The Emporia news. [volume] (Emporia, Kan.) 1859-1881, 1861-01-05
THE HOMESTEAD BILL.


.zes SETTLERS ON THE PUBLIC DOMAIN.
Be IT enacted by the Senate and House Of
Rlprcsentatives of The Usited States of Aner-
iea ias Congress assembled, That any per-
son who is the head of family, or who
has arrived at the age of twenty one years,
and, is citizen Of the United States, or
who shall have fled his intention to become
such, as required BY the naturalization laws
Of the. United States, shall, from and after
the passage of this act be entitled to enter,
free of cost, one hundred and sixty acres of
uiappfepfiated public lands, upon which
sid persos may have fled presumption
claim, or which may, at the time the appli-
cstionSis made, be subject to presumption at
one dollar and twenty five cents, or less,
pera ere; or eighty acres of such unappro-
priated lands, az two dollars and fifty cents
per acre; to be located in . body, in con-
formity to the legal subdivisions of the pub
lie lands, and after the same shall have been
surveyed. TR wEFAl Il. @#SANs
Sec. 2 Ind BE it further enacted, That
the persons applying for the benefit of this
tasshail; upon application to the register of
the land Office in which he or she is about
70 make such entry. make affidavit before
the said register or receiver, that he or she
is the head Of family, or is twenty one
years or more of age, and that such appli-
cation is made for bis or her exclusive use
and benefit, and those specially mentioned
in this act, and not. either directly or indi-
rsclly, for ths, use or benefit of any other
person or persons whomsoever; and. upon
filing the affidavit with the register OR re-
ceiver, he or she shall be permitted to enter
the quantity of land specified; Provided,
however, That no certificate shall be given,
or patent issued therefor, until the expira-
ton of five years from the date of such en-
try; and if. at the expiration Of such time,
or at any time within two years thereafter,
the person making such entry-+or, IL he be
dead, his widow; or, in case OF her death,
his heirs or devisee; or, in case OF widow
making such entry. her heirs or devisee, in
case Of her death-shall prove by two cred
ible witnesses, that he, she's they have re-
sided UPON and cultivated the same for five
wears Immediately succeeding the time oil
filing the affidayit aforesaid, then. in such
case. he, she or they, if at that time citl
zen 81 the United States, shall, on payment
of ten dollars, be entitled to patent, as II
other cases provided for by law; And, pro
uided, J4rtker, That in case Of the death o.
both father and mother, leaving an infan
child. or children, under twenty -one years
of age, the right land fee skall enure to the
benefit of said infant, child, or children
and the executor, administrator, or guardi
an may, at any time within two years afLel
the death, of the surviving parent, and il
accordance with the laws of the State il
which .sucls children, for the time, being
have their domicile, sell said land for tn
benefit of said infants, but for no other pur
pose: and the purchaser shall acquire tn
sbsoluts title by the purchase, and be emit
Aed to patent from the United States, Oh
payment of the, Office fees and sum of mon
ey herein specified.
Sec. 8. dad Be is further enacted, Tha
the Register of the Land Office shall not
sNs dch applications on, the tracts, books
and plats Of his Office, and keep 3 registe
of sIl.snch entries, and make return thereo
to he General Land Office, together wit
the proof. upon which they have bee
founded
sec .4ssaAad 5sI further enacted. Tbs
all lands acquired under the provisions
this act shall in no event become liable
the satisfaction of any debt or debts con
tracted prior to the issuing OF the Patsu
therefor. ~
Sec. S. Ind Be Il further enacted. Tbs
if, at any time after the fling Of the atnds
Wit. as required in the second section
thisact, and before the expiratioH OF the ti'
years aforesaid, it shall be proven, after du
notice to the settler, 70 the satisfaction
the Register of the Land Office. that Il
person having fled such affidavit shall ha'
actually changed his Or her residence. :
abandoned the said entry for more than a
nthsaEAngtims. then. and in that even
the land so entered shall rsvsrt to the Go'
EJd 3! l4sd BE- e fIrak<yiisneesed, Thas :
Individual shah be permitted to make mo-
thanlone ehtry under The provisions OF III
acty-gn6, that tha Commissioners of the Gei
erai Land Office is hereby required to pr
pare and issue such rules and regulation
consistent with this act, - shall be nscessl
rysand proper to carry its provisions IN
effect; and that the Registers and Receiver
of3E1e sevsra Land Offices shall be entisle
70 receive the same compensation for sn
lands entered under the provisions of thi