Daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1859-1865, 1862-07-25
oFFIoIAL.
LAWS OF THE UNITED STATES,
P1ssed at tHe Second S<ssfon Of the TaiTty-Serean
@ C5Ngresf g 4 au
iPupLIc-No. GIT

tPupLIc-No. 6f.I ft
An act to secure homeeads to actual settlers on the
~ a7 public domain. Hri|t-
BE 1t enacted by the Senate and House of Repre-
Bentatives of the United States of America In Com
gresy assembled, That any person who Is a head of
years, and is a citizen Of the United states, or
who shall have filed his deearadon OF intention to
become such, rs required by the naturalization laws
OF the United States, and who has never borne arms
against tho United States Government or given aid
first tJanuRry, eighteen hundred and sxty-three, be
entitled to enter quarter section less guam
tity Of unappropriAtel public lands, upon which
which may, at the time tho application Is made be
subject 70 preemptlon at dollar and twenty-five
cents, or less per acre; eighty or less OF
such uuapprOpriAtel lands, at two dollars and ffy
cents per acre, to be located in body In conformity
to the legal subdivisions OF the public lands, and
amer tile same shall have beOn surveyed Provided,
That any person owning or residing on land may,
under the provisions of this act enter other land "
ing contiguous to his or her said land, which shall
not, with the land so already known and occupied,
ncres.
Sec 2. And be 1t further enacted, That the person
applying for the benot OF this act SHALL upon app-
cation to the register Of the land office in which he
or she Is about TO make such entry, make alidaSit
before the said register or receiver that he or SIC g
the head OF family, or Is twentyone years
OF age, or shall have performed service in the army
or navy Of the United States and that he has never
borne arms against the Government OF the United
States given aid and comfort 70 its enemies and
nus or her exclusive
and benefit and that said entry Is made for the
purpose Cf actual settlement and cultivation, and
not either directly Indirectly for the beneht
OF any other person or persons whoms0eVer; and
upon filing the said affidavit with the register or
receiver, and on payment OF ten dollars, he or she
shall thereup0n be permitted t. enter the dusntity
Of land speeded: ProYldf d, however. That no eerfi
heate shall be given patent Issued therefor untf
The expiration of five years from the date Of such
entry; and ~ 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
TS.n . k.a- Ii tt.
of widow making such entry, her heirs or deVisee
In OF her death-8hRll prove by two credible
witnesses that he. She they have resided upon or
cultivated the same for the term Of five years fmme
dately succeeding the time Of filing the afidayft
Aforesaid, and shah make AHidayie. that no part OF
said land has been aienated aud that he has borne
true allegiance to the Government Of the United
StAtesi then, in such case he she or they r. at that
time citizen Of the United States, shall be entitled
And provided further, That in case OF the death OF
both father aud mother, leaving an infant child or
children, under tWenty tyone years Of age, the right
and fec shall enure to the benefit OF said infant child
or children; and the executor, administrator or
guardian may, at any time within two yeara after
the death OF the surviving parent, and in aeeordhncs
with the laws OF the State In which such children
for the time being have their donief sell said land
tor tho bepet Of said infAnts but for NO other p,r
pose; and the purchaser shAll acquire the absolute
title by the purchase, and be entitled to patent
fromthe United States, payment Of the ONCE fees
and sum OF money herein specified. IS Y
Sec. 3, And be Il further enacted That the reEfa-
ter of the land ofice shah all
ON the tttcg DOCKS and pAt1 OF his ONCE and keep
register Of all such entries and make return there
Of % the General Land once, together with the
proof upon which they have been founded.
Sec. 4. And be 1t further enacted, That no lands
acquired under the provisons of this act shall
event become liable to the satisfaction of any debt
or debts contracted prior to the ssueing Of the pa
tent .thaFBiOF. -ti --i-ii -i.lt :. -
Sec. s. And be it further enacted, That II at any
time attel the Cling Of the RidAvit, - required in
the second section or this act and before fhe exni-
ration of the Ave years Aforesaid It shaiibe proven
after due notice TO the settler to the satisfaction Of
the register of tbs Land office, that the person hAv
ing filed such affidavit shah have actually changed
his her Tesidence, or aband the said land for
that event the land entered shAlI raHert 70 the
Government. ~
Seed. And be It further enacted, That no fndf
ViIual shRiI be permitted toReIuire title to more
act; and the Commissioner OF the General Land
ONCE S. hereby required to prepare and issue such
rules and regulations consistent with this act as
slhl be necessary and proper carry Its pr6Sisohs
the several land oees shall be entitled to receive
the same pansAt ion for any lands entered under
the provisions Of this act that they are now anfftle
to receive when the same quantity Of land fis en-
making the application atthe time Of 50 doing and
the other half thoissue OF the Certificate fIlG
person to whom It may be issued; but this shall NOT
be eonstrued to enlarge thu ula Eimum Of eompensl
eeiVer: Provided, That nothing eontRined In this
act shalI be 80 construed as 70 impair or fntsrfa
In any niauiitr Nhatgver with existing presumption
rights: And provided, further That an persons who
right prior 70 Of shall be entitled
to all privileges or this aet Provided further That
no person who has served or may hereafter serve
for period Of NOT les than fonrtpen days In the
volunteer, under the laws thereof, during the e4-
fstence Of an uetual war, domestic o. orelgi shaf