The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1854-03-29
aThe Homastaad Bill,U


mittee on public lands:
An act to grant homestead of one hun.
dred and sixty acres of the public land
to actual settlers.
Be it enacted by the Senate and House
OF Representatives ot the United States
of America in Congress assembled, That
any free white person who is the head OF
a family, or who has arrived at the age
OF twenty.one years, and is citizen of
the United States. shall, from and after
the passage Of this act, be entitled to en-.
ter, free of cost, one quarter section oi
vacant and unappropriated public lands,
which may. at the time the application is
made, be subject to private entry at one
dollar and twenty FIVE cents per acre,
or quantity equal thereto, to be located
in body, in conformity with the legal
subdivisions OF the public lands, and af.
ter the same shall have been surveyed.
Sec. g. And be it further enacted, That
the person applying for the benefit 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 register that he or she is the
head of a family; or is twenty-one years
of age, and that such application is made
for his or her exclusive use and benefit.
and those specially mentioned in this act,
and not either directly or indirectly for
the use or benefit of any other person or
persons whomsoever: 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; Pro-
uided, hoverer, That no certificate shall
be given or patent issued therefor, until
the expiration Of five years from the date
of such entry; and if, at the expiration Of
such time, the person making such entry,
or, il he be dead, his widow, or. in case
of her death, his heirs or devisee, or, in
the 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
side upon the same, and have not aliena-
Ted the same. or any part thereof; then in
such case, he, she, or they, shall be en-
titled to patent. as IN other cases provi
ted by law: And provided further, In
case oil the death Of both father and mo-
ther, leaving an infant child or children
under twenty one years Of age. the right
and the fee shall inure to the benefit OF
said infant child or children, and the ex-
ecutor, administrator, or guardian, may.
at any time within two years after the
death Of the surviving parent. and in ac-
cordance with the laws OF the State in
which such children for the time being
have their domicil. sell said land for the
benefit Of said infants, but for no other
purpose; and the purchaser shall acquire
the absolute title by the purchase, and
be entitled to patent from the United
States.
Sec. 8. And 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 regis
ter OF all such entries, and make return
thereof TO the General Land Office, to-
gether with the proof upon which they
have been founded.
SEQ. 4. And be Il further enacted, That
all lands acquired under the provisions
of this act shall in no event become liable
to the satisfaction Of 6ny debt contracted
prior to the issuing the patent therefor.
Sec. 5. And be it further enacted, That
| If, at any time after fling the affidavit as
required in the second section of this
act, and before the expiration Of the five
years aforesaid, il shall be proven alter
due notice to the settler, to the satisfac
ton Of the register Of the land office
that the person having fled such affidavi
shah have actually changed his or hel
residence, or abandoned the said entry
for more than six months at any time
then, and in that event, the land so en-.
tered shall revert back to the government
and be disposed of as other public lands
are now by law, subject TO an appeal to
the general land office.
| Sec. 6. And be il further enacted, Tha
| if any individual now resident Of any
one OF the States or Territories, and no
! citizen Of the United States, but a. the
time of making such application for the
benefit oi 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
placed upon an equal footing With the ma
tive-born citizen of the United States.
Sec. Z. And be it further enacted, THAI
no individual shall be permitted to make
more than one entry under the provisions
of this act; and that the General Com.
missioner Of the Land Office is hereby
Required to prepare and issue such rules
and regulations, consistent with this act
as shall be necessary and proper to carry
its provisions into effect; and that the
registers and receivers of the several land
offices shall be entitled to receive the
same compensation for any lands enter.
ed under the provisions OF this act thai
they are now entitled to receive when the
same quantity of land is entered with
money. one e-half to be paid by the person
making the application. al the time of SC
doing, and the other half on the issue o.
the certificate by the person TO whom il
may be issued Provided, however, thai
all persons entering land under the'pro.
visions Of this act. shall. as near as may
be practicable. in making such entries
be confined 10 each alternate quarter
section, and TO land subject TO private en-