Bounty Land Claims.

Chaplains who served with the army in the several wars of this country. 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.

Each of the following is entitled to the same, without regard to the length of service, provided he was regularly mustered into service:

Officers and soldiers who have actually been in battle in any of the wars in which this country was engaged prior to March 3, 1855.

Those volunteers who served at the invasion of Plattsburgh, in September, 1814. The volunteers who served at the battle of Kings Mountain, in the Revolutionary War.

The volunteers who served at the battle of Nickojack against the confederated savages of the South.

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

Where the service has been rendered by a substitute, he is the person entitled to the benefit of these acts, and not his employer.

In the event of the death of any person who, if living, would be entitled to a certificate or warrant as aforesaid, leaving a widow, or, if no widow, a minor child or children, such widow, or children, is entitled to the same.

A subsequent marriage will not impair the right of any such widow, if she be a widow at the time of her application. Persons within the age of twentyone years on the 3d day of March, 1855, are deemed minors within the meaning of the acts.

To obtain the benefits of these acts, the claimant must make a declaration, under oath, substantially according to the forms hereto annexed.

The signature of the applicant must be attested, and his or her personal identity established, by the affidavits of two witnesses, whose residence must be given, and whose credibility must be sustained by the certificate of the magistrate before whom the application is verified.

All papers necessary to be verified by oath must be sworn to before, and certified and authenticated by, proper public officers who have no interest in the result of the case, and are not concerned in its prosecution; and every such public officer must set forth in his certificate that he is not so interested or concerned.

The official character and signature of the magistrate administering the oath (unless he is a notary, whose commission or a certified copy thereof, with proof of his signature, is on file in the Pension Office), must be certified by the clerk of the proper court of record of his county, under the seal of the court. Whenever the certificate of the officer who authenticates the signature of the magistrate is not written on the same sheet of paper which contains the signature to be authenticated, the certificate must be attached to such paper by a piece of tape or ribbon, the ends of which must pass under the official seal so as to prevent any paper from being improperly attached to the certificate.

To all official certificates by a notary public, of whose appointment general proof has been filed, as above suggested, should be added a brief reference to such proof on file, so as to insure against its being overlooked.

All applications in behalf of minors must be made in their names, by their guardian, or next friend.

Where there are several minors entitled to the same gratuity, one may make the declaration. In addition to proof of service, as in other cases, applications by minors must be supported by satisfactory proof of their being the lawful children of the soldier, on account of whose services their claim is made; of his death; of there being no widow surviving at the time of making the application; of their ages; and that they are the only surviving children of the deceased soldier who were under the age of twenty-one years on the 3d day of March, 1855. General reputation among those acquainted with the family, without any question of being the lawful children of the deceased soldier, will be received as evidence of their being such. Proof of the death of the soldier must be made, as in cases of applications by widows-see note (d) below. If

How Applied for.

there is any public record of the births of the children, a certificate of the same, properly authenticated, must be furnished. If there be none such, but a private or family record, it must be forwarded to the Office at Washington for inspection, with proof of its authenticity. It will be duly returned to the parties, if desired. But if no public or private record of the births exista or can be procured, that fact must be shown by proper affidavit, and then other evidence will be received. Witnesses to prove the ages must state particularly their means of knowledge concerning the date of birth, and how they now fix the date. To avoid mistakes, the names and ages of all the surviving children of the deceased soldier should be shown by proper proof, so that the officer may determine who of them are entitled to the land. Applications made by Indians must be authenticated according to the regulations to be prescribed by the Commissioners of Indian Affairs.

If record evidence of the service, on account of which a claim is made, exists, it must be produced. But if there be none, parol evidence will be received instead. In such cases, the positive testimony of at least two witnesses who were in the same service, or in a situation to know the facts about which they testify, will be required to establish the service alleged. And the witnesses, in their affidavits, must state particularly the facts and circumstances of the service claimed, and their means of knowledge concerning the same.

In every case documentary evidence of the service of the company to which the applicant claims to have belonged, will be required.

In no case will parol evidence be admitted to vary or discredit the length of any service shown by the rolls. When claim is made for any allowance on account of mileage not shown by the rolls, a declaration must be made stating the place where the company or corps in which service is alleged was organized-where it was mustered into the service of the United States-the distance between those two places-and by whose order the march was made. Also, the place where it was discharged from service, and the distance from thence to the place where it was organized. This statement must be supported by testimony of witnesses, or other proper proof.

In all claims under these acts reference may be made to any evidence on file in the office at Washington; but in all such references, care must be taken to give a particular description of the case in which, such evidence is. Agents must, in all cases, have proper authority from the claimants in whose behalf they appear. No power of attorney will be recognized as sufficient, unless signed in the presence of two witnesses, and acknowledged before a duly qualified officer, whose authority is certified under seal.

All additional evidence should be distinctly noted as such, with a particular description of the claim to which it relates.

In all correspondence with the Pension Office, in reference to claims for bounty land, parties should state the name of the applicant, the number of the application, and the act under which it was made.

447. Application for bounty land by one who has never applied before.. 448. Oath to identity.

PAGE

215

216

452. Application by the widow of a deceased person who has not had a warrant. 217 453. Application by widow for a second warrant......

218

447. Application for Bounty Land by One Who Has Never Applied Before. STATE OF

County of
On this

}

day of

A. D. one thousand eight hundred and personally appeared before me, a justice of the peace [or other officer authorized to administer oaths for general purposes], within and for the

in the State of who being duly sworn that he is the identical A. B.* who was a

manded by Captain M. N., in the

years, a resident of according to law, declares in the company com

Regiment of [here designate the State, or, if in the regular army, say, United States] infantry [or, cavalry], commanded by O. P., in the war with Great Britain, declared by the United States, on the 18th day of June, 1812 [or designate other war specified in the statute], that he enlisted [or, volunteered, or, was drafted] at

or about the day of

A. D.

on

and con

tinued in actual service in said war for the term of fourteen days, and was honorably discharged at on the day of [If discharged by reason of disability incurred in the service, add, by reason of a wound [here designate it fully], which he received [or, a disease, designating it fully, which he contracted] on the day of

18 at in the State of while in the service aforesaid, and in the line of his duty.]† (6) He makes this declaration for the purpose of obtaining the bounty land to which he may be entitled under the act approved March 3, 1855. He also declares that he has not received a warrant for bounty land under this or any other act of Congress, nor made any other application therefor. § [Signature of the claimant.]

448. Oath to Identity.(c)

in the State of

WE, Q. R. and S. T., residents of , upon our oaths, declare that the foregoing declaration was signed and acknowledged by A. B., in our presence, and that we know personally [or, we believe, from the appearance and statements of the applicant, setting forth any further grounds of belief the witnesses may have] that he is the identical person he represents himself to be. [Signatures of witnesses.]

449. Magistrate's Certificate.(c)

THE foregoing declaration and affidavit were sworn to and subscribed before me on the day and year above written; and I certify that I know the

(b) If he was discharged while in captivity, state the facts.

(c) The best evidence of identity is the affidavits of the witnesses, or the certificates of the magistrates to the same, as a matter within their personal knowledge. Statements of belief merely will not be sufficient. If, however, the witnesses or magistrate cannot state from personal knowledge, statements of belief, with the grounds of such belief, will be received. If from acquaintance, the particulars of the acquaintance should be stated, so that it may be seen how far they warrant the belief stated. So if from other grounds.

The above forms are the proper ones, where the identity of the applicant is within the personal knowledge of the magistrate.

The certificate can be varied according to the circumstances, as there indicated. No certificate will be deemed sufficient in any case,

unless the facts are certified to be within the personal knowledge of the magistrate or other officer, who shall sign the certificate, or the names and places of residence of the witnesses by whom the facts are established be given, and their affidavits, properly authenticated, be appended to the certificate.

Application for Second Warrant.

affiants to be credible persons; that the claimant is the person he represents himself to be [or, that I believe, from the appearance and statements of the claimant, and from the facts that, here set forth the grounds of belief, that he is the person he represents himself to be], and that I have no interest, direct or indirect, in the prosecution of this claim.

hereby certify that M. N., the person subscribing the foregoing certificate and affidavit, and before whom the same was made, was, on the

day of 18 therein mentioned, a notary public [or other officer] in and for said county, duly authorized to administer oaths and affirmations for general purposes, and that I am well acquainted with the handwriting of the said M. N., and verily believe that the name of M. N., subscribed to the said certificate, is his proper and genuine signature.

IN TESTIMONY WHEREOF, I have hereunto set

451. Application for a Second Warrant.

[As in Form 447, to the †, thence continuing thus:] And that he has heretofore made application for bounty land under the act of September 28, 1850 [or other act, as the case may be], and received a land-warrant, No. for

acres.

He makes this declaration for the purpose of obtaining the additional bounty land to which he may be entitled under the act approved the 3d day of March, 1855. He also declares that he has never applied for nor received, under this or any other act of Congress, any bounty land-warrant except the one above mentioned. [Signature of the claimant.]

[Add affidavit to identity and attestation by magistrate, as in Forms 448 and 449.]

452. Application by Widow of a Deceased Person Who Has Not Had a Land Warrant.(d)

[As in Form 447, inserting in lieu of the words between the ** the follow ing] She is the widow of C. B., deceased [and in lieu of the words between

(d) Applications by widows must be supported by satisfactory proof of the

marriage of the claimant, to the soldier on account of whose services her claim is

Widow's Application for Bounty Land.

the and the § the following:] She further states that she was married to the said

on the day of

and that her name before her said marriage was said husband died at

She makes this declaration for the purpose of obtaining the bounty land to which she may be entitled under the "Act approved March 3, 1855." [Signature of claimant.]

453. Application by Widow for A Second Warrant.(e)

[As in Form 447, inserting in lieu of the words between the ** the following:] she is the widow of C. B., deceased [and in lieu of the words between the* and the the following:] She further states that she was married to the said

and that her name before her said marriage was said husband died at

She further declares that she has heretofore made application for bounty land under the act approved September 28, 1850 [or other act, as the case may be], and obtained a land-warrant for

has legally disposed of, and it cannot now be returned. She makes this declaration for the purpose of obtaining the bounty land to which she may be entitled under the act approved March 3, 1855.