GLOSSARY
OF DEEDS TERMS
1. Agricultural College Scrip -
issued under the Land Grant College Act of July 2, 1862, which donated 30,000 acres of public land to the
states for each senator or representative in Congress. Introduced by Senator Justin Morrill of Vermont,
the act was designed to provide for support of agricultural and mechanical colleges in the states.
States having public lands within their borders could select lands therein. States having no public
lands were issued "scrip" worth $1.25 per acre up to the acreage of the
land grant to which the
state was
entitled. This "scrip" was assignable and could be used as payment for pre-emptions, commuted homesteads, or
direct private entry at the rate of $1.25 per acre.
2. Commutation - cash payment in lieu
of residency for the full term provided under the Homestead Act. If
the settler did not wish to
wait the
required number of years, he could "commute" or purchase his claim
with cash, military bounty
warrants,
or agricultural college scrip.
3. Declaratory Statement - (indicated
as D.S. in the tract books) - A statement filed by the settler within a
certain period after actual
settlement. The declaratory statement indicated an intention to claim a
specific
tract under the preemption laws.
4.
"Double Minimum Lands" - Public
lands falling within the alternate sections inside the boundaries of
railroad land grants.
Considered more
valuable, hence a minimum selling price of $2.50 per acre.
5. Entry - the term used to indicate
the first step in the process of claiming land under one of the various
land laws. Synonymous with the
terms
"filing" or "filing a claim."
6. Final Certificate - a document
issued by the land office after the claimant had completed all
requirements to make final
proof on a
tract of land. The final certificate was sent to the General Land
Office in Washington, D.C.,
which
then issued a patent.
7. Military Bounty Warrants -
beginning with the American Revolution and continuing through the
Mexican War, Congress granted
land as
a bounty for military service. Bounty warrants were based on
the length of service and in
some
cases, rank, and could be exchanged for public lands. These warrants
were assignable and could be
used as
payment for preemptions, commuted homesteads, and direct
private entry.
8. "Minimum Lands" - government lands
available for sale at the established rate of $1.25 per acre.
9. "Offered Lands" - lands
which had
been "offered" at public auction pursuant to presidential
proclamation or public notice
from
the General Land Office. "Offered" lands not sold at auction or
otherwise reserved or withdrawn
were
then subject to private entry.
10. Patent - the deed issued by the
government for a tract of public lands claimed under the various land
laws.
11. Proof - The final step in
perfecting title to land entered under the government land laws.
Although
requirements varied, the
settler was
required to prove that he had complied with the legal requirements
in order to receive title to
his
claim.
12. Proof of Publication - prior to
making final proof, the claimant was required to publish notice of his
intention to "prove up" once
each
week for a period of not less than thirty days, in a legal newspaper
nearest the land.
13. Range - a vertical row of
townships, measured east or west of a principal meridian. In Nebraska,
ranges are numbered east and
west of
the sixth principal meridian which runs from Yankton, South
Dakota, on the north, through
Columbus, and forms the border between Thayer and Jefferson Counties
on the south.
14.
Relinquishment - A
written statement, executed on the back of the
duplicate filing receipt, which
certified
that a claimant desired to
give up his pre-emption, homestead, or timber culture entry. The land
then
became subject to further entry.
The register of the land office recorded the words, "cancelled by
relinquishment"
opposite the record
of entry in the tract book.
15. Section - a primary unit of the
U.S. system of land surveys, consisting of a one square mile tract
containing
640 acres.
16. "Soldier's Claim" - soldiers
serving a minimum of ninety days in the Union Army during the Civil War
were
permitted to deduct their time
of service from the homestead residency requirements. If wounded,
or
discharged because of
service-connected disability, the entire term of enlistment could be
deducted.
17. Tree Claim - the popular
terminology for a land entry made under the Timber Culture Act of 1873.
18. Township - a tract, usually six
miles on each side, containing thirty-six square miles, or sections.
Townships
are numbered from south to
north in Nebraska, beginning at the baseline forming the border
between
Nebraska and Kansas, and
ascending to the Nebraska-South Dakota boundary. Abbreviated in
land
records as "Twp."
19. "Unoffered Lands" - lands which
were subject to private entry without having first been "offered" at
public
auction.
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Naturalizations could be registered
at any court. Many people registered
at the NEAREST
court,
not
necessarly the one with local jurisdiction.
Ancestry finding
aid:
On the home page for
Ancestry the upper menu bar contains : 'Home, My
Ancestry, Search, ...'.
Click
on
'Search'. Toward the upper right of this window is a box titled
'Search Resources'. Click on 'Card Catalog'. You can find
databases and books by searching in the 'Database Title' field. Note
that in the lower part of that window you can also browse database
titles.
With
thanks to John
Weaber for this tip.
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