Page:Federal Reporter, 1st Series, Volume 8.djvu/417

 CHAMBEBLAIN V. MABSHALL. 403 �shall be sufficient evidence that the grantee therein named, or the per- son under whom such grantee claims, was originally entitled to such bounty land; and every person entitled to said lands, and thus apply- ing, shall thereupon be entitled to recoive a patent in the manner pre- scribed by law. �The third section of the act is as follows: �"That snch part of the above-mentioned territory as shall not have been located, and those tracts of land within that part of the said territory to which the Indian title has been extinguished, the surveys whereof shall not have been returned to the Secretary of "VVar within the time and times prescribed by this act, shall thenceforth be released from any claim or claims for such bounty lands, and shall be disposed of in conformity with the provisions of the act entitled 'An act in addition to and modification of the propositions contained in the act entitled An act to enable the people of the eastem division of the territorj' north-west of the river Ohio to form a constitution and state gov- emment, and for the admission of such state into the Union on au equal footing with the original states, and for other purposes,' " �By these provisions of law it will be pereeived that io entitle any one to a patent for lands in the Virginia military reservation, as bounties for military services, it was necessary to locate them by an entry within three years after the passage of the act; and where, as in this case, the location had been made within that part of the terri- tory to which the Indian title had been extinguished, to make return of the survey to the proper department within uve years from the passage of the act, and also, within the same time, make return of the original or a certified copy of the original warrant; and it was only persons entitled to said land, and thus applying, who were enti- tled to receive a patent. �This implied prohibition against the issue of a patent for such lands to any other persons and under any other circumstances, is reinforced by the additional «,nd unambiguous provisions, of the third section. By the terms of that section, all the lands within the re- served territory that shall not have been located, and those tracts to which the Indian title has been extinguished, the surveys whereof shall not have been returned within the time and times prescribed by the act, are thereby and thenceforth released from all claims for such bounty lands, and lapse to the United States as part of the public domain, free from that trust created by the grant from the state of Virginia, to bs disposed of as otherwise required by law. Any patent, therefore, issued for any such, and .based solely on the subsisting validity of the original entry an4 survey, oot so returned "within the limited time, is a patent issued by the officers of the ��� �