, 1862-07-12
The Homestead Bill

The Homestead Bill.
The following is a correct copy of the Home
stead Bill as passed by both Houses of Congress
and signed by the President:
AN ACT to secure homesteads to actual settlers
on the Public Domain, and to provide bounty
for soldiers in lieu of grants of the public lands
Be it enacted by the Senate and House of Rep
resentatives of the United States of America, in
Congress assembled; That any person who is the
head of family, or who has arrived at the age o.
twenty-one years, and is citizen of the United
States, or who shall have filed his declaration OF
intention to become such, as required by the nat
urazation laws of the United States and who has
never borne arms against the United States Gov
ernment, Or given aid and comfort to its enemies,
SHALL from and after January 1st, 1868, be enti-
tied to enter one quarter section, or less guam
tity, of unappropriated public lands, upon which
said person may have filed pre-emption claim,
or which may, at the time the application is made,
be subject to pre-emption at $1,25, or less, per
acre; eighty acres or less of such unappropria-
ted lands, at $3.50 per acre, to be located in
body, in conformity to the legal subdivisions of
the~publc lands, and after the same shall have
been surveyed; provided, that any person own
ing and residing on land may, under the provis-
ions of this Act, enter other land lying contiguous
to his or her said land, which shall not, with the
land so already owned and occupied, exceed in
the aggregate 16O acres
SEC. 2. Ard be it further enacted, That the
person applying for the benefit of this Act shall,
upon application to the Register of the Land Of
flee in which he or she is about to make such en-
try make affidavit before the said Register or Re
ceiver thathe she is the head of family, or is
twenty-one years or more of age, or shall have
performed service in the army of the United
States, and that he has never borne arms against
the Government of the United States or given aid
and comfort to its enenes and that such applica-
tion is made for his or her exclusive use and ben
eht, and that said entry is made for the purpose
of actual settlement and cultivation, and not eth
er directly Or indirectly for the use or benefit of
any other person or persons whomsoever; and
upon fling the said affidavit with the Register or
Receiver, and on payment of $40 he or she shall
thereupon be permitted to enter the quantity of
land specified provided, however, that no GER
tificate 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 years thereafter, the
person making such entry-or if he be dead his
widow; or in case of her death, his heirs or devi-
see; or in case of widow making such entry
her heirs or devisee, in case of her death-shall |
prove by two credible 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 aforesaid. and shall |
make affidavit that no part of said land has been
ahenated, and that he has borne true allegiance
to the Government of the United States then. in
such case he, she they, if at that time citizen
of the United States, shall be entitled to patent
as IN other cases provided for by law: And. pro-
wded, further, That in case of the death of both
father and mother, leaving an infant child, or chill
dren under twenty-one years of age, the right and
fee shall enure to the benefit of said infant child
or childrenj and the executor, administrator. or
guardian may, at any time within two years after
the death of the surviving parent, and in accord
ance with the laws of the United States in which
such children for the time being have their domi-
cl sell said land for the benefit of said infants
but for no other purposes and the purchaser
shall acquire the absolute title by the purchase,
and be entitled to patent from the United States
on payment of the office fees and sum of money
herein specified
SEC. 3. 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 register of all such entries, and
make return thereof to the General Land Office,
dgether with the proof upon which they have
oeen founded.
SEC. 4. And be it further enacted, That no
ands acquired under the provisions of this Act
'hal in any event become liable to the satisfac-
ion Of any debt or debts contracted prior to the s
ssuing of the patent therefor.
SEC. 5. And be it further enacted, That if, at
my time after the filing of the affidavit, as re-
lulred in the - section of this Act, and before
he expiration of the five years aforesaid, it shall
'e proven, after due notice to the settler to the
ofthe Register of the Land Office, that
he person having filed such affidavit shall have >
ctually changed his or her residence, or aban-
loned the said land, shall have ceased to occupy
aid land for more than six months at any time S
hen and in that event the land so entered shall v
evert to the Government. t
SEC. 6. And be it further enacted, That no in a
vidual shall be permitted to acquire title to more
han one quarter section under the provisions of d
his Act; and that the Commissioner of the Gen
raj Land Office is hereby required to prepare and
ssue such rules and regulations consistent with +
bis Act, as shall be necessary and proper to car
y its provisions into effect; and that the Regis
ers and Receivers of the several Land Or--- !