d. MINIMUM AND DOUBLE MINIMUM LANDS.

These terms refer to the price of lands. Minimum (lowest) priced lands, when sold at rivate entry for cash, bring one dollar and twenty-five cents an acre; and this is the lowest vice they are allowed to be sold for at public sale.

Lands within railroad limits are supposed to be more valuable on that account, and are rated at two dollars and fifty cents an acre. They are consequently called double-minimum lands. [See act of June 15, 1880 for reduction in price of certain lands.]

Under some circumstances, as in case of a withdrawal for railroad purposes, the reserved sections being enhanced in price, require under the law that they should be re-offered at the enhanced or double-minimum price before being subject again to private entry.

III. What Will Pay for Lands.

Lands bought at private entry may be paid for with, 1, Cash: 2, Military Bounty Land Warrants: 3, Agricultural College Scrip: 4, Supreme Court Scrip: 5, Indemnity Land Scrip: 6, Revolutionary Bounty Land Scrip: 7, Certificates of Deposits.

Valentine Scrip, Porterfield Scrip, Several Private Act Scrips, Sioux and Chippewa Indian Scrips, and Soldiers' Additional Homestead Certificates, will pay for such lands, but as they can also be located on unoffered tracts, and some of them even on unsurveyed lands, they sell for several dollars an acre. As the only object in using warrants or scrip for private entry or location is that they can be bought of private dealers for less than one dollar and twenty five cents per acre, the minimum price, the high-priced scrips are never used for private entry or location.

a. CASH PURCHASES.

The applicant will first present a written application to the Register for the district in which the land desired is situated, describing the tract he wishes to purchase, giving its area in the following form:

CASH APPLICATION.

I,

(Applicant's name)

-, Register of the land office at -, do hereby certify that the lot above described contains acres, as mentioned above, and that the price agreed upon is

per acre,

-, Register.

Thereupon the Register, if the tract is vacant, will so certify to the Receiver, stating the price, and the applicant must then pay the amount of the purchase money. The Receiver will then issue his receipt for the money paid, giving to the purchaser a dupli cate or copy of the receipt as follows:

No.

of

CASH RECEIPT.

RECEIVER'S OFFICE AT
(Date)
dollars and

18-. cents; being in

acres

county,

the sum of

Received from full for the quarter of section No. - in township No. ——, of range No. -, containing hundredths, at $- per acre.

and

Receiver.

At the close of the month the Register and Receiver will make returns of the sale to the General Land Office at Washington, from which, when the proceedings are found regular, a patent or complete title will be issued.

When patents are ready for delivery, they will in all cases be transmitted to the local office where the location or entry was made, where they can be obtained by the party entitled thereto, upon surrender of the duplicate receipt, or certificate, as the case may be; unless the duplicate shall have been previously filed in the General Land office, with a request that the patent be delivered to a certain party, or sent to a specified place. In no case will the patent be delivered either from Washington or the local office except upon receipt.of such duplicate, or, in case of its loss from any cause, upon the filing of an affidavit made by the present bona fide owner of the land, accounting for the loss, and also showing ownership of the tracts or a portion thereof embraced in the patent.

Formerly, when the duplicate was duly assigned by the locator, by a valid transfer in accordance with the laws governing transfer of real estate in the State where the land is situated, such assignment was recognized and patent issued accordingly, provided the duplicate with the assignment thereon was filed in the General Land Office prior to the issuing of patent; but in no case will a patent be issued hereafter to an assignee, unless the law governing the entry in question contains an express provision for the issuance of patents to assignees. Transfers of this kind must in all cases comply strictly with the law of the place, and if the assignor be a married man, and the statute requires the wife to join in the deed, it must be complied with, and in case of failure in this or other vital point, the patent will issue only in the name of the original purchaser.

b. LOCATIONS WITH WARRANTS.

Military Bounty-Land Warrants are issued by the Commissioner of Pensions for services in the several wars before 1855. No warrants are issued for services during the late civil war. These warrants call for 40, 60, 80, 120 or 160 acres of land, and being assignable can be located by a purchaser. Warrants and the several kinds of scrip should be bought only of responsible dealers, with a written guarantee that, in case of error in the assignment or other defect, or occasional forgery, the settler will not lose anything thereby. The market price of warrants is from $1.00 to $1.20 per acre.

Application must be made as in cash cases, but must be accompanied by a warrant duly, assigned as the consideration for the land; yet where the tract is $2.50 per acre, the party, in addition to the surrendered warrant, must pay in cash $1.25 per acre, as the warrant is in satisfaction of only so many acres at $1.25 per acre, or furnish a warrant of such denomination as will, at the legal value of $1.25 per acre, cover the rated price of the land. For example: a tract of 40 acres of land, held at $2.50 per acre, can be paid for with a warrant calling for 40 acres and the payment of $50 in cash, or by surrendering an eighty-acre warrant for the same -the 40 acres to be in full satisfaction for the said location. Or a tract of 80 acres, rated at $2.50 per acre, can be paid for by the surrender of two eighty-acre warrants. If there is a small excess excess in the area of the tract over the quantity called for on the face of the war rant in any case, such excess may be paid for in money.

A duplicate certificate of location will then be furnished the party, to be held until the patent is delivered, as in cases of cash sales.

The following fees are chargeable by the land officers, and must be paid at the time of location:

For a 40-acre warrant, 50 cents each, to the Register and Receiver-total, $1.00.
For a 60-acre warrant, 75 cents
For an 80-acre warrant, $1.00
For a 120-acre warrant, $1.50
For a 160-acre warrant, $2.00

c. AGRICULTURAL COLLEGE SCRIP.

"

1.50.

2.00.

3.00.

"

4.00.

This scrip was issued under the Act of Congress of July 2, 1862, for the establishment of Agricultural Colleges. There is very little of it now in market, and it is valued about the same as warrants. The manner of proceeding to acquire title with this class of paper is the same as in Cash and Warrant cases, the fees to be paid the land officers being the same as on warrants. Only three sections in each township and one million acres in any one state can be located at private entry with this scrip. It is restricted in this class of entries to a technical "quarter-section," that is, land embraced by the quarter-section lines indicated on the official plats of survey; or it may be located on a part of a "quarter-section" where such part is taken as in full for a quarter; but it cannot be applied to different sub-divisions to make ar area equivalent to a quarter-section.

d. SUPREME COURT SCRIP.

This scrip is issued by the General Land Office, under decrees of the United States Supreme Court, pursuant to Acts of Congress, to satisfy land claimants in Florida, Louisiana and Missouri, whose land has been sold, or otherwise disposed of, by the government. At

private entry, this scrip is locatable only upon minimum ($1.25) lands. The law authorizes no fees to be collected thereon by the local officers. The market price is $1.15 to $1.20 per

acre.

The party who desires to locate must surrender the scrip, and make application according to the following form:

ACTS OF JUNE 22, 1860, MARCH 2, 1867, AND JUNE 10, 1872.

REGISTER AND RECEIVER'S)

or

I,

in Township No.

ER'S NoSCRIP NO.. Scrip issued by virtue of a decree rendered on the day of States, for the claim of legal representatives. hereby apply to locate with the above-described certificate of Range No. -, containing

by the Supreme Court of the United quarter of Section No. acres, in the district of lands subject to sale

at

Witness my hand this
Attest:

day of, A. D., 188—.

(Applicant.)

Register.

Receiver.

A certificate of entry is then issued, as follows, a duplicate or copy being given to the party, to be held by him as his evidence of title until the patent shall be issued:

the

ACTS OF JUNE 22, 1860, MARCH 2, 1867, and JUNE 10, 1872.

CERTIFICATE OF ENTRY.
REGISTER No.

}

I certify that certificate of location, No. acres, issued by virtue of a decree rendered on the day of , by the Supreme Court of the United States, has this day been located by quarter Section No. ——, in Township No. of Range No. -, containing

These certificates of location, issued under the act of June 2, 1858, are used precisely in the same manner as the Supreme Court scrip. The application and certificate are the same with a few verbal changes.

f. REVOLUTIONARY BOUNTY LAND SCRIP.

It

This scrip is issued by the General Land Office in satisfaction of Virginia land-warrants. is "receivable in payment of any lands owned by the United States subject to sale at private entry," and can be applied at the rate of $1.25 per acre, in the same manner as money, in all cases where the tract applied for contains the area specified in the scrip, or more; where it contains less, the excess of the scrip cannot be refunded in money, but may be donated in the relinquishment as applicable to any other tract. There is very little of this scrip in the market.

g. CERTIFICATES OF DEPOSIT.

As set forth on page 22, settlers may have their lands surveyed in advance of the regular surveys by depositing the amount necessary therefor. The certificate (triplicate) may be assigned by the settler if not used in payment of his own land, and the assignment need not be sworn to, but simply indorsed on the certificate. These triplicate certificates are receivable from any person in payment for lands taken under the preëmption and homestead laws, but not for lands taken under any other laws. Where the amount of a certificate or certificates is less than the value of the lands taken, the balance must be paid in cash. Assignments may be made to more than one person. Settlers should make deposits in sums not to exceed two hundred dollars. These certificates can now be used only in the land district where issued.

h. OTHER KINDS OF SCRIP.

The other kinds of scrip heretofore named are used by speculators almost exclusively to locate valuable tracts of land that, as a rule, have been overlooked or not entered previously though some error or misunderstanding. Settlers therefore have no special interest in them; though they should bear in mind that unless they strictly comply with the law in the matter of filing their preliminary declarations, they are liable to have their improvements taken from them by speculators by the use of these several kinds of scrip.

Valentine, Sioux, and Chippewa Scrips can be located on unsurveyed land that is unoccupied, unimproved, and non-mineral in character. Porterfield warrants, Soldiers' Additional Homestead Certificates, and Private Act Scrips in general, can be located on unoffered land subject to Homestead Entry. Parties who wish to purchase Military Bounty Land Warrants, Supreme Court, Valentine, or other Scrips, or Soldiers' Additional Homestead Certificates, will address Editor of this Guide. See advertisement at end of book.

IV. Citizenship.

As aliens cannot acquire valid titles to real estate under the preemption, homestead, and other laws, the privileges of which are restricted to citizens, or those who have declared their intention to become such, it is important that foreigners seeking identification with the American community should be advised of the legal steps necessary to acquire citizenship. Any free white alien, over the age of twenty-one years, may at any time after arrival declare before any court of record having common law jurisdiction (with a clerk or prothonotary and seal) his intention to become a citizen, and to renounce forever all foreign allegiance. The declaration must be made at least two years before application for citizenship. At the expiration of two years after the declaration, and at any time after five years' residence, the party desiring naturalization, if then not a citizen, denizen, or subject of any country at war with the United States, should appear in a court of record, and there be sworn to support the Constitution of the United States and renounce foreign allegiance. If he possessed any hereditary title or order of nobility, such also must be renounced, and satisfactory proof produced to the court by the testimony of witnesses, citizens of the United States, of the five years' residence in the country, one year of which must be within the State or Territory where the court is held, and that during the fiveyear period he was a man of good moral character and attached to the principles of the Constitution; whereupon he will be admitted to citizenship, and thereby his children under twentyone years of age, if dwelling in the United States, will also be regarded as citizens.

Where the alien has made his declaration and dies before being actually naturaiized, the widow and children become citizens of the United States, and entitled to all rights and privileges as such, upon taking the prescribed oaths.

Any free white alien, being a minor, and under the age of twenty-one years at the time of arrival, who has resided in the country three years next preceding his majority of twenty-one years, may, after reaching such period and on five years' residence, including the three years of his minority, be admitted to citizenship without a preliminary declaration of intentions, provided he then makes the same, averring also on oath and proving to the court that for the past three years it had been his intention to become a citizen; also showing the fact of his residence and good character.

Children of citizens of the United States born out of the country are deemed citizens, the right not descending, however, to persons whose fathers never resided in the country; and any woman who might legally be naturalized, married, or who shall be married to a citizen of the United States, is held to possess citizenship.

An alien, twenty-one years and over, who enlists in the regular or volunteer army, and is honorably discharged therefrom, may be admitted to citizenship upon his simple petition and satisfactory proof of one year's residence prior to his application, accompanying the same with proof of good moral character and honorable discharge.

Proof of his citizenship may be procured from any court of record having common law jurisdiction, with a clerk and prothonotary and seal. It will be perceived that service alone does not secure citizenship. The petition and proof to the satisfaction of the court are essential, and citizenship thus obtained is necessary before homestead entry can be perfected.

V. Presentation of Appeals.

Any person making application to file upon or enter a tract of public land, having complied with the law and regulations touching the presentation of such application, and feeling aggrieved by the refusal of the Register and Receiver to recognize his claim, or by any order,

direction, or condition affecting the same, may appeal from the action of those officers to the Commissioner of the General Land Office, who is by law invested with the supervision and control of all matters relating to the disposal of the public land, subject to the direction of the Secretary of the Interior. The decision of the local officers is final if not appealed from within thirty days.

For the purpose of enabling such appeal to be taken and perfected, the Register and Receives will indorse upon the written application the date when presented and their reasons for refusing it, promptly advising the party in interest of the facts, and note upon their records a memoran dum of the transaction. The party aggrieved will then be allowed thirty days from the receip of notice of such action, within which to file his appeal to the Commissioner.

The appeal must be in writing, definitely setting forth in clear and concise terms the specific points of exception to the decision appealed from, and the reason or reasons upon which such exceptions are based.

Of the sufficiency of such appeal the General Land Office will be the judge, and will dismiss from further notice any case wherein the appeal is based upon frivolous grounds, or where the proper formalities and grounds are wanting, unless, in the record itself, either of the case or upon the books of this office, some sufficient cause shall be found for further consideration under the general power of supervision vested in the Commissioner by law.

Upon objection to the finding of the General Land Office regarding an appeal, the matter will be reported to the Honorable Secretary of the Interior for his direction therein.

The appeal must in all cases be filed with the district officers, to be forwarded by them with a full report of the case to the General Land Office.

This report should recite the proceedings had, to wit: The application and rejection, with the reasons therefor, and also the status of the tract involved, as shown by the records of the office, together with a reference to all entries, filings, annotations, memoranda, and correspondence shown by such record relating thereto, so as to direct the attention of the Commissioner to all the material facts and issues necessary to a proper determination of the questions presented. No appeal from the decision of the Register and Receiver will be received at the General Land Office unless forwarded through the local officers in the manner herein prescribed.

The report should be forwarded at orce upon the filing of the appeal, except in contested cases after regular hearing, when, unless all parties request its earlier transmission, it should not be made until the expiration of the thirty days included in the notice, in order that ali parties may have full opportunity to examine the record and prepare their argument upon the questions at issue. All documents once received must be kept on file with the cases, and no papers will be allowed under any circumstances to be removed from such files or taken from the custody of the Register and Receiver; but access to the same under proper rules, so as not to interfere with necessary public business, should be permitted to the parties in interest, under the supervision of those officers.

Upon any question relating to the disposal of the public lands, appeal from the decision of the Commissioner of the General Land Office will lie to the Secretary of the Interior (Revised Statutes, secs. 441, 2273), except in cases of interlocutory orders and decisions, and orders for hearing, or other matters resting in the sound discretion of the Commissioner. Such latter cases constitute matters of exception, which should be noted, and they will be considered by the Secretary on review.

The appeal is required to be made in writing, fairly and specifically stating the points of ex ception to the decision appealed from, and must be filed either with the Register and Receiver for transmission, or with the Commissioner, within sixty days from receipt, by the party or his attorney, of the notice of the decision.'

After appeal is filed, the fact of its receipt and pendency will be promptly communicated to the district office and to the parties, and thirty days from service of such notice will be allowed for the filing of argument on the points involved in the controversy. At the expiration of the time prescribed, the papers and record will be forwarded to the Secretary of the Interior. All arguments must be filed with the Commissioner within the time specified in the notice, in order