3. Administrators-proof of administration.

It appearing that the administrator in this case is an attor ney in suspension from practice before the Pension Bureau on account of irregularities, and that he has indulged in numerous fraudulent practices relative to bounty-laud claims, that his purported appointment as administrator is in the State of New York (whereas the alleged mutestate when last known to be living was in the State of Kentucky), nearly twenty years after the issuance of the bounty-land warrant herein, and its return to the Pension Office by the attorney of the warrantee, with the statement that said warrantee could not be found, and was supposed to be dead, it is held the Pension Office should investigate fully all the facts as to the alleged appointment as administrator, and should require the names and addresses of the heirs and legatees, and all other facts necessary to determine the honesty and legality of the alleged administrator's title to claim said warrant. James East (Sec. Delano), 2 P. D. (o. s.), 212.

An administrator must file a certificate of the court appointing him, setting forth the date, place of death of the original claimant, the ages, and names of the places of residence of all the heirs, and their relationship to the claimant, and the ground of his appointment, as heir or creditor. Instructions (Sec. Delano), 2 P. D. (o. s.), 417.

(a) Have no power to assign the deceased's warrant.

The administrator has no power to assign a land warrant issued to his intestate, as such warrants are regarded as real estate and descend to the heirs and not to the administrator. Citing opinions of the Attorney-General. Heirs of Panter Laws (Sec. Delano), 2 P. D. (o. s.), 291.

4. Assignment of warrant.

Assignment of warrant by warrantee must be made in due form in order that anyone claiming under it may be recog nized on appeal. Martin Byrne (Sec. Schurz), 6 P.D. (o. s.), 468. Whether the assignment of a bounty-land warrant, purporting to have been made by the warrantee, was actually made by him is a question which pertains to the business of the General Land Office. Sister of Samuel N. Tippett (Sec. Teller),

12 P. D. (o. s.), 278.

See SUBTITLE: ADMINISTRATORS.

5. Attorneys-delivery of warrant to.

No warrant will be delivered to attorneys, agents, or others acting in their behalf until the claimant shall be communicated

5. Attorneys-delivery of warrant to-Continued.

with directly, advised of the proposed issue, and has filed in the Pension Office his assent to the delivery of the warrant to such attorney, agent, or other person. Instructions (Sec. Delano), 2 P. D. (o. s.), 417.

(a) Are not recognized in applications for copy of discharge.

As under the uniform practice, extending over many years, attorneys are not recognized in applications for copies of certificates of discharge filed in bounty-land claims, the refusal to recognize the attorney in this case is approved. Joseph Detrich (Sec. Teller), 22 Records of Letters Sent (Misc.), 465.

(b) Fees of attorneys under act of June 20, 1878.

The act of June 20, 1878, repealed all of the provisions in relation to fees in bounty-land claims filed after the passage of said act, or which were pending at the date of passage of said act, and which had not prior thereto been represented by an agent or attorney, and in lieu thereof made no provision with reference to fees in bounty-land claims, but the question of fees in such cases was left an open one between claimants and attorneys, except that the Department has supervisory action in cases of extortion, deception, or fraud. S. V. Niles, attorney (Sec. Schurz), 5 P. D. (o. s.), 374.

6. Brothers and sisters—do not succeed to soldier's title.

There is no law providing for the succession of brothers and sisters to soldier's right to bounty land. Sisters of John G. Foster (Sec. Schurz), 6 P. D. (o. s.), 282.

(a) Title under section 2428 and under section 2418, Revised Statutes. Under section 2428, Revised Statutes (part of the act of March 3, 1855), brothers and sisters of a deceased soldier are not entitled to bounty land; and under section 2418, Revised Statutes, such are not entitled unless the decedent's service in the Black Hawk war was not less than thirty days. Halfbrothers of Zadoc Mendenhall (Sec. Kirkwood), 8 P. D. (o. s.),

321.

(b) of Navy seamen in Mexican war.

The sisters of a deceased seaman in the Navy who was in the Mexican war are not entitled to bounty land. Sister of Levi H. Cole (Sec. Teller), 9 P. D. (o. s.), 217.

(c) Half-sisters-generally.

Surviving sisters of the half blood of deceased soldiers who, at their demise, were entitled to bounty lands from the Government are equally entitled with the brothers and sisters of 13201 -5

6. Brothers and sisters-Continued.

(e) Half-sisters-generally-Continued.

the whole blood to receive such bounty, or the money in its stead, under the act of May 27, 1848. Atty. Gen. Toucey, 5 Op., 26.

(d) Half-sisters, under laws of Indiana.

Under the statutes of Indiana (where the soldier resided) half-sisters of a soldier may inherit the right to bounty land. Finley Andrews (Sec. McKennan), 1 L. B. P., 228.

(e) Illegitimate sisters of illegitimate brother.

The illegitimate sisters of an illegitimate deceased brother (leaving neither wife, children, nor other relatives) are unquestionably entitled to his bounty land under the act of February 11, 1853 (1847). Communication (Sec. McClelland), 3 L. B. P., 71.

7. Cancellation of warrants.

The Government has the right to cancel a warrant obtained by fraud, although it has passed into the hands of an innocent purchaser; as held by Atty. Gen. Wirt, December 26, 1819. Communication to A. Buckingham in re Samuel B. Doyle (Sec. Ewing), 1 L. B. P., 148.

See decision following.

The Commissioner of Pensions has no authority to cancel military land warrants in the hands of assignees, and no jurisdiction to determine whether the assignee of the warrant is an innocent holder or purchaser thereof; but when it appears by the record of the Pension Office that a warrant was fraudu lently procured, the General Land Office should be furnished with a statement of the facts thus shown. (Sec. Kirkwood), 8 P. D. (o. s.), 359.

Communication

(a) Warrant may not be canceled after warrantee's death.

A warrant issued to one person during his life can not, after his death, be recalled and a warrant issued to the person who would have acquired title by the death of the other before the issue of the warrant; but the warrant becomes the proper subject of judicial decision. Communication to I. W. Anderson in re Jacob Walker (Sec. Ewing), 1 L. B. P., 160.

A certificate or warrant issued jointly to several cowarrantees may not be recalled or canceled after the death of any of them. Matilda Kerren (widow) (Asst. Sec. Reynolds), 7 P. D., 443.

7. Cancellation of warrants-Continued.

(b) Warrant issued after death of warrantee is void.

A warrant issued after the death of the soldier is void and should be canceled; and the surviving widow or minor children should file a new application. Communication to Daniel T. Jones, H. R. (Sec. Stuart), 2 L. B. P., 76.

A warrant issued after the death of the warrantee named therein is void, and the patent secured thereon is alike void. Heirs of Panter Laws (Sec. Delano), 2 P. D. (o. s.), 291.

(c) Effect of act of June 3, 1858, on cancellation.

If a warrant, issued subsequent to the death of the warrantee named therein, and prior to the passage of the act of June 3, 1858, be retained by the heirs until after the passage of said act, instead of being returned to the office for cancellation, the office will have no right thereafter to cancel it, but title thereunder would vest in said heirs under said act; but if such warrant was, prior to the passage of said act, recalled and canceled by the office shortly after its issuance, on learning of the previous death of the warrantee named therein, a duplicate warrant should issue. Widow of Royal Grinnell (Sec. Browning), 6 L. B. P., 268.

See SUBTITLE: ERASURES AND REWRITING.

8. Desertion or dishonorable discharge bars from bounty land. Desertion or dishonorable discharge precludes title to bountyland warrant. Matthew Totten (Asst. Sec. Reynolds), 7 P. D., 33.

9. Discharge-prior to termination of enlistment.

Title to bounty land is not acquired by a soldier who enlisted to serve twelve months in the Mexican war and was discharged honorably before the expiration of his term of enlistment, or before the muster out of his company, without having been wounded or sick. James Coleman (Atty. Gen. Clifford), 4 Op.,

718.

See decisions following.

Where service continued to the end of Mexican war and then soldier is honorably discharged against his wishes, although the term for which he enlisted had not expired: Held, That such service gave title to bounty land. John Hasson (Atty. Gen. Johnson), 5 Op., 147.

A soldier who is honorably discharged, on account of disability, before the expiration of his period of service is entitled to the amount to which he would have been entitled for the full period. Communication to R. B. Blount (Sec. Stuart), 2 L. B. P., 43.

9. Discharge-Continued.

(a) Nature of discharge, as affecting title.

Discharges given for urgent private reasons, or to minors or others on the application of their friends, were considered as "honorable" unless forfeited for crime or misconduct, though the soldier, having been released from his agreement before the expiration of his service, for his own private benefit, was not considered as entitled to the bounty land or three months' extra pay. Communication of R. Jones, Adjutant-General's Office, to the Secretary of the Interior, in re Elijah J. Peyton; Mayo & Moulton, 547.

Title to bounty land under the act of February 11, 1847, is not impaired by the fact a soldier was discharged at his own request, or at that of his friends, he having served to the end of the Mexican war. Samuel Reese (Sec. Ewing), 1 L. B. P., 164. (b) Discharge by habeas corpus.

This soldier, who was in the Mexican war, was shown by the records to have enlisted for five years, but subsequent to the close of the war, and before the expiration of the five years, he sued out a writ of habeas corpus and was discharged thereon from the custody of the officer on the ground that his enlistment was "during the war." Held, Such judicial determination of the question is superior to the record and should govern the adjudication of his claim for bounty land under the act of February 11, 1847. James Bernard (Actg. Sec. Goddard), 1 L. B. P., 42.

See DESERTION; DISCHARGE 4; SERVICE (Generally).

(c) Discharge, death prior to heirs entitled.

Under the act of February 11, 1847, the heirs of a soldier who served during the Mexican war and died prior to and while waiting for discharge are entitled to bounty land, whether his death cause originated while he was in line of duty or not. John F. Talbert (Sec. Ewing), 1 L. B. P., 95,

(d) Discharge, effect of selling.

In the case of soldiers applying for bounty land who have sold their discharges, an act which the law declares illegal, the Department long since determined not to interfere, but to leave the rights of the parties to be adjudicated by the courts. Communication to J. B. Woodfin (Sec. Stuart), 2 L. B. P., 58.

Where soldier disposed of his discharge in violation of law, and, subsequent to his death, warrant was granted, and by a fraudulent assignment it was sold and located and a patent was issued for the land, the application by heir for a new warrant should be rejected under the decision of the Department of