The Buchanan County guardian. (Independence, Buchanan County, Iowa) 1858-1864, 1862-06-03

The following is correct copy OF the
Homestead bill as passed by both Houses
of Congress, and signed by the Presi-
dent:
DIV -tCTto secure Homesteads TO 1ctual
Settlers on tie Public Domain; and to
provide Bounty for Soldiers IN lieu
ofgrants Of tie Public Lands.
Be it enacted by the Senate and House
OF Representatives OF the United States
of America in Congress assembled :
That any person who is the head of I,
family, or who has arrived at the age OF
twenty years, and is a citizen of the
United States, or who shall have filed his
declaration of intention TO become such,
las required by the naturalization laws OF
the United States, and who has never
borne arms against the United States
Government, or given aid and comfort to
its enemies, shall, from and after the LIST
Of January, 1868, be entitled To enter one
quarter section. or less quantity, of un-
appropriated public lands, upon which
said person may have fled pre- emption
claim, or which may at the time the APP
plicalion is made, be subject to pre- empt-
ion at 81 Or less, per acre or eighty
acres or less Of such unappropriated
lands, at So. 50 per acre, to be located in
q body, in conformity to the legal subdi-
visions of tie public lands, and after the
same shall have been surveyed: Provi
ded, That any person owning and resi-
ding on land may, under the provisions
Of this act enter other land lying con-
tguous TO his or her said lands, which
shall not, with the land so already own
ed and occupied, exceed in the aggre.
gate 100 acres.
Sec. 9. And be ii further enacted
That the person applying for the benefit
Of this act shall, upon application to the
r gister Of the Land Office in which he
or she is about to make such entry, make
affidavit before the said Register or Re-
ceiver, that he or she is the head of a
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 10 its enemies, and
that such application is made for his or
her exclusive use or benefit, and that
said entry is made for the purpose of
actual settlement and cultivation, and
not either directly or indirectly for the
use or benefit of any other person or
persons whomsoever and upon filing
the said affidavit with the Register or
Receiver, and on payment of $40, he or
she shall thercupon be permitted to en-
ter the quantity of land specified Pro-
vided, hoaUeper, That no certificate 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 il he be dead, his widow or
in case of her death, his heirs or devisee !;
or in case Of a widow making such entry,
her heirs or devisee, in case of her death
hall prove by two creditable 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 Mat no part of said
land has been altenated, and that lie has
borne true allegiance TO tie Government of
tie United States ) then, in such case,
he, she, or they, if at that time citizen
of the United States, shall be entitled to
patent, as in other cases provided for
by law: Ana provided, further, That in
al, 4 s. l. Al. Cal, Il
mother, leaving an infant child, under
twenty one years of age, the right and
fee shall enure To the benefit Of said
infant child or children and the
executor, administrator, or guardian may,
at any time within two years after the
death of the surviving parent, and in
accordance with the laws of the State in
which such children for the time being
have their domicil, sell said land for the
benefit Of said infants, but for no other
purpose and the purchaser shall acquire
the absolute title by the purchase, and be
entitled TO a patent from the United
States, on payment of ths Office fees and
sum of money herein specified.
SEC. 8. 1na be II further enacted,
That the Register of the Land Office
shall note all sucn 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
Olfice, together with the proof upon
which hey have been founded.
Sec. 4. And Je Il further enacted
That no lands acquired under the pro-
visions of this act shall in any event be-
come liable to the satisfaction of any
debts contracted prior to the issuing of
the patent therefor.
SEC. s. And be ii further enacted,
That if, at any time after the filing OF
Of the affidavit, as required in the section
Of this act, and before he expiration Of
the five years aforesaid, it shall be prov
en-, after due notice 10 the settler, to the
satisfaction Of the Register Of the Land
Office, that the person having filed such
affidavit shall have actually changed his
or her residence, OF abandoned the said
land, shall have ceased TO occupy said
land for more than six months at any
time, then ard in that event the land so
entered shall revert to the Government.
SEC. 6. Ind be IL fartAer enacted,
That no individual shall be permitted TO