The miners' express. (Dubuque, Iowa) 1849-1854, 1854-03-22
AN ACT.
IN ACT.
To grant homestead Of one hundred and 81,

To grant homestead of one hundred and sixty
acres of the public lands 10 actual settlers.
Be it enacted by the Senate and House of
Representatives. Of the United States Of .7merica
IN Congress assembled, That any free white
person who is the head Of family, or who has
arrived at the age OF twenty lone years, and is
a citizen Of the United States shall, from and
after the passage Of his act, be entitled to en-
ter, free OF cost, one quarter section OF vacan,
and unappropriated public lands, which may, at
the time the application is made, be subject 10
private entry at one dollar and twenty five cents
per acre, or quantity equal thereto, to be loca-
ted in body, in conformity with the legal sub.
divisions of the public lands, and after the same
shall be surveyed.
SEC. 9. find be it further enacted That the
fp-sssa.dppfy,rg d. act snai
upon application to the register of The laad of.
| fee in which he or she is about to make such
entry, make affidavit before said register tina,
he or she is the head of the 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 OF
any other person or persons whatsoever; and
upon making the affidavit above required
and filing the affidavit with the register, he OF
she shall thereupon be permitted TO enter the
quantity Of land already specified: Provided
ho,cercr, That certificate shall be given OF
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 ma
king such entry, or, it he be dead, his widow,
or, in case Of her death. his heirs or devisee,
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 con nued to reside upon and cul-
tivate said land and still reside upon the same,
and have not aiienated 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: find provided further, In
case of the death Of both ather and mother,
leaving an infant child or children under TWEEN
y-one years of age, the right and fee shall in.
ure to the benefit of said infant child or children,
| the executor, administrator, OF guardian, may
at any time within two years after the death of
the surviving parent, and in accordance with the
laws of the Stale in which such children for
the time being have their domcl, sell said land
for the benefit Of said infants, but for no other
purpose and the purchaser shall acquire the
absolute Tile e. e., the purchase and be entitled
to patent from the United States.
SEC. &. find be 1t further enacted, That if any
individual now a resident Of any one of the
States Territories, and not a citizen of the
U. S., but, at the time Of making such applica-
ton for the banefit of this act, shall have filed
declaration of intention as required by the nat
uralization laws of the s., and shall become
a citizen Of the same before the issuance OF the
patent, made and provided for in this act,
shall be placed upon an equal footing with the
native born citizen OF the U. S.
SEC. l. lind DC 1t further enacted, That 40
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 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 entered under the provisions of this act
that they are now entitled to receive when the
same quantity OF land is entered with money,
one half to be paid by the person making the
application, at the time of so doing, and the.
other half on the issue Of the certificate by the
person TO whom it may be issued: Prootded,
hopecer, That all persons entering land under
the provisions of this act, shall as near as may
be practicable, in making such entries, be con-
fined to each alternate quarter section, and to
land subject 10 private entry find prOcided fur
Mer, That nothing in this act shall be so con-
sirued as TO impair or interfere in any manner
whatever with existing pre- emp'ion rights
fr0Ctdcd JnrWer, mat the provisions OF this
act shall be construed as to authorize the class
of persons provided for in the foregoing part OF
his act, who may not own one hundred and
sixty acres of land, TO enter, free Of cost, any
of the public lands adjoining his or her farm
subject TO entry at The minimum price per acre,
a quantity when added TO what tn, Y may now
own, be equal to one HUNDRED and sixty acres,
provided he or she shall cultivate the whole or
part thereof.
Passed the House of Representatives, March
6, 1854.
Attest:
IlHN w EORNEY CLe.L