Wabash express. [volume] (Terre-Haute, Vigo Co[unty], Ind.) 1841-186?, 1860-03-21
To Secure Homesteads to Actual
Settlers on the Public Domain.

" dHeeftCU W. NoHyfeSs VSSe"tOtcu'
That any person who is the head {
a family, or who has arrived at the az
of twenty-one years, and citizen c
the United States, or who shall hav
fled his intention to become such, a
required by the naturalization laws c
the United States, shall, from and afte
the passage of this act, be entitled t
enter, free of cost, one hundred ant
sixty acres Of unappropriated public
lands, upon which said person ma,
have filed pre-emption claim, which
may. at the time the application il
made, be subject to preemption at ont
dollar and twenty-five cents, or less
per acre; or eighty acres of such un
appropriated lands, at two dollars anC
fifty cents per acre; to be located in Z
body, in conformity to the legal sub,
divisions of the public lands. and after
the same shall have been surveyed.
SEC 9. And be h 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 or receiver that he or she is
the head of a family, or is twenty-one
years or more of age, and that such ap-
plications is made for his or her exclu.
sive use and benefit, and those specially
mentioned in this act, and not either
directly or indirectly for the use or
benefit OF any other persons whomso-
ever; and upon filing the AFFIDAVIT with
the register or receiver, he or she shall
thereupon be permitted to enter the
quantity of land specified: Proyided,
however, 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 ex-
piration of such time, or at anv time
within two years thereafter, the per-
son making such entry-or if he be
dead. his widow; or in case of widow
making such entry, her heirs of de-
wise, in case of her death-shall prove
by two credible witnesses that he, she
or they have resided upon and caltiva-
ted the same for the term of five years
Immediately succeeding the time of
filing the affidavit Aforesaid; then, in
such case, he, she or they, if at that
time citizen of the United States,
shall, on payment of ten dollars, be
entitled to patent, as in other cases
provided for by law: And proUided,
further, That in case of the death of
both father and mother, leaving ali in
FAINT child, or children under twenty
one years ofage, the right and fee shall
enure to the benefit of said infant child,
or children; and the executor, admin
istrator, 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 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 ac-
quire the absolute title by the purchase
and be entitled to patent from the
United States, on payment ofthe office
fees and sum of money herein specif-
ed.
SEC. 8. find 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 register of all such entries, and
make return thereof to the General
Land Offices, together with the proof |
upon which they have been founded.
SEC. A. And be IL furter enacted,
That all lands acquired under the pro-
yiso of this act shall in no event become
liable to the satisfaction of any debt or
debts contracted prior to the issuing of
the patent therefor.
SEC. 5. And be IL further enacted.
That if at any time after the filing of
the affidavit, as required in the second
section of this act, and before the ex-
piration of the FIVE years aforesaid, it
shall be proven, after due notice to
the settler, to the satisfaction of the
register of the land Office, that the !
person having fled such affidavit shall
have actually changed his or her res
idence, or abandoned the said entry
for more than six months at any time,
then, and in that event, the land so en-
tered shall rivert to the government.
SEC. 6. And be IL further enacted,
That no individual shall be permitted
TO make more than one entry under the
provisions ofthis act and that the COM
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 in
to 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 1t may be issued: Pro
rided, That nothing contained IN this
act shall be so construed as to impair
or interfere in any manner whatever
with existing presumption rights And
5oToUided, further, That all persons
who may have fled their applica-
tons for presumption right prior to
The passage of this act shall be entitled
10 all privileges OF this act.
The following ate the Ayes and
Nays on the final passage ofthe Home
stead Bill, on the 18th inst
YEAs-Messrs. Adrain, Aldrich, Ashley,
Rabbit, Barr, Bingham, Briggs, Bnffinion,
Buroh, Burnham. Campbell. Carey, Carter,
Case, John Cochrane, Colfax, Conkling,
Davis Of Indiana, Dawes, Delano, Duell,
Dunn, Edgerton. Eliot, English, Fenton,
Ferry. Florence. Foster, Fouk, Frank,
French, .Gooch, GrahaD, Grow, Gurley
Hale, Had, Haskin, Helmick, Sickman,
Hoard. Holman, Howard, Humphrey
HutchiDs, Junkin, Killogg of Michigan,