Delaware State journal and statesman., 1862-05-30
TPunLlc-No. GA.
AN ACT TO secure homesteads TO actual settlers
on the public domain.
Approved May Il, 1862.

on the public domain
Belt enacted by The Senate and House Of Represen-
fatipes of the United States Of dmcricd IL Congress
assembled, That any person who is tho head OF
u family, or who has arrived at the age of TWEEN
tv.one wears, and is IA citizen of the United
Statcs, on vino shall have filed his declaration Of
intention TO become such, as required by the
naturalization laws of the United States, and
who has never horne arms againt the United
States Government or given aid and comflrt to
its enemies shall, from aud after the first Janu-
ary eighteen hundred and sixty three, be enti-
tied to enter one quarter section or less quan-
tity Of unappropriated public lands, upon which
snid person may have filed Il presumption claim,
or which may, at the time the application is
made, he subject to pre- empton Mt one dollar
aud tweniy five cents, or less, per acre or eigh
ty ncres or less of such unapprOpriated lands, ut
two dollars aud fifty cents per acre to be located
in body, in conformity to the legal subdivisions
Of the public lands, and after the same shall
have been surveyed: Prorided, That amy person
owning and residing ON aud may, under provis-
ions of this net enter other land lying contiguous
to his or her said land which shall not. with the
and so already owned and occupied, exceed in
the aggregate one hundred and sixty acres.
Sec. .. And he il 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 OF she is about to make such
/ entry, make altluaNlt ucluEt lht sulu IfBlHtI VI
receiver thnt he or she il the head Of family,
or is twenty-one or more years of age, or shall
have peTformel service in the army or navy nl
tile United States, nnd that he has never borne
arms against the uoVeralnent OF the United
States ar given aid and comfort TO its enemies,
and TINT such application is made Tor his or her
exclusive use aud benefit, and thnt said entry Is
made for the purpose Of actual settlement anu
Guilty. Atom and not either directly or indirectly
1 q. A. haniEt nf nthpr II
persons whomsoever; and upon filing the aai(
affidavit with the register or receiver, and oi
payment of ten dollars, he or she shall therenp-
s on he permitted to enter the quantity of lan'
4 specfed; Provided, hOWeUer, That no certificate
shall he given patent issued therefor untll I'M
{ expiration Of five years from the date OF suei
= entry and IT, at tue expiration of such time, o
& ut any time within two years thereafter TIL
person making such entry-or if he be dead h
i widow; or in case OF her death, his heirs o
:, deysee; or in case Of widow making such en-
IS try, her heirs or devsee, 10 case Of her death
,. shallproye by two credible witnesses that he
d she or they have resided upon or cultivated th
Is same for the term Of five years immedlatel
,e succeeding the time OF filing the affidavit aior'
l. said. and shall make affidavit that no part q
in said land has been aliennted. and that he ha
A. borne true allegiance TO the Government OF til
lr United States then, in such case, he she, {
cr thew il ut that time citizen Of the United state
We shall bo entitled to patent, as in other cast
provided for by law And prODided, FURTHER, Thi
III 10 case of tie death of both father and lnothe
fl leaving an infant child, or children, under twe
id tyone years of age, the right and fee shall emu
1t, TO the benefit of said infant child or ohldier
pd and the executor, administrator, or guardla
&C. NAV ut any time within two years after Il
of death OF the surviving parent and in hccor
auce with the laws Of the State in which SUI
lid children for the time being have their donnie
mt sell snid land for the benefit Of sald infants,
re- for no other purpose and the purchaser hh
er acquire tue absolute title by the purchase, al
,ht be entitled to n patent from the United Stat
crs on payment of the Office fees aud sum Of mon
"a herein specified.
Sec 3. Ahdb IL FURTHER enacted, That the
tn pister Of the land office shall note all such app
Or cations on the tract books and pla,s of his ol
ty and keep register of all such entries, a
len make return thereof to the General Land OH
oks together with the proof upon which they hg
mi been founded.
on- SEu, H. And be ii further enacted, That
.sh- lands acquired unber the provisions of this
five shall in any event become liable to the satlsi
xed tion of any debt or debts contracted prior to
and issuing Of the patent therefor.
by Sec 8. And be II FURTHER enacted, That H.
d in any time after the filing of the aiiadavlt'
and required in the second section Of this act,
and before the expiration Of the five years aoresi
took il shall be proven after due notice to the set
ers: to the satisfaction of the register of the !
the Office that the person having filed such ailad
II of shall have actually changed his or her reside
urer or abandoned the said land for more than
tion months at any time, then and in that event
two land 70 entered shall revert to the GoyerDm
ck of Sec. q. And DO ii further enacted, That nc
the dyidual shall be permitted to acquire tit
atcrs more than one quarter section under the pi
pro- aions of this net and that the Commissions
Z thu tic General Land Office is hereby require
oea- prepare aud issue such rules and reguat
each, consistent with this net. as shall be necces
same and proper TO carry its provisions iuto ell
rer, aud that the registers and receivers Of tue 81
# the nj land offices shall be entitled to receive
.crib. same compensation for any lands entered u
es Of the provisions vi this act that they arc now
mt or titled to receive when the same quanlll
ks.- land is entered with money, one hall to be
capi- by the person making the application Mt
!, the time of doing, anc the other half on the
. ma of the certificate by the person to whom 1t
ise or be issued; but this shall not he cOnstru'
Under enlarge the maxi mum Of compensation now
m the scribed by law for amy register or rece
NINA. Propiled That nothing contained in thi
ar the shall he so construed to impair interf
ahnu n env manner whatever with existing pre-
nter,. lion rights And propided, further. That all
or by sons who may have filed dtheir applications
Ter by pre.empiion right prior to the passage OF