New-York daily tribune., 1858-02-01
SENATOR JOHNsON'S BILL.


BILL TO grant any person who the head Of family
citizen the United State, homestead of hundred and
sty acres the public domain upon condition Of
occupancy and cultivation Of the for the period herein
Be- IL enacted bv tie Senote aud House of Representa-
tires of the United States Of america in Congress 0-
semblcd That any person VINO is the head of family
and citizen Of the United States at the date of the
passage Of this act shall from and after the passage
Of this act be entitled 10 enter quarter section Of
vacant and unappToprated public lands, 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.
SIC. 2. And be further enacted, That the person
applying for the benefit of this act shall upon app
cation 10 the Register of the LandOfice in which he
or she is about to make such entry, make affidavit be-
the said Register that he she il the head of
family, and is not the owner of any estate in land az
the time Of such application, and has not
disposed of any estate in land to obtain the
benefits Of this act, and upon making the affidavit as
above required and filing the affidavit with the Reg
ster he or she shall thereupon be permitted e enter
the quantity OF lard already specified: PrOridcd,
houcrer That no certificate shall be given or patent
Issued therefore, 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 if he be
dead his widow in of her DEATH his heirs or
dcvisee, or in case of widow making such
entry, her heirs or devsee, in case of her
death, shall prove by two credible witnesses
that he she or they have continued to reside
upon and cultivate said laid, and still reside
upen the same ard have not alenaed the came, or
any part thereof; then, in such case, he, she or
they shall be entitled to patent, in
other cases provided for by law: And pro-
rided further, In 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 inure the benefit of said infant child child
ren and the executor administrator guardian may,
at any time within two years after the death OF the
surviving parent, sell said land for the benefit of said
infants but for other purpose; and the purchaser
shall acquire the absolute title by the purchase, and
be entitled to patent from the United States
SEC. 3. And be ii further enacted, That the Register
of the Land Office shall note all such applications
the tract books and plats OF his Office, and keep
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. a. And be ii further enacted, That no lard ac-
Guired under the provisions of this act, shall IN any
event become liable to the satisfaction Of any debt
debts contracted prior to the ssungt patent therefor
SEC. 5. And Be it furthcr eaoeted That if, at any
time after filing the affidavit required in the second
section of this act and before the expiration of the
FIVE years aforesaid, shall be proven by two
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
ber residence or abandoned the said entry for more
than six months at any one time, then and In that
event. the land entered shall revert back to the
Government, and be disposed OF as Other puDnc ands
are by law.
SEC 6. And be ii furicr enacted, That if any person
now resident of any 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 declaration Of intention, required
by the naturalization laws Of the United States, and
shall become citizen of the same before the issuance
of the patent as provided for in this act such person
shall be placed upon equal footing with the native
born citizen of the United States.
SIC. I. And beH 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 tie General Land Office il hereby required to pre-
pare and issue such rules and regulations consistent
with this act shall be necessary andproper to carry
its provisions into effect; and that the Registers and
Receivers of the several land offices shall be entitled
to receive thS same compensation for any lands
patented under the provisions of this act as 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 patent shall be issued: Prorided, h0rerr,
That all persons entering land under the provisions OF
this act shall as near as may be practicable nnaking
such entries be confined each alternate quarter sec
ton, and to land subject to private entry: And pro-
ridcd, furthcr That nothing in this act shall be so
construed az to impair or interfere in any manner
whatever with existing pre-emption rights.