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the expense of the claimant, the register of such land office shall cause notice of such application to be published for at least sixty days in a newspaper of general circulation published nearest the claim within the district of Alaska, and the applicant shall at the time of filing such field notes, plat, and application to purchase in the land office, as aforesaid, cause a copy of such plat, together with the application to purchase, to be posted upon the claim, and such plat and application shall be kept posted in a conspicuous place on such claim continuously for at least sixty days, and during such period of posting and Adverse claimpublication or within thirty days thereafter any person, corporation, or association, having or asserting any adverse interest in, or claim to, the tract of land or any part thereof sought to be purchased, may file in the land office where such application is pending, under oath, an adverse claim setting forth the nature and extent thereof, and such adverse claimant shall, within sixty days after the filing of such adverse claim, begin action to quiet title in a court of competent jurisdiction within the District of Alaska, and thereafter no patent shall issue for such claim until the final adjudication of the rights of the parties, and such patent shall then be issued in conformity with the final decree of the court.

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Cases of "sus

pended entries of

"suspended pre

Aug. 3, 1846, 9

BOARD OF EQUITABLE ADJUDICATION.

Revised Statutes.-Secs. 2450-2457-Entries on which there has been substantial compliance with the law but lacking in some formality resulting from ignorance, accident, or mistake satisfactorily explained, to be decided on principles of equity and justice under regulations of the Commissioner, the Secretary of the Interior, and the Attorney General.

UNITED STATES REVISED STATUTES.

SEC. 2450. The Commissioner of the General Land public lands" and Office is authorized to decide upon principles of equity emption land and justice, as recognized in courts of equity, and in acclaims." cordance with regulations to be settled by the Secretary S.,51; Mar. 3, 1853, of the Interior, the Attorney-General, and the Commis26, 1856, 11's., 22; sioner, conjointly, consistently with such principles, all June 1, 1874, 18 S., cases of suspended entries of public lands, and of sus19 S., 244. pended preemption land claims, and to adjudge in what cases patents shall issue upon the same.

10 S., 258; June

50; Feb. 27, 1877,

Adjudicati ons under above; how approved.

Aug. 3, 1846, 9

8., 51; Feb. 27,

SEC. 2451. Every such adjudication shall be approved by the Secretary of the Treasury and the Attorney-General, acting as a board; and shall operate only to divest 1877, 19 S., 244. the United States of the title of the lands embraced thereby, without prejudice to the rights of conflicting claimants.

Decisions to be arranged into classes.

Aug. 3, 1846, 9

8., 51.

Patents to issue for lands in the

lands in second

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SEC. 2453. The Commissioner shall arrange his decisions into two classes; the first class to embrace all such cases of equity as may be finally confirmed by the board, and the second class to embrace all such cases as the board reject and decide to be invalid.

SEC. 2454. For all lands covered by claims which are first class, and placed in the first class, patents shall issue to the claimclass to revert ants; and all lands embraced by claims placed in the United second class shall ipso facto revert to, and become part of, the public domain.

to the

States.

Ibid.

Patents surren

dered and new

ones issued

certain cases.

S., 258.

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SEC. 2456. Where patents have been already issued in on entries which are confirmed by the officers who are Mar. 3, 1853, 10 constituted the board of adjudication, the Commissioner of the General Land Office, upon the canceling of the outstanding patent, is authorized to issue a new patent, on such confirmation, to the person who made the entry, his heirs or assigns.

SEC. 2457. The preceding provisions, from section twenty-four hundred and fifty to section twenty-four hundred and fifty-six, inclusive, shall be applicable to all cases of suspended entries and locations which have arisen in the General Land Office since the twenty-sixth day of June, eighteen hundred and fifty-six, as well as to all cases of a similar kind which may hereafter occur, embracing as well locations under bounty-land warrants as ordinary entries or sales, including homestead entries and preemption locations or cases; where the law has been substantially complied with, and the error or informality arose from ignorance, accident, or mistake which is satisfactorily explained; and where the rights of no other claimant or pre-emptor are prejudiced, or where there is no adverse claim.

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Military bounty-land warrants

BOUNTY LAND WARRANTS.

Revised Statutes.-Secs. 2414-2415-Warrants assignable-To
be located on one body of land subject to private entry-If
value of land exceeds $1.25 per acre, difference to be paid in
cash-One location exhausts warrant....

Sec. 2436.-All sales prior to issue of warrant are void. Secs.
2441-2444-Duplicate in lieu of lost or destroyed warrant―
Patent to issue in name of heirs if soldier dies after location and
before patent-If soldier dies after establishing right to war-
rant title, when issued, vests in widow, heirs or legatees. Sec.
5420-Penalty for forging or counterfeiting..

Act of March 2, 1889 (25 Stat., 854)-Only lands in Missouri sub-
ject to private entry..

Act of December 13, 1894 (28 Stat., 594)-May be used at $1.25
per acre in desert-land and timber and stone entries, and in
payment for lands sold at public auction. A warrant may
also be used in payment of $1.25 an acre on commuted home-
steads...

UNITED STATES REVISED STATUTES.

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Page.

44

44, 46

46

47

SEC. 2414. All warrants for military bounty lands and locations as- which have been or may hereafter be issued under any Mar. 22, 1852, law of the United States, and all valid locations of the 10 S., 3; June 3, same which have been or may hereafter be made, are

signable.

1858, 11 S., 309.

Warrants locat

ed at $1.25; excess paid in cash.

Mar. 22, 1852, 10 S., 3.

Sales, mortgages, letters of

made before issue

declared to be assignable by deed or instrument of writing, made and executed according to such form and pursuant to such regulations as may be prescribed by the Commissioner of the General Land Office, so as to vest the assignee with all the rights of the original owner of the warrant or location.

SEC. 2415. The warrants which have been or may hereafter be issued in pursuance of law may be located according to the legal subdivisions of the public lands in one body upon any lands of the United States subject. to private entry at the time of such location at the minimum price. When such warrant is located on lands which are subject to entry at a greater minimum than one dollar and twenty-five cents per acre, the locator shall pay to the United States in cash the difference between the value of such warrants at one dollar and twenty-five cents per acre and the tract of land located But where such tract is rated at one dollar and twenty-five cents per acre, and does not exceed the area specified in the warrant, it must be taken in full satisfaction thereof.

on.

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SEC. 2436. All sales, mortgages, letters of attorney, or attorney, etc., other instruments of writing, going to affect the title or of warrant to be claim to any warrant issued, or to be issued, or any land void. Sept 28, granted, or to be granted, under the preceding provisions of this chapter, made or executed prior to the issue of

1850, 9 S., 521.

such warrant, shall be null and void to all intents and purposes whatsoever; nor shall such warrant, or the land obtained thereby, be in anywise affected by, or charged with, or subject to, the payment of any debt or claim incurred by any officer or soldier, prior to the issuing of the patent.

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New warrant is.

June 23, 1860, 12

SEC. 2441. Whenever it appears that any certificate or sued in lieu of lost warrant, issued in pursuance of any law granting bounty warrant. land, has been lost or destroyed, whether the same has s., 90; June 20, been sold and assigned by the warrantee or not, the Sec- 1874, 18 S., 111. retary of the Interior is required to cause a new certificate or warrant of like tenor to be issued in lieu thereof; which new certificate or warrant may be assigned, located, and patented in like manner as other certificates or warrants for bounty land are now authorized by law to be assigned, located, and patented; and in all cases where warrants have been, or may be, reissued, the original warrant, in whosoever hands it may be, shall be deemed and held to be null and void, and the assignment thereof, if any there be, fraudulent; and no patent shall ever issue for any land located therewith, unless such presumption of fraud in the assignment be removed by the proof that the same was executed by the warrantee in good faith and for a valuable consideration.

Secretary of In.

terior.

Ibid.

SEC. 2442. The Secretary of the Interior is required to Regulations by prescribe such regulations for carrying the preceding section into effect as he may deem necessary and proper, in order to protect the Government against imposition and fraud by persons claiming the benefit thereof; and ali laws and parts of laws for the punishment of frauds against the United States are made applicable to frauds under that section.

lands.

SEC. 2443. In all cases where an officer or soldier of the Mode of issuing patent to the Revolutionary War, or a soldier of the War of Eighteen heirs of perons enhundred and twelve, was entitled to bounty land, has titled to bounty died before obtaining a patent for the land, and where Mar. 3, 1843, 5 application is made by a part only of the heirs of such de- S., 650. ceased officer or soldier for such bounty land, it shall be the duty of the Secretary of the Interior to issue the patent in the name of the heirs of such deceased officer or soldier, without specifying each; and the patent so issued in the name of the heirs, generally, shall inure to the benefit of the whole, in such portions as they are severally entitled to by the laws of descent in the State or Territory where the officer or soldier belonged at the time of his death.

Death of claimant after estab

warrant

SEC. 2444. When proof has been or hereafter is filed in the Pension Office, during the lifetime of a claimant, es- lishing right and tablishing, to the satisfaction of that office, his right to a before issuing of warrant for military services, and such warrant has not June 3, 1858, 11 been, or may not be, issued until after the death of the S., 308. claimant, and all such warrants as have been heretofore issued subsequent to the death of the claimant, the title

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