Nebraska advertiser., 1862-05-29

made for his or her exclusive use and benefit,
and that said entry is made for the purpose OF
aetna. settlement and cultivation, and not
either directly or indirectly for the use or bene-
Et of any other person or persons whomso-
ever and upon filing the said affidavit with
the Register or Receiver, and on payment OF
SO he 81 she shall shereupon be permitted to
enter the quantity of land specified Provid-
! ed. however. That no certificate shall be given
or ntent issued therefor until the expiration
of five years from the date Of such entry /;
and if, at the expiration of such time, or az
any time within two years thereafter, the per-
son making such entry-or if ne be dead, MS
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
shall prove by two credible witnesses that
he, she, or they have resided upon or eulivat-
ed the same for the term of Eve years imme-
diately succeeding the time of filing tile am-
davit aforesaid, and shall make affidavit that
no part of said land has been alienated, and
that be has 6srne true allegiance to the Gov
eminent Of the United States then, IN such
case, he, she or they. if at that time a citizen
Of the United States, shall be entitled to a
patent, as in other cases provided for by law;
And provided, further, That in case OF the
death of both father and mother, leaving an
infant child, or children, under twenty-one
years of age, the right and fee shall enure to
the benefit of said infant child or childrens;
and the executor, administration, or guardian
NAV, at any time within two years after the
death OF the surviving parent, and in accord
anee with the laws Of the State in which such
children forthe time being have their domicile,
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 the Office fees and sum
of money hereinafter 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 q register Of all such
entries, and make return thereof to tee Gene
raj Land Office, together with the proof upon
which they have been founded.
SEC. 4. And be it further enacted, That
no lands acquired underline provisions of this
act shall in any event become liable to the
satisfaction of any debt or debts contracted
prior to the issuing of the patent therefor.
SEC. s.. And be it further enacted, That
if, at any time after the fling of the affidavit,
as required in the section of this act, and be-
fore the expiration of the FIVE years aforesaid,
it shall be proven, after due notice to the set
tier, 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, or abandoned the said land, shall
have ceased to occupy the said land for more
than six months at any time, then in that
event the land so entered shall revert to the
Government.
SEC. 6. And be it further enacted, That
no individual shall be permitted to acquire
title to more ;han one quarter section under
the provisions of this act ; and that the Com
missioner of the General Land Office is here
by required to prepare and issue such rules
and regulations, consistent with this act, as
shall be necessary and proper to carry its pro-
visions into effect and that the Registers and
Receivers of the several Land Offices shall be
entitled to receive the same compensation for
any lands entered under the provisions Of this
act that they are now entitled to receive when
the same quantity Of land is entered with
money, one half by the person maLiBg the
application at the time of so doing, and the
other half on the issue of the certificate By
the person to whom it may be issued but
this shall not be construed to enlarge the
maximum of compensation now prescribed by
law for any Register or Receiver Provided,
That nothing contained in this act shall be so
construed as to impair or interfere IN any man.
ner whatever with existing prescription rights;
and provided, further, That al persons who
may have filed their applications for a pre-
emption right prior to the passage of this act
shall be entitled to all privileges of this act
Provided, further, That no person who has
served, or may hereafter serve, for a period of
not less than fourteen days in the army or
navy of the United States, either regular or
volunteer, under the laws thereof during the
existence Of an actual war, domestic or for
eign, shall be deprived of the benefits Of this
act on account of not having attained the age
of twenty-one years.
Sec. 8. And be it further enacted, That
the fifth section of the act entitled "An act
in addition to an act more efectually 10 pro-
vide for the punishment of certain crimes
against the United States, and for other pur-
poses,'' approved the third of March, in the
year eighteen hundred and fifty-seven, shall
extend to all oaths, affirmations, and afidavits,
required or authorized by this act.
Sec. 8. And be it further resolved, That
nothing in this act shall be SO construed as to
prevent any person who has availed him or
herself of the benefits of the first section of
this act from paying the minimum price, or
the price to which the same may have gradu-
ated, for the quantity of land so en,ered at any
time before the expiration of the five years,
and obtaining a patent therefor from the Gov
eminent. as in other cases provided by law,
on making proofof settlement and cultivation
as provided by existing laws granting pre-
emption rights.
Approved May 20, 1862.
The Richmond Paners bean q orent