The Smoky Hill and Republican union. [volume] (Junction City, Kan.) 1861-1864, 1862-12-27
HOuKsTRAD LAW.


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GsxxaAI LAND OrsrcE, o. 80, 1864.
GENTLEMEN Annexed is . copy of the
act of Congress approved May 20, 1862,
entitled I" An act to secure homesteads to
actual settlers on the public domain" The
privileges of this law are extended to every
nerson who is the head of family, or who
has arrived at the age of 21 years, and is
citizen of the United States, or who has de-
clared his intention Of becoming such, aud
Who ha. done no disloyal act, direct or
indirect. An exception, however, to the
foregoing requirement as to age is made in
the 9Th section Of the act, in favor Of any
nersou who has served not less than four
teen days in the Army or Navy Of the
limited States, either regular or volunteer,
during actual war, domestic or foreign.
Any person coming within the foregoing
reouirements will, from and after January
!. 1868, have the right to enter one quar-.
ter section, or q less quantity, of unappro-
pri,ted public land, upon which said person
NAV have fled pre-emption claim, or
which, at time of application, is subject to
pre.emption at sl.25 per acre ; or eighty
acres, or less, of such unappropriated lands,
at $3.50 per acre.
The law requires the land "to be located
in one body, in conformity to tie legal
subdivisions of the public lands, and after
the same shall have been surveyed"
Any person owning and residing on land
NAV enter contiguous land, which, with that
already owned and occupied, shall not ex-
ceed one hundred and sixty acres.
The applicant for the benefit of the law
Is required by the I'd section to file with
the Register his "application," which should
designate the tract desired to be entered.
He must also file his "afidavit," to be taken
before the Register or Receiver, setting
forth the facts which bring him within
the requirements of the law, and adding
that the "application is made for his or her
exclusive use and benefit, and that the said
entry is made for the purpose of actual
settlement and cultivation, aud not, either
directly or indirectly, for the use or benefit
of any other person or persons whomso-
ever"
The said I'd section of the act further
provides for the issue of patent to the
applicant after five years. settlement; also
for the succession in case of his death, and
for the sale of land for the benefit of infant
heirs, but for no other purpose.
The Sd section requires the Register to
enter all applications in the Tract Books and
Plats of his cfice; to keep register Of
entries, and make returns to this Office
with the proof. .,
The 4th section declares lands acquired
under this act not liable for debts contracted
prior to the issuing of the patent
The 5th section makes abandonment of
the land for more than six months, at any
time within the five years, cause of forfei-
ture.
The 9th section forbids the requirement
of more than one quarter section, by any
individual, under this act; protects existing
pre- emptions, repeating the provision Of
section in regard to pre-emptions, giving
them all the privileges of the act; allowing
the Registers and Receivers the same COM
pensation for lands entered under this act
which they are entitled to when the same
quantity is entered with money; one half
to be paid by the person making the appli.
cation, at the time Of so doing, and the
other half on the issue of the certificate, to
be paid by the person to whom it may be
issued, but not to enlarge the maximum
compensation now allowed by law.
The 7th section stipulates the penalay
for false swearing.
The 9Th section permits claimants to pay
for their entries at any time before the ex-
piration of five years, and obtain patents,
upon making proof of settlement and cul-
tivatiou as required by the presumption
laws.
You will accordingly be prepared, on the
LIST day of January next, to receive appii.
cations and afidayits. The Register should
test the correctness of the "application "
BY his records, being careful that the tract
applied for shall be of the class and guam
tity stipulated by the 1st section Of the act,
living in one body, aud comprising legal
subdivisions; and will then append thereto
bio certificate of its regularity.
The applicant will then be allowed to
enter the tract applied for, by paying to the
Receiver the $40 fee stipulated in the act
and the further payment, as commissions Of
Register and Receiver, of one half Of one
per cent, to each, upon the cash value of the
quantity of land applied for; the other hall
Of the one per cent, as commissions to sald
officers, not to be paid until the certificate
is issued, when the party obtaining such
certificate is to make that payment.
i The Receiver will issue Homestead Du'
plicate Receipts for each entry one to be
delivered to the applicant, the other return.
ed to this Office. A new and Independent
series of numbers to be adopted for such