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quent assignments appear on separate pieces of paper, instead of being attached thereto in such a way as to show their execution to have been effected with the warrants before the proper officers certifying to the acknowledgments thereof.
3. Upon assignments by minor warrantees, without proof of the time when they attained their majority.
4. Upon assignments by guardians of minor warrantees, or of minor heirs of deceased warrantees or assignees, without proof of guardianship, or of authority from the proper court for the sale of the real estate of their wards, and in case of the heirs of such deceased warrantees or assignees, without proof of such death, the time when, and that the persons named are the heirs, and only heirs at law, of the decedent.
5. Upon assignments executed by administrators or widows of deceased warrantees, neith er of whom has any right to assign the same, except in the states where the administrator of an intestate is invested, by statutory provision, with power to alienate the real estate of his intestate, and then only for division and not for the payment of debts contracted prior to the issue of the patent.
6. Upon assignments unattested by two witnesses, or, without the proper certificate that the assignor was well known to the justice of the peace, or notary public, or other officer taking the acknowledgment, or without the proper evidence that the justice of the peace, or notary, or such other officer, was such at the time, and that his signature is genuine.
7. Upon assignments executed by females, without evidence, when femmes sole, that they were twenty-one years of age, and when femmes covert, without a union in such assignments by their husbands.
8. Where two assignments exist-one made to one person, but before a perfection of the acknowledgment thereof, a second assignment is executed to another, without any satisfactory explanation as to the first.
9. Upon assignments where the blank is not filled with the name of the assignee who locates.
10. Upon assignments where the name of the assignee is inserted in the place occupied by the erased name of a prior assignee, or by an interlineation thereof above such erasure.
11. Upon assignments executed by a commissioner, or other designated person, alleged to be acting under a decree of a court, without the requisite evidence of his authority as such, and that the decree embraced the property assigned.
12. Upon assignments by executors, without a duly certified copy of the will, showing that power to sell was conferred on such executor.
13. Where certificates of location are unsigned by the parties locating.
14. Without oaths of identity where warrantees or guardians of minors locate for their wards.
15. Locations by attorneys of assignees, without the powers of attorney accompanying the
16. The locations made by a person whose name entirely differs from that in the assignment, sometimes in the christian name, at others, in the orthography of the surname, and at others, in the presence or absence of an initial letter in a middle name, or otherwise.
You are strictly enjoined to refuse any location where either of the foregoing objections, or others of a like character, exist, requiring every applicant to have his warrant perfected in every respect, so that no subsequent action may be necessary for that purpose.
Should errors or irregularities, such as those above-mentioned, occur under this act, in all the instances herein enumerated, except the eighth and tenth, the mere statement of the defect carries with it the requisite knowledge of the method of amendment, viz: by supplying the
In reference to the first of said exceptions, (No. 8,) the assignor should, in the subsequent assignment, refer to the first one executed, and specify a satisfactory reason for the execution of the second. In reference to the latter of said exceptions, (No. 10,) there should be an acknowledgment from the person whose name was erased, that it had been erroneously inserted therein, and erased with his knowledge and consent, and that he claimed no right or interest in the warrant; when such person cannot be found, an assignment possessing the defect under consideration will not be respected by this office, unless the validity thereof is satisfactorily affirmed by a court of competent jurisdiction. No such erasure and substitution should be made in any case, but the chain of title perfected by a regular assignment; and land officers are therefore prohibited from sanctioning, as heretofore, such alterations in their presence by the parties interested, it being easier and entirely free from objections which may be urged to the other course, for the parties to perfect the chain of title desired, in the regular mode, than first to commit the error referred to, and then furnish the requisite evidence of its correction, amounting in fact to a regular assignment.
SEC. No. 8.-Where military warrants under this act shall issue to persons who died before or after the date of the warrant, the following general principles governing in such cases are given: 1. Where a soldier shall have died before the date of the warrant, it is a nullity, and should be surrendered to the pension office, with a view to the issue of a new one to the widow, if one
exists, and if not, to the minor children of the soldier, in whom alone exists the right to such warrant, in the respective instances cited.
2. Where the soldier shall have died after the date of the warrant, and before its location or sale, the property therein descends to his heirs at law, who alone have the right to locate or dispose of the same, unless express provision is made in the will of said decedent, in which case it follows, of course, the special devise so made. Proof must be submitted of the demise of the warrantee, and the date when, and a certified copy of the will making the devise in question either in specific terms, or by a devise of his real estate generally, which would of course include such warrant. Where no will has been made, in addition to proof of the demise and the period thereof, it should be shown, who are the heirs, and only heirs; and if any of them are minors, they must act through their guardians, whose appointment is to be proven; and if such action is for the sale of the warrant, express authority to that effect must be shown to have been given by the proper probate court. Where the warrant may issue to minor children, or where persons shown to be heirs at law of a deceased warrantee or assignee, unite personally in an assignment, it must be shown that at the date thereof they had each attained the age of twenty-one years; and where the said heirs, or any portion of them, are femmes covert, their husbands must unite in the assignment.
The proof herein referred to must be attached to the warrant, and should be such as has been taken before the probate court, or other legal tribunal having jurisdiction over the estates of deceased persons, and consist not of the mere certificate of the ministerial officer of such court of the facts referred to, but of transcripts from the records of such court, duly certified and under seal, which transcripts of themselves evidence such facts.
3. Where the warrant may have been assigned, and the last assignee dies without having located or disposed thereof, the same rules apply in reference to its devise or descent to his heirs at law, except that in such case it is liable for the debts of the assignee, the exception in this particular applying to the warrant, or the land located therewith, only while such warrant or land belongs to the warrantee.
4. These warrants being regarded as real estate are to be treated as such, and hence such action in relation thereto by the local courts as would be applicable to mere chattel property, under the law of the particular state in which the decedent had his domicil, will not be sufficient, and cannot be respected.
5. Where the heirs are scattered, or other causes render it difficult or impracticable to obtain their individual assignments, then, on a decree of the proper court, in a proceeding similar to a petition for partition, the assignment may be made by the commissioner appointed for that purpose, and a certified transcript of the proceedings of the court should be appended to the
6. Where the assignment of a warrant is executed by the warrantee or an assignee, or by any of the heirs of either, in a foreign country, it should be done in accordance with the laws of that country authorizing the sale and transfer of real estate, and the attestation of the American consul in such foreign country should be obtained as to the official character and genuineness of the signature of the persons before whom the acknowledgment of the assignment was taken; or, if the official character, etc. of such foreign functionary is attested by a consular agent of such foreign government residing in this country, his official character must be certified to by the official representative of such foreign government in the United States. Where such assignments are executed in a foreign language, duly authenticated translations thereof must be also furnished.
7. Widows, as such, of deceased warrantees, have no right to locate or assign said warrants; neither have administrators, except where the statute laws of a state gives them express authority to dispose of the realty of their intestates, and then only for division, as before stated; in which case it should be evidenced by a proper certificate to that effect on the face of the warrant.
8. A warrant issued to minor heirs, or assigned by a warrantee to three or more persons, cannot be located if assigned by one portion of the parties to another portion, or to other persons, so as to invest any one of the parties with a greater interest than any other. In other words, each owner of a warrant, at the time of its location, must have an equal share or interest therein.
9. Where an assignment may have been apparently agreed upon, as evinced by a partial execution thereof, and the assignor dies before it is fully completed by the attesting signatures. of two witnesses, and acknowledgment before a proper officer, the assignment must be made de novo by the heirs-at-law, accompanied by satisfactory explanatory evidence as to the incom-plete assignment. Where an assignment has been signed and witnessed but not acknowledged, it can be proved in open court in accordance with the local laws, and in the same manner that a deed for real estate could be established under like circumstances.
10. Parties in interest are not to be recognized as legal attesting witnesses to an assignment, and the legibility of the names of parties should in all cases be required; neither can an officer take an acknowledgment of an assignment to himself.
As to Locations.
SEC. No. 9.-There are three modes by which these locations may be made:
1. By the warrantee, or other legal owner of the warrant in person.
2. By the warrantee, or other legal owner of the warrant, through the agency of this office. 3. By an agent or attorney of either of said parties.
If the first or second mode is adopted, the application must be made in writing, specifying the tract, land district, or section of country in which the location is desired, and be accompanied by an affidavit according to form No. 1, hereto appended.
Where the third mode is adopted, a power of attorney must be produced, executed by the owner of the warrant in the presence of a witness, according to form No. 2; which power of attorney must be acknowledged, or proved, as the case may be, before some officer authorized to take the acknowledgment of deeds, according to form No. 3, or No. 4.
In all cases the patents will be transmitted to the land office where the location is made, unless special instructions to the contrary be given; in which last case the duplicate certificate of location must be previously transmitted to this office; and in no case will the patent be delivered, either by this or the local land office, without the surrender of this duplicate certificate of location.
As to Assignments and Powers of Attorney.
SEC. No. 10.-Assignment No. 5 and the proper acknowledgment must be indorsed upon the warrant, and No. 6 and the proper acknowledgment upon the certificate of location, and must be attested by two witnesses, acknowledged before a register or receiver of a land office, a judge of a court of record, a clerk thereof when authorized to take acknowledgments, a jus tice of the peace, notary public, or a commissioner of deeds resident in the state from which he derives his appointment; and in every instance where the acknowledgment is made before either of the officers above specified, except the register or receiver of a land office, or the clerk of a court of record, it must be accompanied by a certificate, under seal of the proper authority, of the official character of the person before whom the acknowledgment was made, and also of the genuineness of his signature, according to form No. 8.
Where warrants are disposed of under powers of attorney, form No. 7 is prescribed for that purpose which, however, must invariably be indorsed on the warrant, or they will not be recognized.
The acknowledgment of this power of attorney must be taken and certified in the same manner as the acknowledgments of the sales of the warrant or certificate of location herein before prescribed, and must also be indorsed on the warrant.
FORM No. 1.
For the Location of the Warrant.
Before me, [a justice of the peace or other officer authorized to take affidavits] personally appeared [here insert the name of the warrantee] who, being duly sworn, deposes and says that he is the identical [here insert the name of the warrantee] to whom warrant No. acres under the act of March third, eighteen hundred and fifty-five, was issued on day of 18-, and who now applies to locate the same. Sworn to and subscribed before me this [Officer's signature.]
FORM No. 2.
Know all men by these presents, that I, [here insert the name of warrantee] of the county of do hereby constitute and appoint
and state of
and lawful attorney, for me and in my name, to locate land warrant No. acres of land, which issued under the act of March third, eighteen hundred and fifty-five. [Power of substitution may be inserted, if desired.]
Signed in presence of
FORM No. 3.
day of -, in the year —, personally appeared [here insert the name of warrantee] and acknowledged the within power of attorney to be his act and deed; and I certify that I well know the said [here insert the name of warrantee], and that he is the same person who is described in the within power, and who executed the same.
in the year
I hereby certify that on this day of personally came before me [here insert the name of witness] and [here insert the name of warrantee], and the said [here insert the name of witness] being well known to me, was duly sworn by me, and on his oath declared and said that he well knew the said [here insert the name of warrantee] and that he was the same person described in and who executed the within power of attorney, and his testimony was to me satisfactory evidence of that fact; and the said [here insert the name of warantee] thereupon acknowledged the said power to be his act and deed.
FORM No. 5.
For the Assignment of the Warrant.
was issued [or assigned, and to his heirs and
For value received, I, A. B., to whom the within warrant No. as the case may be,] do hereby sell and assign unto C. D. of assigns forever, the said warrant, and authorize him to locate the same and receive a patent therefor.
Witness my hand and seal, this
Attest: E. F.
day of, 18-.
A. B., [SEAL.]
Of Acknowledgment where the Vendor is known to the Officer taking the same.
day of, in the year
On this before me personally came [here insert the name of the warrantee or assignor] to me well known and acknowledged the foregoing assignment to be his act and deed; and I certify that the said [here insert the name of warrantee or assignor] is the identical person to whom the within warrant issued [or was assigned, as the case may be,] and who executed the foregoing assignment thereof.
Of Acknowledgment where the Vendor is not known to the Officer, and his identity has to be proved.
On this before me personally came [here insert the name of the warantee or assignor] and [here insert the name and residence of a witness,] and the said [here insert the name of the witness] being well known to me as a credible and disinterested person, was duly sworn by me, and on his oath declared and said, that he well knows the said [here insert the name of the warrantee or assignor] and that he is the same person to whom the within warrant issued [or was assigned] and who executed the foregoing assignment; and his testimony being satisfactory evidence to me of that fact, the said [here insert the name of the warrantee or assignor] thereupon acknowledged the said assignment to be his act and deed.
FORM No. 6.
For the Assignment of the Location.
For value received, I, A. B., to whom the within certificate of location was issued, do hereby sell and assign unto C. D., and to his heirs and assigns forever, the said certificate of location, and the warrant and land therein described, and authorize him to receive the patent therefor. Witness my hand and seal, this day of 18-. A. B. [SEAL.]
Attest: E. F.
Of Acknowledgment where the Vendor is personally known to the Officer taking the same.
day of, in the year before me personally came [here insert the name of the person to whom the certificate of location issued,] to me well known, and acknowledged the foregoing assignment to be his act and deed; and I certify that the said [here insert the name of the person to whom the certificate of location issued] is the identical person to whom the within certificate of location issued, and who executed the foregoing assignment thereof. [Officer's signature.]
Of Acknowledgment where the Vendor is not personally known to the Officer, and where his identity has to be proved.
day of, in the year
On this before me personally came [here insert the name of the person to whom the certificate of location issued] and [here insert the name and resi dence of a witness,] and the said [here insert the name of the witness] being well known to me as a credible and disinterested person, was duly sworn by me, and on his oath declared and said that he well knows the said [here insert the name of the person to whom the certifi cate of location issued] and that he is the same person to whom the within certificate of loca tion issued, and who executed the foregoing assignment; and his testimony being satisfactory evidence to me of that fact, the said [here insert the name of the person to whom the certifi cate of location issued] thereupon acknowledged the said assignment to be his act and deed.
FORM No. 7.
Of a Power of Attorney to sell a Warrant.
-, my true
Know all men by these presents, that I, [here insert the name of warantee] of the county of and state of -, do hereby constitute and appoint and lawful attorney, for me and in my name, to sell and convey the within land warrant No. for — acres of land, which issued under the act of March 3, 1855. Signed in presence of
[Warrantee's signature.] The forms of acknowledgement of a power of attorney and certification to be like those above described for the sale of the warrant.
FORM No. 8.
Of the Certificate of the Clerk of the Court, Judge, or other person who is authorized to certify, under seal, to the official character of the Officer who takes Acknowledgments of Assignments.
I, A. B., clerk of the court of in the county and state aforesaid, hereby certify, that John Jones, whose genuine signature is affixed to the above acknowledgment, was, at the time of signing the same, a justice of the peace, [notary public or other officer,] duly author ized by law to take such acknowledgment, and that full faith and credit are due to all his official acts as such.
Given under my hand and the seal of said court, this [Seal.]
A. B., Clerk of the Court of —
Where the acknowledgment is taken by a clerk of a court or judge using a seal, no certifi cate of his official character is required.
on or about the day of
day of, A. D.
eight hundred and —, personally appeared and for the county aforesaid, aged
-, who being duly sworn according to law, who was a commanded by A. D., for the term of
in actual service in said war for the term of fourteen days, and was honorably discharged at
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
residents of, in the state of
upon our oaths, declare that in our presence, and
We, the foregoing declaration was signed and acknowledged by that we believe from the appearance and statements of the applicant, that he is the identical person he represents himself to be.
Witnesses: A. B.
The foregoing declaration and affidavits were sworn to and subscribed before me on the day and year above written; and I certify that I know the affiants to be credible persons, that the claimant is the person he represents himself to be, and that I have no interest in this claim. Witness my hand and official seal.