Daily Democrat and news. [volume] (Davenport, Iowa) 1859-1864, 1860-03-19

10 Sesure Honesseads to Actual settlers
Of the Public Domain.
Passed tho Beass Of REPRESENTATIVES, March 12sb
1850. Ayes IL; Nays ss.
Be IL smaessd BY the Slssls s.d House Of Repre-
senssfises Of the Uaised States of America. IN
Co~gvess assembled:
That any person who is the head Of q
family, or who has arrived at the age Of
twenty-one years, and is citizen Of the
United States, or who shall have filed
his intention to become such az required
by the natura lization laws ofthe Uni
ted States, shall, from and after the pass.
age Of this act, be entitled to enter, free
OF cost, one hundred and sixty acres OF
unappropriated public lards, upon which
said person may have filed pre-emp-
ton claim, which may, at the time the
application is made, be autject to pre-
emption at one dollar and twenty-five
cents, or less, per acre; or eighty acres
Of such unappropriated lands, at two dol
lars and fifty cents per acre; to be loca-
ted in q body, in conformity to the le-
gal subdivisions of the public lands, and
after the same shall have been surveyed.
SEC. 2. Ind be 1t further enacted,
That the person applying for the benc-
fit of this act, shall, upon application to
tho 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 application is made
for his or her exclusive use and benefit,
aud those specially mentioned in this
act, and not either directly or indirectly
tor the use or benefit Of any other per-
son or persons whomsoever and upon
filing the affidavit with the register or
receiver, he or she shall thereupon be
permitted to enter the quantity Of land
specified: Provided, ho,cevsr, 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, or at any time within two year,
thereafter, the person making such en-
try-or if he be dead, his widow; or in
case of her death, his heirs or devisee /;
or in case of widow making such en-
try, hsr hers or devisee, in case of her
death-shall prove by two credible wit
nesses that he, she or they have resided
upon and cultivated the same tor the
term of five years Immediately succeed
ing the time Of fling the affidavit afore-
said then, in such case, he, she, or they
if at that time q citizen Of the United
States, shall, on payment of ten dollars,
be entitled to patent, a. in other cases
provided by law ; A'sd prouidsd, turth-
er, That in case Of the death OF both
father and mother, leaving an infant
child, or children under twenty .one
years of age, the right and fee shall en-
ure to the benefit OF said infant child, or
children; and the executor, administra-
tor, or guardian may, at any time within
two wears after the death OF the surviv-
ing parent, and in accordance with the
laws of the State in which ouch children
for the time being have their domicil,
sell said land for the benefit of said in
fauts, but for no other purpose; and the
purchaser shall acquire the absolute title
by the purchase, and be entitled to q
patent from the United States, on pay
ment of tho office fees and sum Of money
herein specified.
SEC. 8. And be It 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 q register Of all such entries, and
make return thereof to the General
Laud Office, together with the proof
upon which they have been founded.
SEC. 4. And be 1t further enacted,
That all lands acquired under the provis-
ions 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. S. And be 1t 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 expi-
ration Of the five years aforesaid, it
shall be proven, after due notice Of the
settler, to the satisfaction of the regis
ter of the land Office, that the person
having filed such affidavit shall have ac-
tually changed his or her residence, or
abandoned the said entry for more than
six months at any time, then, and in that
event, the land 80 entered shall revert to
the government.
SEC. 6. And be 1t further enacted,
That no individual shall be permitted to
make more than one entry under pro-
visions of this act and that the Com
missioner of the General Land Office is
hereby required to prepare aud issue
such rules and regulations, consistent
With this act, as shall be necessary and
proper to carry its provisions into ef-
feet and that the registers and re-
ceivers Of the several land offices shall
be entitled to receive the same compen-
sation for any lands entered under the
provisions of this act they are now en-
titled to receive when the same quantity
Of land is entered with money, one-half
to be paid by the person making the ap-
plicatlon at the time so doing, and the
other half on the issue of the certificate
by the person to whom it may be issued /:
Provided, That nothing contained in
this act shall be 80 construed - to i'm
pair or interfere in any manner what
ever with existing presumption rights
Ind proviaed further, That all persons
Il IL