Cooper's Clarksburg register. [volume] (Clarksburg, Va. [W. Va.]) 1851-1861, 1852-06-02
The Homestead BIN.

| House of Representatives on Wednesday.
Two of the prominent features of the bill
are these that it excludes from its bene-
fits parties already in the possession of
land, or who may sell land with an in
tention to obtain a free grant and that
the land acquired under its regulations
shall not be held liable for debts contract.
ed prior to the issuance of the patent
The following is the bill itself:
Be 1t enacted, de-, That any person who
is the head of family and citizen of the
United States, or any person who is the
head of family. and had become citi-
zen prior to the first day of January, eight
cen hundred and ffty-two, as required by
the naturalization laws of the United
States, shall from and after the passage of
this act, be entitled to enter, free of cost,
one quarter section of vacant and unap-
propriated public lands, or a quantity
equal thereto, to be located in body in
conformity with the legal subdivisions of
the public lands, and after the same shall
have been surveyed.
Sec. 2. A1ad be Il further enacted, That
the person applying for the benefit ofthis
act shall, upon application to the Regis
ter of the Land Office, in which he or
she is about to make such entry, make
affidavit before the said Register that he
or she is the head of family, and is not
the owner of any estate in land at the time
of such application, and has not disposed
of any estate in land to obtain the bene.
fits of this act and, upon making the aft
davit as above required, and fling the
affidavit with the register, he or she shall
thereupon be permitted to enter the quanti-
ty of land already specified Provided,
hOCeVer, That no certificate shall be given
or patent issued therefor until the expira-
ton of five years from the date of such en-
try, and if, at the expiration of such time,
the person making such entry, or if he be
dead, his widow, or, in case of her death,
his heirs or devisee or, in case of wild
ow making such entry, her heirs or devil
see, in case of her death, shall prove by
two credible witnesses that he, she or they
have continued to reside upon and cult
vate said land, and still reside upon the
same, and have not alienated the same,
or any part thereof, then in such case, he,
she, or they shall be entitled to patent,
as in other cases provided for by law =
And provided further, That in case of the
death of both father and mother, leaving
an infant child or children under fourteen
years of age, the right and the fee shall
enure to the benefit of said infant child or
children ; and the executor, administrator
or guardian, may, at any time within two
years after the death of the surviving pa
rent, sell said land for the benefit of such
infants, but for no other purpose /; and the
purchaser shall acquire the absolute title
by the purchase, and be entitled to pat
ent from the United States.
Sec. 3. lind be IL further enacted, That
the register of the land office shall note all
such applications on the tract books, and
plats of his Office, and keep a register Of
all such entries, and make return thereof
to the General Land Office, together with
the proofupou which they have been found
ed.
See. 4. And be il further enacted, That
all land acquired under the provisions Of
this act shall in no event become liable to
the satisfaction of any debt or debts con-
tracted prior to the issuing the patent
therefor.
Sec. 5. Ind be 1t further enacted, That
if, at any time after filling the affidavit as
required in the second section of this act,
and before the expiration of the FIVE years
aforesaid, it shall be proven by two or
more respectable witnesses, upon oath, to
the satisfaction of the register of the land
office, that the person having filed such
affidavit shall have actually changed his
or her residence, or abandoned the said
entry for more than six months at any one
time, then, and in that event, the land so
entered shall revert back to the govern
ment, and be disposed of as other public
lands are now by law.
Sec. 6. And be It further enacted, That
if any individual, now resident of any
one of the States or Territories, and not a
citizen of the United States, but at the
time of making such application for the
benefit of this act shall have filed de-
claration of intention as required by the
naturalization laws of the United States,
and shall become citizen of the same
before the issuance Of the patent, as made
and provided for in this act, shall be plac-
ed upon an equal footing with the native
born citizens OF the United States.
Sec. Z. 1nd be Il further enacted, That
no individual shall be permitted to make
more than one entry under the provisions
of this act and that the Commissioner of
the General Land Office is hereby reuuir-
cd to prepare and issue such rules and
regulations consistent with this act as
shall be necessary and proper to carry its
provisions into effect j: and that the regis
tiers and receivers of the several land Off
GERS shall be entitled to receive the same
compensation for any lands patented I'M
der the provisions of this act (; that they
are now entitled to receive when the same
quantity of land is entered with money,
to be paid by the party to whom the pat,
e en- shall be issued: Provided Aotceuer,-
mat all persons entering land under the
provisions of this act, shall, as near as