The Planters' banner. [volume] (Franklin, Attakapas Co., Lou.) 1849-1872, 1852-06-05
The Homestead Bill.

Sec. BE it enacted by the Senate
and House of Representative of the
United States of America, in Congress
assembled, 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 a
citizen prior to the 1st day of January,
1852, 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-quar-
ter section of vacant and unappropria-
ted public lands, or a quantity equal
thereto, TO be located in a body in con-
formity with the legal subdivisions of
the public lands, and after the same
shall have been surveyed.
Sec. 2.-And be it further enacted,
That the person applying for the bene-
fit of this act shall, upon application to
the register 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 10 obtain the benefits of this act !;
and upon making the affidavit as above
required, and filing the affidavit with
the register, he or she shall thereupon
be permitted to enter the quantity of
land already specified; proUided, how
ever, that no certificate shall be given
or patent issued therefor until the ex-
piration of five years from the date of
such entry; and il. al 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 de-
viSee, or, in case of widow making
such entry, her heirs or devisee, in case
of her death, shall prove by two credible
witnesses that he. she or they have
continued to reside upon and cultivate
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 a
patent, as in other cases provided for
by law And proUided further, that in
case of the death of both father and
mother, leaving an infant child or
children under IA years of age, the
right and the fee shall endure TO the
benefit Of said infant child or children,
and the executor, administrator or
guardian may, at any time within two
wears after the death OF the surviving
parent, 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 10 a patent from the United
States.
Sec. 3.-And be it further enacted,
That the register Of the land office shall
note all such applications on the tract
books and plates of his office, and keep
a register of all such entries, and make
return thereof to the General Land
Office, together with the proof upon
which they have been founded.
Sec. 4.-And be it further enacted,
That all land acquired under the pro-
visions of this act shall in no event be-
come liable TO the satisfaction OF any
debt or debts contracted prior to the
issuing the patent therefor.
Sec. 5.-And be it further enacted,
That if, at any time of filing the affida-
vii as required in the second section of
this act and before the expiration of
the five years aforesaid, il shall be
proven by two or more respectable wit
nesses. 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 resi-
dence, or had abandoned the said entry
for more than six months at any one
time, in that event the land so entered
shall revert back to the government,
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 citizen of the United States,
but at the time of making such applica-
ton for. the benefit of this act shall
have filed a declaration OF intention as
required by the naturalization laws OF
the United States, and shall become a
citizen of the same before the issuance
Of the patent, as made and provided for
in this act, shall be placed on footing
with the native-born citizens of the
United States.
Sec. 7.-And be it 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 required to prepare
and issue such rules and regulations
consistent with this act as shall be
deemed necessary and proper to carry
its provisions into effect; and that the
registers and receivers of the several
aud Offices shall be entitled to receive
he same compensation for any lands
patented under the provisions of this
act that they are now entitled to receive
when the same quantity Of land is en-
ered with money, to be paid by the
party TO whom the patent shall be
ssued.; prouided, however, that all
persons entering land under the pro-
7isions of this act shall, as near as may |
BE practicable, in making such entries, !
De confined to each alternate quarter
section, and no land subject to private