St. Cloud Democrat. [volume] (Saint Cloud, Stearns County, Minn.) 1858-1866, 1862-05-29
The Homestead Bill.


Homestead bill rs passed by 10Th houses
Of Congress, and signed by the President
AN ACT to secure Hon esteads to Actual Set
tiers on the Public Domain; and to pro.
vide Bounty for Soldiers in lieu Of grants
ofthe Public Lands
: Be il enacted BY the Senate and House Of
Representatives Of the United States Of Amsri.
o. in Congress assembled That any person
who Is tue head Of q family, or who has arriv
cd Ut tho age of twenty one years, and is citi-
sen OF the United States, or who shall have al
cd his declaration Of intention to become such,
o. required by the naturalization laws Of tho
United States, AID who has never borne arms
against the United States Government. or Civ
on aid and comfort to its enemies, shall, from
and after the LIST Of January, 1868, be entitled
to one quarter section, or . less quantity, of
unsppropristed public lands, upon which said
person may have filed . pre- emption claim. OF
which may 1t the time the application is made
DO subject to pre- emption at 81 3 or less, per
acre or eighty acres or less ofsuch unappro.
priated lands. vt 81 50 per acre to be located
in body, in conformity to the legal subdivis-
ions Of the public lands, and after the same
has been surveyed: Provided, That any per.
sou swning and residing on land may, under
the provision. Of this ..ct, enter other land ly
ing contiguous to his or her said lands, which
shall uol, with the land 50 already owned and
occupied, exceed in the aggregate l6o acres.
Sec z And b. it further enacted, That the
person applying for the benefit Of this act,
shall, upon application to the Register Of the
Land Office in which he he she is about to
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, or shall have performed sevice in
the army Of the United States, and that he has
never borne arms against the Government of
the ULitad States, or given aid or comfort to
its enemies, and that such application is M de
for his or her exclusive use and benefit, and
that said entry is made f,r the purpose Of NC.
tusl settlement and cultivation. and moi either
directly or indirectly for the use or benefit Of
any otter person or persons whomsoever; AMI
upon filing the said atti l.vit with tue Register
OF Receiver, aud III payment OF ST. lle Of she
shall therelpon be permitted to enter the guam
tity Of land specified Provided, however,
That no certificate Oh Ill be given or p+tcu, is
sued therefor until the expiration Of i've ears
from The date Of such entry; and if, At tae ex-
p'r'tion Ut such time o. at any time within two
years thereafter, tie person making such entry
-or if he be dead, his widow; or in case
Of her death, his heirs or devisee or in case Of
~
visee, in case OF her dea'h-shxll prove by two
cred1table witnesses that he, she or they, have
resided upon or cultivated the same for the
term Of five years Immediately succeeding the
time Of filing the affidavit that no part of said
land ~ been alienated, and that he has borne
true allegiance t. the Government of the United
States then, in such case, he, che or they if at
that time \ citizen of the United States, shall
be entitled to patent, as in other COS Is pro-
vided for by law: And provided, furtr Or, III It
in case Of the death Of both father and M h.r,
leaving an infant child, or children. under
twenty one years Of age, the light IN f.e shall
enure to the benefit Of said infant, Child or
guardian; and the executor administrator, or
guardian may, at any time within two years
after the death Of the surviving parent. AMI in
accordance with the laws Of the STATE in which
such children for the time being have their do.
micil, sell sail land fJr the benefit Of SAID in
fants, but for no other purpose; and the pur-
chaser shall aquire the absolute title by the
purchase. and oe entitled to patent from the
United States. on payment Of the office fees
and sum- OF money herein 50 .ciiied.
Sec. 4. Aud he it farther enacted. That
the Register Of the Land Office sh I'll note all
such applications on the tract books and plats
OF his office and keep register Of ull such en-
tries 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
no lands acquired un Ter the provisions of this
act shall in any event become liable to the sat-
isfactisn of any debt or debts contracted prior
to the issuing Of the patent therefor.
Sec. S. Aud be it further enacted, That if,
at any time after the filing Of the atfi Isvit, as
required in the section Of this act, and before
the expiration 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 affi,la-
Wit shall have a:tualIy changed his or her res
idence. or abandoned the said lan:l, ehall have
ceased to occupy sail land for more than six
mouths at any time, then and in that event
the land 80 entered shall revert to the Govern
ment
Sec. 6. And be it further enacted, That no
individual shall be permittel to acquire title
to more than one quarter section under the
provisions of this a,t !; and that the Commits
sioner OF the General Land Oiice is hereby re-
CURED to prepare and issue such rules and
regulations, consistent vii h this act, Us shall
be necessary and proper to carry its provis-
ions into effect; and that the registers aud re-
cevers OF the several land Offices shall be euti-
tied to receive the same compensation for any
lands entered under the protection 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 m king tho
application at the time Of so dsing and the
other half on the issue of the certificate oy
the persen to whom it may be issued; out
this shall not be constructed to enlarge the
maximum Of compensation now prescribed by
law for any register Or receiver; Provided,
That nothing contained in this act shall be 80
construed as to impair or interfere in any m IN
ner whatever with existing presumption gifts;
Aud provided further, That all persons who
may have filed their applications for pre-
emPtion right prior to the passage of this act
Shall be entitled to all the privileges of tais
act, Provided, further, That no person wno
has served, or who may hereafter serve. for
period of not less than fourteen days in the ar
Iax of I -