The Cass County Republican. [volume] (Dowagiac, Mich.) 18??-1880, 1860-03-29

= 1880. Ayes 10; Nays %.
BE e. enacted By the Senate and
House Of Representatives of the United
States Of Anssrica ~ Congress assens-
Did:
That any person who is tho head of
s.fAmily, or who has arrived at the age
Of twenty-one years, and is a citizen of
the United Statos, or who shall have
fled his intention to become such as
required by the naturalization laws of
Che United States, shall, from and after
the passage of this act, be entitled to
enter, free of cost, one hundred and
sixty acres of unappropriated public
lands, upon which said person may
have fled prescription claim, which
may. at the time the application is
made, be subject to presumption at one
dollar and twenty-five cents, or less,
per acre or so acres of such unappro-
priated lands, at two dollars and fifty
cents per acre; to be located in body,
in conformity to the legal subdivisions
OF the public lands, and after the same
shall have been surveyed.
Sec. 2. 4And be it 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 said register or
receiver that he or she is the head of
the family or-is twenty, one years or
more of age, and that such application
is made for his or her exclusive use
and benefit, and those specially men-
toned in this act, and rot either direct
ly or indirectly for the use or benefit of
any other person or persons whomso-
ever; and upon fling the affidavit with
the register or receiver, he or she shall
thereupon, be permitted to enter the
Quantity of land specified: Provided,
howeUer, 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 any time
within three years thereafter, the per-
son making such entry-or if no be
dead, his widow; or in case of her
death, his heirs or deviscc; or in case
widow making such entry, her heirs,
or devisce, in case of her death-shall
prove by two credible witnesses that
he, she or they, have resided upon and
cultivated the same for the term of
FIVE years Immediately succeeding the
time Of fling 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 dol
lars, be entitled to patent, as in other
cases provided for by law: Ind pro-
uided, further, That in case of the
death of both father and mother, leav-
ing an infant child, or children under
twenty-one years of age, the right and
fec shall endure TO the benefit of said
infant child, or children; and the exc
cutor, administrator, 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
N which such children for the time be-
ing have their domicil, sell said land
for the benefit of said infants, but for
no other purpose; and the purchaser
shall acquire the absolute title by the
purchase, and he entitled to patent
from the united States on payment OF
the office fees and sum of money here.
in specified.
SEC. 2. 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 registerof all such entries, and
make return thereof to the General
Land Office together with the proof
upon which they have been founded
SEC. 4. And be it further enacted
That all lands acquired under the dro.
visions of this act shall in no event be.
come 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 fling OF
the affidavit, as required in the second
section OF this act, and before the ex-
piration of five years aforesaid, it shall
be proven, after due notice to the set
tier, to the satisfaction of the register
+. of the land office, that the person hav-
ing filed such affidavit shall have actu.
ally changed his or her residence, OF
abandoned the said entry for more
than six months at any fine, then, and
= in that event, the land so entered shall
revert to the government.
SEC. g.. and be 1t further enacted,
That no individual shall be permitted
30 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 nee
essary and proper to carry this provis-
ion into effect; and that the registers
and receivers of the several land off
ces shall be entitled to receive the same
compensation for any land 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 al
the time Of so doing, and the other
half on the issue of the certificate, by
the person to whom it may be issued :
-Providkd, That nothing contained in
this act skalf be so construed as to i'm
.,o.- - sr<a~fs,ra IN o1u t,anuap W. a T.