enumerated in this section, who enlisted in the regular army, or were mustered in any volunteer company for a period of not less than twelve months, and who served in the war with Mexico and received an honorable discharge, or who were killed or died of wounds received or sickness incurred in the course of such service, or were discharged before the expiration of the term of service. in consequence of wounds received or sickness incurred in the course of such service, shall be entitled to receive a certificate

or warrant for 160 acres of land; or at option treasury scrip for $100 bearing interest at six per cent. per annum, payable semiannually, at the pleasure of the government. In the event of the death of any one of the persons mentioned in this section during service, or after his discharge and before the issuing of a certificate or warrant, the warrant or scrip shall be issued in favor of his family or relatives; first, to the widow and his children; second, his father; third, his mother; fourth, his brothers and sisters.

9 Stat. 125, 126, 520; R. S. 2418.

§ 336.

Certain Classes of Persons in the Mexican War, their Widows, etc., Entitled to Forty Acres.-The persons enumerated in the preceding section received into service after the commencement of the war with Mexico, for less than twelve months, and who served such term, or were honorably discharged, are entitled to receive a certificate or warrant for forty acres, or scrip for twenty-five dollars if preferred, and in the event of the death of such person during service, or after honorable discharge before the eleventh of February, 1847, the warrant or scrip shall issue to the wife, child, or children, if there be any, and if none, to the father, and if no father, to the mother, of such soldier.

9 Stat. 126; R. S. 2419.

§ 337. Militia and Volunteers in Service since 1812.-Where the militia, or volunteers, or state troops of any state or territory, subsequent to the eighteenth day of June, 1812, and prior to March 22, 1852, were called into service, the officers and soldiers thereof shall be entitled to all the benefits of section 2428 R. S., upon proof of service as therein required.

10 Stat. 4; R. S. 2420; 2 Op. Att. Gen. 501.

$338. Persons not Entitled under Preceding Sections.-No person shall take any benefit under the provisions of the three preceding sections, if he has received, or is entitled to receive, any military land bounty under any act of congress passed prior to the twenty-second March, 1852.

9 Stat. 520; R. S. 2421.

$339. Period of Captivity Added to Actual Service.-The period during which any officer or soldier remained in captivity with the enemy shall be estimated and added to the period of his actual service, and the person so retained in captivity shall receive land under the provisions of sections 307 and 309, in the same manner that he would be entitled in case he had

entered the service for the whole term made up by the addition of the time of his captivity, and had served during such term. 9 Stat. 520; R. S. 2422.

8340. Warrant and Patent to Issue, when.-Every person for whom provision is make by sections 2418 and 2420 R. S., shall receive a warrant from the department of the interior for the quantity of land to which he is entitled; and, upon the return of such warrant, with evidence of the location thereof having been legally made to the general land office, a patent shall be issued therefor.

9 Stat. 520; R. S. 2423.

$341. Widows of Persons Entitled.-In the event of the death of any person, for whom provision is made by sections 335 and 337 of this book, and who did not receive bounty land for his services, a like warrant shall issue in favor of his widow, who shall be entitled to 160 acres of land in case her husband was killed in battle; nor shall a subsequent marriage impair the right of any widow to such warrant, if she be a widow at the time of making her application.

9 Stat. 520; R. S. 2424.

§ 342. Additional Bounty Lands, etc.-Each of the surviving persons specified in the classes enumerated in the following section, who has served for a period of not less than fourteen days, in any of the wars in which the United States have been engaged since the year 1790, and prior to the third day of March, 1855, shall be entitled to receive a warrant from the department of the interior, for 160 acres of land; and, where any person so entitled has, prior to the third day of March, 1855, received a warrant for any number of acres less than 160, he shall be allowed a warrant for such quantity of land only as will make, in the whole, with what he may have received prior to that date, 160 acres.

10 Stat. 701, 702; R. S. 2425.

§ 343. Classes under Last Section Specified.-The classes of persons embraced as beneficiaries under the preceding section. are as follows, namely:

1. Commissioned and non-commissioned officers, musicians, and privates, whether of the regulars, volunteers, rangers, or militia, who were regularly mustered into the service of the United States.

2. Commissioned and non-commissioned officers, seamen, ordinary seamen, flotilla-men, marines, clerks, and landsmen in the navy.

3. Militia, volunteers, and state troops of any state or territory, called into military service, and regularly mustered therein, and whose services have been paid by the United States.

4. Wagon-masters and teamsters who have been employed under the direction of competent authority in time of war, in the transportation of military stores and supplies.

5. Officers and soldiers of the revolutionary war, and marines, seamen, and other persons in the naval service of the United States during that war.

6. Chaplains who served with the army.

7. Volunteers who served with the armed forces of the United States in any of the wars mentioned, subject to military orders, whether regularly mustered into the service of the United States or not.

10 Stat. 701; 11 Id. 8, 9; R. S. 2426.

§ 344. What Classes of Persons Entitled under Section 2425 R. S., without Regard to Length of Service.-The following classes of persons are included as beneficiaries under section 2425 R. S., without regard to the length of service rendered:

1. Any of the classes of persons mentioned in section 343 of this book, who have been actually engaged in any battle in any of the wars in which this country has been engaged since 1790, and prior to March 3, 1855.

2. Those volunteers who served at the invasion of Plattsburgh in September, 1814.

3. The volunteers who served at the battle of King's Mountain, in the revolutionary war.

4. The volunteers who served in the battle of Nickojack against the confederate savages of the south.

5. The volunteers who served at the attack on Lewistown, in Delaware, by the British fleet, in the war of 1812.

10 Stat. 702; R. S. 2427.

§ 345. Widows and Children of Persons Entitled under Section 2425 R. S.-In the event of the death of any person who would be entitled to a warrant, as provided in section 314, leaving a widow, or, if no widow, a minor child, such widow or such minor child shall receive a warrant for the same quantity of land that the decedent would be entitled to receive, if living on the third day of March, 1855.

10 Stat. 702; R. S. 2428.

§ 346. Subsequent Marriage of Widow.-A subsequent mar

riage shall not impair the right of any widow, under the preceding section, if she be a widow at the time of her application.

10 Stat. 702; R. S. 2429.

§ 347. Minors under Section 317.-Persons within the age of twenty-one years on the third day of March, 1855, shall be considered minors within the intent of section 317.

10 Stat. 702; R. S. 2430.

§ 348. Proof of Service.-Where no record evidence of the service for which a warrant is claimed exists, parol evidence may be admitted to prove the service performed, under such regulations as the commissioner of pensions may prescribe.

10 Stat. 702; 11 Id. 8; R. S. 2431.

§ 349. Former Evidence of Right to Bounty Land to be Received in Certain Cases.-Where certificate or a warrant for bounty land for any less quantity than 160 acres has been issued to any officer or soldier, or to the widow or minor child of any officer or soldier, the evidence upon which such certificate or warrant was issued shall be received to establish the service of such officer or soldier in the application of himself, or of his widow or minor child, for a warrant for so much land as may be required to make up the full sum of 160 acres, to which he may be entitled under the preceding section, on proof of the identity of such officer or soldier, or, in case of his death, of the marriage and identity of his widow, or, in case of her death, of the identity of his minor child. But if, upon a review of such evidence, the commissioner of pensions is not satisfied that the former warrant was properly granted, he may require additional evidence, as well of the term as of the fact of service.

11 Stat. 8; R. S. 2432.

§ 350. Allowance of Time of Service for Distance from Home to Place of Muster or Discharge.-When any company, battalion, or regiment, in an organized form, marched more than twenty miles to the place where they were mustered into the service of the United States, or were discharged more than twenty miles from the place where such company, battalion, or regiment was organized, in all such cases, in computing the length of service of the officers and soldiers of any such company, battalion, or regiment, there shall be allowed one day for every twenty miles from the place where the company, battalion, or regiment was organized to the place where the same was mustered into the service of the United States, and one day for every twenty miles from the place where such company, battalion, or regiment was

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