The Potter journal. [volume] (Coudersport, Pa.) 1857-1872, 1862-05-28
The Homestead Bill.

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 provide
Bounty for Soldiers in lieu of Grants of
the Public Lands.
Be 1t 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 family,
or who has arrived at the age of twenty
one years, a. Is a citizen of the United
States, or who shall have filed his declar
atinn OF intenticn to become such, as re-
quired by the naturalization laws of the
United States, and who has never borne
arms against the United States Govern
ment, or given aid and comfort to its Ell
emies, shall, from aud after the lst of
January, 1868, be entitled to one quarter
section, or less quantity, of unapproprl-
ated public lands, upon which said per
son may have filed pre- empron claim,
or winch may, at the time tie application
is made, be sui ject to pre-emptlon al
81 Is, or less, per acre or eighty acres
or less OF such unapDrnDrlated lands DIT
s. 80 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: ProUidetl, That any
person owning and residing on laud may,
under the provisions of this act, enter
other land lying contiguous to his or her
said land, which shall not, with the land
so already owned and occupied, exceed in
the aggregate 100 acres.
SECTION ?. Andb be uyHrther eaocted,
That the person Applying for the beneht
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 Re-
ceiver that he or she l. the head of fam-
ily, 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 Govern
ment of the United States. or given a'd
aud comfort to its enemies. and tnat such
application is made for his or her exclu-
slve use and benefit, and that said entry
is made for the purpose of actual settle
ment aud cultivation, and not either dl
rectly or indirectly for the use or benefit
of anv ether person or persons whomso,
ever; and uPon filing the said affidavit
with the Register or Receiver, and on
pavmeut of $40, he or she shall there
upon be permitted to enter the quantity
of land specified Prooided, hoWecer,
That no certificate shall be given or pat
ent issued therefor until the expiration of
five years from the date of such entry
aud if, at the expiration of sIch time, or
at any time within two years thereafter,
the person making such entry-or if he
be dead, bis widow; or in case OF her
death, his heirs or devisee or IN case OF
a widew making such entry, her heirs or
devisee, in case Of her death shall prove
by two credible witnesses that he, she. or
they nave resided upon or culti' ated the
same for the term of five wears Immediately
succeeding the time Of Giug the affidavit
aforesaid, aud SlsaU make ofidnOH that
no part Of said idnd has been otieHated,
and that he has borne 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 a patent, as IN other
cases provided for by law And pro05ded,
l further, That in case of the death of both
father aud mpther, leaving an infant child,
or children, under twenty one years of aye,
the right and fee shall enure to the bene-
fit of said infant child or Children and
the executor, adminis, rator. or guardian,
may, 1T 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 lands for the
benefit of said infants, but for no other
purpose and the purchaser shall acquire
the absolute title by the purchase, aud be
entitled to patent from the Unltrd
States, on payment of the Office fees and
sum of money herein specified.
SEC, 3 And be 1t further enacted, That
the Register of the Land Office shall note
all such applications on the tract books
and plats of his Office, aud keep a regis
ter of all such entries, and make return
thereof to the General Land Office, to.
gether with the proof upon which they
Lave been founded
Sec 4. And belt further enacted, That
no lands acquired under the provisions
of this act shall in any event become liza
bic to the satisfaction of any debt OF
) debts contracted prior to the issuing OF
the patent therefor
SEC 5 And be 1t further enacted, That
if, at any time after the filing of the atfi
davit, as required in the first section OF