, 1862-05-23
The Homestead Hill.

AAN K1VkNQ8AEA&A kAA4AH
The following Is a correct copy Of the
Homestead b1l as passed By both houses of
Congress, and signed by the President:
AN ACT to secsre Honaesfeads to 4ctual Sd
tiers an The Public Donasz; and to prousd. a
.Botsxty for Soldiers IN leu Of grants Of the
Public Lasads !;
Of the United States Of Ameri-
cA in Congress assembled: That any person
who is the head of family, or who has az
I'd at the age Of twenty-one years, and is a
Cat;vsn ~ the United States: or who shall haYe
lied f his ~ declaration of intention to become
such, rs required by the naturalization laws Of
the United States, and who has never borne
arms against the United States. Gov
ernment, or gtren aid and GO comfort ea - g IL It's
uary, 1868, be entitled to enter one quarter
section. or y less quantity, Of unapproprfated
public lands, upon which said person my have
4led 3 prer rempton cla1m, or which may at the
time tie application Is made, be subject to
faiehtV acres or less of such unappropriated
la6dg, at $2.5e Per acre, to be located IN
body, In conformity to the legal Subdivisions
of the public lands, and after the sane shall
hare been surveyed: Ffovsdad, That any per-
son owning and residing on land may. under
the provisions Of this act, enter other land y
-~--~s
shall not, with the land SO already owned and
occupied. exceed In the aggregate 1850 acres
sEf,. 81 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
said Register OF Receiver, that he or she Is the
bead Of 3 family, OF is twenty-one years or
more Of age, or shall hare performed service
in the amy of the United States, and that he
has never borne arms against the Government
Of the United States, or given aid and comfort
made for bis OF her exclusive use and benefit,
and tha4 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
scorer; and upon fling the said affidavit with
thcReg1ster orRccelveT, and on payment Of $40,
he Or she shall thereupon be Permitted to en-
terthe quantity ofland specified: Provided, ,ao1-
cne7, 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 nh
king such entIg-or If he be dead, his widow
or in case of her death, his heirs OF devisee;
or in case Of widow making such entry, her
heirs or devisee, in case Of her death-shau
prove by Two crcditable Witnesses that he, she,
Or they, have resided upon or cultivated the
same for the term Of five years Immediately
succeeding the time Of fling the affidavit
Of said zassd has been d};enatod. and that he has
borne true allegiance to the Gope97xnezt Of the
United States; then, in such case, he,
she, or they. if at that time q citizen
Of the United S!ates, shall be entitled to a
patent, as In other cases provided for By law !:
death of both father and mother, leaving an
infant child, OF children, under twenty-one
years of age, tie right and fee shall enure to
the benefit of said infant child or children
and the executor, administrator. or guardian
may, at any time within two years after the
ance With the laws Of the State in which suc1
children for the time being have their domici]
sell eaid land for the benefit Of said infants
but for no other purpose; and the purchase
shan acquire the absolute title BY the pur
chase, and be entitled to patent from th'
United StRtes, on payment Of the office fee
and sum Of money erein specified.
SEC. 5. Aszd be 1t further enacted, That tha
Register Of the Land Office shall note all suc1
applications on the tract books and plats O
his office, and keep register Of all such en-
tries and make return thereof to the Genera
Land Office, together With the proof upo'
SEC 4 And be It further enacted, That n,
lands acquired under the provisions Of this &C
shall in any event become liable to the salts
faction OF any debt or debts contracted prio
to the issuing Of the patent therefor.
SEC. S. Asad be it further enacted, That II, a
any time after the filing Of the affidavit, as r.
qaired in the section Of this act, and befor
the expiration Of the five years aforesaid,
shall be proven, after due notice to the settler
to the satisfaction Of the Register of the Ian
Office, that the person having filed such aft
davit shall have actually changed his or he
residence, or abandoned the said land, sha
have ceased to occupy said land for more tha
ak months at any time. then and in that even
the land 60 entered shall revert to the Go1
erDmtnt.
SEC g. And be it further enacted, That N
individual shall be permitted to acquire It'll
to more than oue-quarter section under th
provisions Of this act; and that the Commi
sioner Of The General Land Office is hereb
required to prepare and issue euch rules an
regulations, Consistent with this act, as sha
be necessary and proper to carry its provi
ions Into effect; and that the registers ar
SVe gsm e ea,as Of ths ta ssve esava ad d. oe
compensation for any lands entered u
der the protection. Of this act that they 2
nov entitled to receive when the same quail
of land is entered with money, one-1aF to
PAID hy the person making tue application
the issue Of the certificate by the person
whom it may be issued; but this shall n
be construed to enlarge the nlAximu
Of compensation now prescribed by Ia
for any register OF receiver: Prouided, Til
nothing contained IN this act shall be so co
strned SIS to impair OF interfere In any manu-
whatever With existing presumption right
Ind proridtd, further, That all persons ri
may have filed their applications for pl
emption right prior to the passage Of this a
shall be entitled to all the privileges OF Il
set. Eusaded, further, That no person "
has served. OF may hereafter serve, for q pc
Cd Of not less than IA days in the army
navy Of the United States, either regular
volunteer, under the laws thereof, during t
existence Of an actual war, domestic Of II
eign, shall be deprived Of the benefits Of Il
act on account of not having attained the q
Of 81 years.
Sec. :. A,ad be It further enacted, That t
fifth section Of the act entitled ss An act in;
dttion to an act more effectnally to provide
the punishment Of certain crimes against t
United States, apd-for other purposes"
proved the Sd OF March, In the year 1857. st
extend to all oaths, affirnations and affidavit
= require or an' horjzet By this act.
SEC. g. And Be It further enacted, That no
ing In this act shall be SO construed as to p
. rent apy person who has ayai1ed him or herr
Of the benefit Of the first section of this
from paying the minimum price, or the ps
to which the same may have graduated, for
quantity of land 50 entered at any time bef
the expiration Of the five years, and obtain
apa&ent therefor from the Government, as
other eases provided By Law, On making pr
nf RHft}arnent and rr.1ffvs ,,~avf1atd