Washington sentinel., 1854-07-23

SIC. 3. And b Il further enacted, That the per-
son applying for the benefit Of the eighth section
OF this act shall upon application 10 the register OF
the land ONCE IN which he she is about TO make
such entry make affidavit before the said register
that he or she is the head OF family, or is twenty
one years Of age, and that such application is made
for his or her exclusive use and benefit, and those
especially mentioned herein, and not either di-
rectly or indirectly for the use or benefit Of any
other person or persons whomsoever; and upon
making the affidavit herein required, and filing
il with the register, he or she shall thercupon be
permitted TO enter the quantity of land specified
PTorided, hoscerer, That no certificate shall be
given or patent issued therefor, until the expira-
hon OF hve years from the date Of such entry and
uni the person or persons entitled 10 the land SO
entered shall have paid for the same twenty-five
cents per acre. or ii the lands have been in mar
ket more than twenty years, twelve and a hall
centssper acre; and il, at the expiration Of such
time, the person making such entry, Or, he be
dead, MS widow, or, in case of her death, his
heirs or devisee, or, in case OF widow max
ing such entry, her heirs or devisee, in case OF
ner death, shall prove by two credible witnesses
that nc, she, or they, have continued to re-
side upon and cultivate said land, and still re-
side upon The same, then, IN such case, he she,
or they shall be entitled TO patent, as in other
cases provided for by law: PyoviAsd, That all
such persons as are specified in the eighth sec
lion, and who are now settled upon lands subject
upon the expiration of 1--WE years from the date of
such settlement: lind pyorided further In case of
death OF both father and mother leaving an infant
child or children, under tweniy-one years Of age,
the right and the fee shall nure to the benefit Of
said infant child or children and the executor, ad-
ministrator, or guardian, may at any time within
Two years after the death of the surviving parent
and in accordance with the laws Of the State in
which such lands are situated, sell said land and
apply the proceeds Of the sale thereof first for the
payment OF what may be due for it to the United
States and the residue for the benefit of said in
fants and for no other purpose; and the purchaser
shall acquire the absolute title by the purchase,
and be entitled TO patent from the United States
And the benefits of this and the preceding section
Of this act shall be extended to the settlers on the
public lands in California, upon payment Of one
dollar per acre.
SEC. 10. And Be 1t furtley enacted, That the re.
gister Of the land Office shah note all such applica-
tons on the tract books and pats of his office, and
keep Il register of all such entries and make re-
turn thereof TO the General Land Office together
with the proof upon which they have been founded
SEC. H. And be IL further enacted, That any
person who may have filed his or her affidavit Of
an intention 10 settle quarter section of land un
der the provisions of this act may at any time ac
-quire title thereto by paying the full graduated
price for the same as fixed herein. But no person
or persons shall be allowed to file declaration OF
Intention 10 settle for the purpose Of claiming the
benefit OF the provisions OF this act in regard TO
five years actual settlement, after the State shall
have purchased, or taken as pre-emp,or, the class
in which said lands lie, under the provisions Of
this act, unless lie State, in regard TO such lands,
cha continue byan act of its Legislature the prlvi.
leges herein granted to the actual settler for
period Of five years Provided koueyey, That the
lands which mpy be taken by purchase or pre-
emption by hesitate, as herein provided, for the
purposes Of RAILROADS or canals shall not be subject
10 entry AT the price Of the lands as fixed in the
ninth section Of this act unless the settlement was
commenced befre the lands were taken by the
State.