Prescott journal. [volume] (Prescott, Wis.) 1861-1871, 1862-06-11
The Homestead Bill.

The following is a correct copy Of the
Homestead Bill, as passed by both
Houses Of Congress, aud signed by the
Prcsident:-
AN ACT 10 secure Fomesieads TO Actual
S'c.tcrs IL the Public Domain; and to pro.
vide bounty for Soldiers in lieu Of grants
of the Public Lands.
BE 1t enacted hy the Senate md
House Of Representatives of tue United
States Of America, in Congress assem-
bIed: That any person who is the head
of a family, or who has arrived at the
nge of twenty-one wears, and is citizen
Of the United States, or who shall have
filed his declaration of intention to be-
come such, rs required by the naturali-
cation laws of the United States, and
who has never borne arms against the
United States Government, or given aid
and comfort to It's enemies, shall, from
and after the 1st of January, 1868, be
entitled to enter one quarter section, or
less quantity, of unappropFiated public
lands, upon which said person may have
filed q pre- emptiou claim, or which may,
ut the time the application is made, be
subject to presumption at 81 %, or less,
per acre; or eighty acres or less Of such
unappropriated lands, at 81 so per acre,
10 be located in body in conformity TO
the legal subdivisions of the public lands.
and after the same shall have been sur
veyed: Provided, That any person own
ing and residing on land may, under the
provisions of this act, enter other land
lying contiguous to his or her said lands,
which shall not, with the land so already
owned and occupied, exceed in the aggre
gate loo acres.
SEC 2. 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 Re-
ceiver, that he or she is the head of Il
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 the United States, or
given aid aud comfort to its enemies, and
that such application is made for bis or
her exclusive use and benefit, and that
said entry is made for the purpose of &C
tual settlement and cultivation, and not
either directly or indirectly for The use or
benefit Of any other person or persons
whomsoever; and upon fling the said
affidavit with the Register or Receiver,
and on payment Of $40. he or she shall
thercupon he permitted TO enter the
quantity of land specified: Provided,
however, That no certificate shall be
given or patent issued therefor until the
expiration OF five years from the date OF
such entry; AMI II, ut the expiration Of
sucii time, or at any time within two
years thereafter the person making such
entry; or if lie be dead, his widow; or
in case Of her death, his heirs or deyisee
or in case Of a widow making such en-
try. her heirs or deviste, in case Of her
death, shall prove bv two creditaL e
witnesses that he, she, or they, have rc-
sided upon or cultivated the same for the
term Of five years Immediately succeed.
ing the time Of fling tho affidavit afore.
SAID, aud shall make affidavit that nc
part of said land has been alionated, and
that he has borne true allegiance Of the
Government of the United States; then
in such case. he, she, or thew, if at that
timo q citizen of the United States, shall
he entitled to patent, rs in other case:
provided fer by law: And provided
further, That in case of the death o.
both father and mother, leaving an infant
child or children, under twenty-one year:
of nge. the right and fee shall enure tc
the benefit of SAID infant child or chill
dren; and the executor or administrator
may, Mt anv time within two years after
the deatb OF the surviving parent, and ii
accordance with the laws Of the state II
which such children for the time being
have their domicil, sell said land for the
benefit Of said infants, but for no other
purpose; and the purchaser shall acquire
the absolute title by the purchase, and
he entitled to patent from the United
States. on payment of the office fees and
sum of money herein specified.
SEC. 8. 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 entries, and
make return thereof to the Genera
Land Office, together with the proc
un.n which they have been founded.
SEC. 4. And be it further enacted
That no lands acquired under The provi
sions IF this act shall in any event be
come linble to the satisfaction of any deb
- 3s5te contracted prior to the issuing
Z ,4a patent therefor