321. Former evidence of right to bounty 342. Issuance and location of judicial scrip land to be received in certain cases. 322. Allowance of time of service for dis- 323. Indians included.. in lieu of confirmed private land 343. Patent to issue on scrip locations. 348. 349. 328. New warrant issued in lieu of lost Chippewa half-breed scrip, Lake Superior bands. Certain lands located in good faith by claims arising under treaty of Sept. 30, 1854, may be purchased, &c. Scrip to be issued in lieu of revolutionary bounty-land warrants. Scrip to be issued in lieu of Virginia bounty-land warrants. SEC. 307. Each of the surviving, or the widow or minor for soldiers in cer- children of deceased commissioned and non-commissioned Bounty lands tain wars. 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, eighteen hundred and twelve, or in any of the Indian wars since seventeen hundred and ninety, and prior to the third of March, eighteen hundred and fifty, 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 one hundred and sixty acres, and those who engaged to serve six months, and actually served four months, shall receive eighty acres, and those who engaged to serve for any or an indefinite period, and actually served one month, shall receive forty 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 one hundred and sixty acres of land: or at option Treasury scrip for one hundred dollars bearing interest at six per cent. per annum, payable semi-annually, 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. 2 Op. Att. Gen. 501, 506; 3 id. 382; 5 id. 387, 109, 702; 9 id. 427. People v. Auditor, 9 Mich. 134; Matthews v. Rector, 24 Ohio St. 439. Cir. G. L. Ó., June 3, 1847 (1 Lester's L. L. 576); Oct. 1, 1847 (1 id. 578); April 1, 1848 (1 id. 579); Aug. 28, 1848 (1 id. 580); March 31, 1851 (1 id. 581); March 31, 1851 (1 id. 583); April 4, 1851 (1 id. 584). Cir. Com. Pensions, 1879. SEC. 308. The persons enumerated in the preceding sec- Certain classes tion received into service after the commencement of the of persons in the Mexican war, war with Mexico, for less than twelve months, and who their widows served such term, or were honorably discharged, are enti- &c., entitled to tled 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, eighteen hundred and forty-seven, 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. 2 Op. Att. Gen. 501. Cir. G. L. O., June 3, 1847 (1 Lester's L. L. 576); March 31, 1851 (1 id. 581). Cir. Com. Pensions, 1879. forty acres. since 1812. SEC. 309. Where the militia, or volunteers, or State troops Militia and volof any State or Territory, subsequent to the eighteenth day unteers in service of June, eighteen hundred and twelve, and prior to March twenty second, eighteen hundred and fifty-two, were called into service, the officers and soldiers thereof shall be entitled Persons not en ceding sections. to all the benefits of section three hundred and seven upon proof of length of service as therein required. 10 Stat. 4; R. S. 2420. 2 Op. Att. Gen. 501. SEC. 310. No person shall take any benefit under the protitled under pre-visions 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, eighteen hundred and fifty-two. Period of captivity added to actual service. Warrant and when. 9 Stat. 520; R. S. 2421. Decisions Sec. Int., April 12, 1855 (1 Lester's L. L. 614). SEC. 311. 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 three hundred and seven and three hundred and nine, 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. SEC. 312. Every person for whom provision is made by patent to issue, sections three hundred and seven and three hundred and nine 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. Widows of persons entitled. Additional bounty lands, &c. 9 Stat. 520; R. S. 2423. Wirth v. Branson, 8 Otto, 118. 2 Op. Att. Gen. 501; 5 id. 387, 657, 702. Galup v. Armstrong, 22 Cal. 480; Callaway v. Fash, 50 Mo. 420; Fisher v. Wisner, 34 Iowa, 447; Railway Co. v. Clingman, 43 id. 303; Scott v. Chickasaw Co., 46 id. 253; Calder v. Keegan, 30 Wis. 123; Ausley v. Petenon, 30 id. 653; Merrill v. Hartwell, 11 Mich. 200; Johnson v. Gilfillan, 8 Minn. 395; Brill v. Styles, 35 Ills. 305. Cir. G. L. O., March 31, 1851 (1 Lester's L. L. 581). Cir. Com. Pensions, 1879. SEC. 313. In the event of the death of any person, for whom provision is made by sections three hundred and seven and three hundred and nine, 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 one hundred and sixty 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. 2 Op. Att. Gen. 501, 506. SEC. 314. 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 seventeen hundred and ninety, and prior to the third day of March, eighteen hundred and fifty-five, shall be entitled to receive a warrant from the Department of the Interior, for one hundred and sixty acres of land; and, where any person so entitled has, prior to the third day of March, eighteen hundred and fifty-five, received a warrant for any number of acres less than one hundred and sixty, he shall 10 Stat. 701, 702; R. S. 2425. 2 Op. Att. Gen. 501; 5 id. 387, 609, 702. SEC. 315. The classes of persons embraced as benefi-, Classes under last section speciciaries under the preceding section, are as follows, namely: fied. First. 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. Second. Commissioned and non-commissioned officers, seamen, ordinary seamen, flotilla-men, marines, clerks, and landsmen in the Navy. Third. 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. Fourth. 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. Fifth. Officers and soldiers of the revolutionary war, and marines, seamen, and other persons in the naval service of the United States during that war. Sixth. Chaplains who served with the Army. Seventh. 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. 2 Op. Att. Gen. 501. SEC. 316. The following class of persons are included as beneficiaries under section three hundred and fourteen, without regard to the length of service rendered: First. Any of the classes of persons mentioned in section three hundred and fifteen who have been actually engaged in any battle in any of the wars in which this country has been engaged since seventeen hundred and ninety, and prior to March third, eighteen hundred and fifty-five. Second. Those volunteers who served at the invasion of Plattsburgh in September, eighteen hundred and fourteen. Third. The volunteers who served at the battle of King's Mountain, in the Revolutionary war. Fourth. The volunteers who served in the battle of Nickojack against the confederate savages of the South. Fifth. The volunteers who served at the attack on Lewistown, in Delaware, by the British fleet, in the war of eighteen hundred and twelve. 10 Stat. 702; R. S. 2427. 2 Op. Att. Gen. 501. What classes of persons en titled under sec tion 314 without regard to length of service. SEC. 317. In the event of the death of any person who Widows and would be entitled to a warrant, as provided in section three children of perhundred and fourteen, leaving a widow, or, if no widow, a der section 314. sons entitled un Subsequent 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, eighteen hundred and fifty-five. 10 Stat. 702; R. S. 2428. 2 Op. Att. Gen. 501, 506., $ SEC. 318. A subsequent marriage shall not impair the marriage of wid-right of any widow, under the preceding section, if she be a widow at the time of her application. Ow. Minors under section 317. Proofof service. Former evi tain cases. 10 Stat. 702; R. S. 2429. SEC. 319. Persons within the age of twenty-one years on the third day of March, eighteen hundred and fifty-five, shall be considered minors within the intent of section three hundred and seventeen. 10 Stat. 702; R. S. 2430. SEC. 320. 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. SEC. 321. Where certificate or a warrant for bounty land dence of right to bounty land to be for any less quantity than one hundred and sixty acres received in cer- 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 one hundred and sixty 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. Allowance of distance from muster or discharge. 11 Stat. 8; R. S. 2432. 2 Op. Att. Gen. 501. SEC. 322. When any company, battalion, or regiment, in time of service for an organized form, marched more than twenty miles to the home to place of 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 discharged, to the place where it was organized, and from whence it marched to enter the service, provided that such march was in obedience to the command or direction of the President, or |