15. Fraudulent warrants-Continued.

(a) Fraudulent issue to wrong person does not affect rightful claimant— Continued.

The issuance of a warrant to a wrong person on a forged certificate does not satisfy the just claim of the actual soldier, his widow or heirs, even though a patent is issued on such warrant. Joseph Redding (Sec. Ewing), 1 L. B. P., 105.

16. Half-pay commutation bars bounty land.

Allowance of half pay under the act of April 16, 1816, as commutation for bounty land, extinguishes title to latter. Anna Pulsifer (Sec. C. B. Smith), 5 L. B. P., 53.

17. Insane and imbecile claimants.

Declaration for a lunatic should be made by a legally appointed committee, who will have control of the warrant, for the lunatic's benefit, if issued. Communication to R. R. Read, in re Samuel Pogue (Sec. Stuart), 2 L. B. P., 40.

In the case of an imbecile widow of a soldier, declaration and proof should be made by guardian or committee, if one has been appointed, and where no guardian has been appointed the facts required to establish her claim may be shown by the deposition of one or more credible disinterested witnesses. Communication to Senator Dickinson (Sec. Stuart), 2 L. B. P., 18.

18. Minors.

Minority does not create incapacity to take bounty land any more than bounty in money or pay. Atty. Gen. Rush, 1 Op.,

184.

(a) Appointment of guardians.

The guardians of minor children who are embraced by the act of September 28, 1850, should be appointed in the county and State where the children reside. Communication to Edward Havilland, in re Amos Ireland (Actg. Sec. Graham), 2 L. B. P., 4.

(b) Must have been minors on September 28, 1850, under act of that date. Those only are minors within the meaning of the act of September 28, 1850, who were minors at the date of the passage of that act. Communication to Thomas Maxwell (Actg. Sec. Graham), 2 L. B. P., 3.

(c) Must have been minors on March 3, 1855.

Under the act of September 23, 1850, on the death of the soldier leaving no widow, bounty land on his account goes to those children who were minors on March 3, 1855. Heirs of Panter Laws (Sec. Delano), 2 P. D. (o. s.), 291.

See THIS SUBTITLE (e).

18. Minors-Continued.

(d) Limitation as to claims under old laws.

Claim of a child of a soldier was rejected on the ground that claimant was not a minor on the 3d day of March, 1855, and, therefore, not entitled under act of that date. Appeal was taken asking consideration of case under earlier bounty-land laws: Held, That the benefits of the bounty-land acts of December 24, 1811, January 10, 1812, February 6, 1812, January 10, 1813, and December 10, 1814, were restricted by section 1 of the act of April 16, 1816, to those who should prove title before March 1, 1818, and that the date for the completion of claims under those laws was extended from time to time until the 26th day of June, 1858, when they expired by limitation. Julia Moore (Sec. Schurz), 4 P. D. (o. s.), 333.

(e) When not entitled under sections 2425 and 2418, Revised Statutes. A child of a deceased soldier, who, if living, would be entitled to bounty land under the act of September 28, 1850, is not entitled under section 2418, Revised Statutes; and if such child was over twenty-one years of age on March 3, 1855, it is not entitled under section 2425, Revised Statutes, or under any other law. Child of Joseph P. Kennedy (Sec. Kirkwood), 8 P. D. (o. s.), 304. Cited as applicable in Zadoc Mendenhall, ibid., 321.

(ƒ) Minor is not entitled during widow's life.

The minor child of a deceased soldier is not entitled to bounty land during the lifetime of the soldier's widow. Minors of Michael Madden (Asst. Sec. Reynolds), 7 P. D., 34.

19. Mothers-when entitled under act of February 11, 1847. A soldier's mother is entitled to bounty-land warrant under the act of February 11, 1847, only in case he died before issue of the warrant. Jacob Walker (Sec. Ewing), 1 L. B. P., 160, (a) Under section 2418, Revised Statutes.

Mothers of soldiers who served between the commencement of the war of 1812 (June 18, 1812) and the 3d day of March, 1850, as well as the mothers of soldiers who served in the war with Mexico, are entitled to bounty land under section 2418, Revised Statutes. Mother of Jordan Morgan (Sec. Schurz), 7 P. D. (0. s.), 76.

20. Patent being issued, Government has no further jurisdiction. If the patent for bounty land is issued the Government has no further control or responsibility in the matter, and no additional claim can be recognized. Communication to Thomas D. Brown (Sec. Stuart), 2 L. B. P., 27.

21. Reinstatement.

A warrant which has been canceled because of a forged assignment by a person representing himself to be the warrantee can not be reinstated. Citing Joseph Nippers, 2 L. B. P., 102. John H. Smart (Sec. McClelland), 3 L. B. P., 90.

22. Scrip.

Issue of a Treasury warrant under the provisions of section 7 of the act of February 11, 1847, in lieu of 160 acres of land, claimant having elected to receive such scrip, is a bar to bounty land. William P. Reid (Sec. Schurz), 5 P. D. (o. s.), 144.

Where a claimant has once exercised the option given him by the second proviso in section 9 of the act of February 11, 1847, and, pursuant to his election, scrip is regularly issued to him, he may not again elect to take a certificate, but must abide by his first decision. Atty. Gen. Clifford, 4 Op., 642.

23. Service-generally.

The acts of January 11, 1812, and February 11, 1847, were inducements held out for the purpose of increasing the rank and file of the Army, and partook of the nature of the consideration of a contract, while the act of September 28, 1850, offers a gratuity. Communication (Sec. Stuart), 2 L. B. P., 7.

Under act of September 28, 1850, the payment of a fine in lieu of service does not give title, and an honorable discharge is indispensable in all cases. Communication to G. W. Watson (Sec. Stuart), 2 L. B. P., 24.

There being neither record nor parol evidence of service, and claimant not having, according to his own statement, marched to the seat of war, the claim is inadmissible on either ground. James Inglis (Sec. Thompson), 4 L. B. P., 452.

Without trial or an opportunity to defend himself, this soldier was directed, by the order of Brigadier General Wool, to leave the country, but on presentation of the facts to the President was directed by the latter to return to his command and report for duty. The order was not directed to him, however, and the War Department has furnished no evidence that he was ever apprised of its existence. The burden of proving that he was not willing to serve out his term is, therefore, upon the Government, and he is entitled to bounty land accordingly. Jason H. Hunter (Actg. Sec. Goddard), 1 L. B. P., 220.

(a) Must have been in war.

Although claimant's service as teamster between Forts Leavenworth and Kearney in July, 1847, was performed during the time of the Mexican war, the claimant was not actually

23. Service-Continued.

(a) Must have been in war-Continued.

or constructively employed in that war, and the decisions of the Department have been uniformly to the effect that performance of service during the war, but remote from the seat thereof and not connected therewith, is not that for which bounty land is provided in the act of March 3, 1855. The service in Thomas J. Basye, Franklin Hutson, and Mosias A. Wilbourne, decided April 8, 1858, June 11, 1862, and May 24, 1864, respectively, was almost identical with this claimant's. William L. Wilson (Sec. Schurz), 4 P. D. (o. s.), 473.

Service during but not in the Mexican war does not confer title to bounty land. Service must have been in the war. John P. Alston (Sec. Delano), 2 P. D. (o. s.), 272.

A skirmish or battle with the Indians or others not in a regularly recognized war does not give title under act of March 3, 1855 (now section 2425, Revised Statutes). Service on the Texan frontier in 1852 and 1853 was in the nature of police duty and was not in a war. Martin Trimmer (Sec. Schurz), 6 P. D. (o. s.), 49.

Service must have been in the war to give title. Service rendered after treaty of peace is not to be considered. Davis (Actg. Sec. Bell), 7 P. D. (0. s.), 186.

Samuel

Soldiers or sailors not engaged at the seat of war with Mexico not entitled to bounty land. James Murphy (Actg. Sec. Bell), 7 P. D. (o. s.), 166.

To entitle a claimant to bounty land under the act of March 3, 1855, service must have been rendered at the seat of war. Martin Tubbs (Asst. Sec. Hawkins), 1 P. D., 187.

To entitle an applicant to a bounty-land warrant under section 2425, Revised Statutes (act March 3, 1855), he must have served at the seat of the war with Mexico for at least fourteen days. Charles T. Loomis (Asst. Sec. Bussey), 5 P. D., 35.

(b) Must have been prior to March 3, 1855.

Service subsequent to March 3, 1855, does not entitle to bounty land, even though the party was in battle. Communication in re Henry Heydenreich (Sec. Harlan), 5 L. B. P., 462.

Service subsequent to March 3, 1855, does not entitle to bounty land under the act of that date and supplemental act of May 14, 1856. Julien Alire (Sec. Thompson), 4 L. B. P., 449. See contrary decision by Court of Claims, January 8, 1866, and 6 Wall., 573.

23. Service-Continued. (c) Length of service.

Full term of fourteen days' service is necessary to give title to bounty land under act of March 3, 1855 (section 2425 et seq., R.S.). Where the term falls short, in computing travel service, by twelve-twentieths of a day, credit is not to be given for a full day. Widow of Samuel Benjamin (Sec. Schurz), 7 P. D. (0. s.), 49.

Troops in the service of the United States in any of the wars mentioned in the act of September 28, 1850, whether in garrison or in the field, are entitled according to the length of actual service. Communication to Nicholas Haighty (Sec. Stuart), 2 L. B. P., 41.

A soldier who received a furlough on account of sickness and was afterwards prevented from rejoining his company by its removal, meantime, to a distant part of the country, is entitled for the period from enlistment to the removal of his disability. Communication to John Bowman in re James Taylor (Sec. Stuart), 2 L. B. P., 39.

In regard to troops called out by State authority during the war of 1812, the time paid for by the United States is the test of the length of service. Communication (Sec. Stuart), 2 L. B. P., 51.

(d) Acting assistant or contract surgeons.

A surgeon employed under a contract with the colonel of the regiment as an assistant surgeon is not entitled to bounty land, as his was not a military engagement under a commission, nor by appointment, nor by a voluntary offer of service as a soldier or as an assistant surgeon. Adolphus Wislezemus (Sec. Thompson), 4 L. B. P., 329.

Contract surgeons are not entitled to bounty land under act of March 3, 1855. R. L. Graves (Sec. Schurz), 4 P. D. (o. s.), 125.

(e) Black Hawk war.

As the company in which this soldier served was not engaged in or at the seat of the Black Hawk war, he is not entitled to bounty land. George W. Elliott (Sec. Stuart), 2 L. B. P., 60.

Not having been mustered into the service for or engaged in or paid by the United States for service in the Black Hawk war, the soldier is not entitled. D. Demoville (Sec. McClel land), 4 L. B. P., 11.

See also SUBTITLE: BROTHERS AND SISTERS.