The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1862-05-30
The Homestead Bill.


The following is a correct copy of the
( homestead bill as passed by both houses of
Congress, and signed by the President:
AN ACT to secure Homesteads to Actual Set.
tiers on the Public Domain and to pro.
vide Bounty for Soldiers in lieu of grants
of the Public Lands.
Be it enacted by the Senate and House of
Representatives of the United States of-Ameri-
ca in Congress assembled That any person
who is the head of family, or who has ar.
rived at the age OF 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 naturalization laws of
the United States, and who has never borne
arms against the United States Gov.
eminent. or given aid and comfort to it's enc.
mics, shall, from and after the lst of January,
1863. be entitled to enter one quarter section.
or less quantity, OF unapprOpriated public
lands, upon which said person may have filed
apre'emptiOn claim, or which may at the time
the application is made, be subject to pre-
emption at $l.25 or less, per acre. or eighty
acres or less of such Incorporated lands, at
SOU per acre, to be located in body, in con-
fOrmty to the legal subdivisions of the public
lands, and after the same shall have been sur.
veyed Provided, That any person owning
and residing on land may, under the provision,
OF THIS act, enter other land lying contiguous
to his or her said lands, which shall not,
with the land 80 already owned and occupied,
exceed in the aggregate l60 acres.
Sec. z. And be 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 or 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 service
IN the army of the United States, and that he
has never borne arms against the Government
OF tne united States, or given aid and comfort
TO It's enemies. and that such application is
made for his or her exclusive use and 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 whom.
soever and upon filing the said affidavit with
the Register or Receivef,and on payment of $40
he or she shall thereupon be permitted to enter
the quantity of land specified: Provided, how
ever. That no certificate shall be given or pat.
ent 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 max.
ing such entry-or if 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-shall
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 atore.
said, and shall make affidavit that no part of
said land has been alieDated, and that he has
BONE true allegiance to the Government of
the 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: And provided, fur
Their, That in case of the death of both father
ar n,nf loav ipfo nj ohil
dren under twenty one years of age, the right
and fee shall enure to the benefit of said infant,
child or guardian; and the executor, admins.
traitor, 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 domicl. sell said land for the benefit
OF Sd i'd infants, but for no other purpose; 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. 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 en-.
tries and make return thereof to the General
Land office, together With the proof upon which
they have been founded
Sec. And be it further enacted, That no
lands acquired under the provisions of this act
shall in any event become liable to the salts.
action 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 e filing of the affidavit. 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 satisfac ton of the Register of The Land
Office, that the person having filed such afti.
davit shall have actually changed his or her
residence, or abandoned the said land, shall
L Il lo,,l
six months at any time, then and in that event
the land so entered shall revert to the Govern.
ment.
Sec. G. And be it further enacted, That no
individual shall be permitted to acquire title
to more tn IN ope.quarter section under the
provisions of this act: and that the Commits.
sioner of the General Land Office is hereby
required to prepare and issue such rules and
regulations, consistent with this act, as shall
be necessary and proper to carry its provis-
ions 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 protection of this act that they are
now entitled to receive when the same quality
of land is entered with money, One-half to be
paid by the person making the application at
the time of so doing, end the other half on
the issue of the certificate by the person to
whom it may be issued; but this shall not be
constructed to enlarge the maximum OF com.
pensation now prescribed by law for any re-
gister or receiver: Provided, That nothing
contained in this act shall be SO construed as TO
impair or interfere in any manner whatever
with existing pre.emption rights; And provi
ded further, That Sil persons who may have
filed their applications for presumption right
prior to the passage of this act shall be enti-
tied to all the 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 10 the army or navy of the
United States, either regular or volunteer. I'M.
der the laws thereof, during the existence of
an actual war, domestic or foreign, shall be
deprived of the benefits of this act on account
of not having attained the age of Il years.
SEC. Z. And be it further enacted, That the
fifth section of the act entitled IAN act in ad-
dition to an act more effectually to provide
for the punishment of certain crimes against
the United States, and for other purposes"
approved the Sd of March, in the year 1857,
shall extend to all Oaths, aflrmations and aft.
davits, required or authorized by this act.
SEC. 8 And be it further enacted, That moth.
ing 10 this act shall be SO construed as to pre-
vent any person who has avaiIed him or her.
self of the benefit Of the first section of this act
from paying the minimum price, or the price
to which the same may have graduated. for
the quantity of land so entered at any time