The weekly Mississippian. [volume] (Jackson, Miss.) 1859-1864, 1860-07-04
The Homestead Bill as Passed.
WAsHIsaroN, June 21st, 1876

WASHINGTON, June 21st, 1860.
Z The following is the bill to secure home
steads to actual settlers on the public domain,
and for other purposes, which passed both
Houses of Congress on the Goth of June:
Be it.enacted 5y the Senate and House of
Representatives of the United States of Anaeri-
ca an Congress assembled, That any person who
is sle head of family, and citizen of the
United States, shall, from and after the passage
of this act, be entitled to enter one quarter
section of vacant and Incorporated pubic
lands, or any less quantity, to be located in a
body, in conformity with the legal subdivisions
-soi the public lands. after the same shall have
been surveyed, upon the following conditions
that the persons applying for the benefit 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
Gsad register or receiver Of said land Office that
he or she is the head Of family, and is &C.
tually settled on that quarter section proposed
to be entered, and that such application IS
made for his or her use and benefit of those
specially mentioned in this section, and not,
sRitheE dirnd asn indirectly, for the use or
eft of any otneI person or persons whom
yer and that be or she has never, at any
vious time, had the benefit of this act
upon making the affidavit as above re-
ired. and filling the same with the register,
or she shall thereupon be permitted to en-
sr the quantity of land already specified =
crowded, however, That no final certificate
shalfhe@yen, or patent issued therefor, until
the expir6ti6f' q kfSs yszEs rom the date of
such entry !; end4f, at the expiration of such
time, the person making such entry, or, if he
be dead, his widow, or in case Of her death,
his child or children, or, in case of q widow
making such entry, her child or children, IN
case of her death, shall prove, by two credible
witnesses, that he. she or they, has or have
erected dwelling house upon said land, and
continued to reside upon and cultivate the
same. for the, term of five years, and still re-
side upon the same, (and that neither the
said land. nor any part thereof has been
alienated : then, IN such case, he she, or they,
upon the payment Of twenty-five cents per
acre for the quantity entered, shall be entitled
10 patent as in other cases provided by law;
and proyided further, in case of the death of
both father and mother, leaving minor child
or children, the right and the fee shall insure
tn the benefit of said minor child or children,
and the guardian shall be authorized to per-
fect the entry for the beneficiaries, as if there
l.h.A.heen a continued residence of the settler
- ave wears. Provided, that nothing in this
a~.tion shall be 50 construed as to embrace,
= IN any way include any quarter section or
s-.ctional quarter section of land upon which
~ Incentive right has been acquired prior to
~ massage of this act and provided further,
.b.t all entries made under the provisions of
80 section upon land which have not been
Aired for public sale shall be confined to
mi mon sections designated by odd numbers
SIC. 2. And be it further enacted, That
.he register of the land Office shall note all
.ncb applications on the tract books and plats
y his office, and keep register of all such
tries. and make return thereof to the Gen
ii Land Office together with the proof upon
.-b;ch they have been founded.
SEC. 3. And Be It further enacted. That no
Ind ACQUIRED under the provisions of this act
Shsu in any event, become liable to the salts
ton of any debts until after the issuing OF
,hs patent therefor.
sc. 4. And BE- it further enacted. That il,
sny time after filing the affidavit, as re-
',;red in the first section of this act, and be-
ne the expiration of the five years aforesaid,
sbaII be proved, after due notice TO the set
Ia to the satisfaction Of the register Of the
nd Office, that the person having filed such
saayit shall have sworn falsely in any par.
.NN1tA
- possession and cultivation of the said land
4 more than six months atany time, or sold
81 right under the entry, then, and in either
n those events, the register shall cancel the
Intry. and the land 50 entered shall revert e
ha Government, and be disposed of as othel
aubIjc lands are now BY law, subject to ar
rnneaI TO the Secretary of the Interior. And
:, no case shall any land, the entry whereo
shall have been cancelled, again be subject t.
occupation or entry, or purchase, until tht
some shall have been reported to the Genera
Ind Office, and, By the direction of the Presi
5ent of the United States, again advertised
and offered at public sale.
SEC. 5. And Be IL further enacted, That i
~ person, now or hereafter resident of any
me Of the States or Territories, and not /
S;t;zeu Of the United States, but who, at thu
t;me of making such application for the bene
a. Of this act, shall have filed a declaration o
:ntention, as required BY the naturalization
isWs of the United States, and shall have be
.ome citizen Of the same before the issuing
~ the patent as provided for IN thus act, suct
:. shall Be entitled to all the rights con.
Jared by this act.
&c. 6. And b Il further enacted, That nc
..S;v;dual shall be permitted to make mors
In one entry under the provisions Of this
anu t16t Liz OcCIStAty ee--e~stoA Y
s..sbv REQUIRED to prepare and issue, from
t;me to time, such rules snd regulations, con-
s;stent with this aet, as shall be necessary and
.-oper to carry its provisions into effect; ant
!Sst the registers and receivers Of the severa
1.nd Offices shall be entitled TO receive, aPor
the fling Of the first affidavit, me sum q Ill
Z H--,te each. and ike sum upon the issuinI
al he f1nSlcertiacate. But tins shall not b
construed . enlarge the maximum of com
pensation nov prescribed By law Tor any reg
ister OF recs'ser. Provided, That nothing =
this act shsll S 30 CONSTRUED as to impair tn
existing presumption, donation, Or Tsduatlsl
laws Or 70 snbrace lands which have been 70
serred ID s. "a ar entered at the price Of tw
dollars md i'ig cents per scre but no entry
under said Ssduation act, shall be allows
until afisr r;oof Of actual settlement and GU
tirstionos5nnpsney i0ras lsass three months