Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1864-05-02
THE EVENING NEWS.
SUPPLEMENT
UNITED STATES HOMESTEAD
LAW,

The following is an official copy Of this
law passed at the first session Of the Thirty
eighth Congress and forwarded by the cor
respondent ofthe Sacramento Union at Wash
ington:
An Ac. umendatOry of the Homestead
Law and for other purpOsr-.s
Be it enacted, BY the Senate and House OF
Representatives of the United States of Ame-
RIGA in Congress Assembled, That in case of
any person DESTROYS Of availing himself OF
the benefits of the Homestead Act of twen-
tieth Of May, eighteen hundred and sixty
two, but who, by reason OF actual service i'll
the military or naval service Of the United
States, is unable to do the personal prclimi-
nary acts at the District Land Offices which
the said Act Of twentieth May, eighteen hun
dred and siXty-two requires, and whose faml-
IL, or some members thereof, is residing on
the land which he desires to enter, and upon
which bona tide improvement and settle
ment have been made, it shall and may be
lawful for such person to make the affidavit
required bv said Act before the officer COM
handing in the branch of the service in
which the party may be engaged, which atti-
dayit shall be as binding in law, and with
like penalties, as il taken before the Regis
ter or Receiver; and upon such affidavit be-
ing filed with the Register by the wife or
other representative of the party, the same
shall become effective from the date of such
filing, provided the said application and atii-
davit are accompanied BY the fee and conf
missions as required by law.
Sec. 2. And be it further enacted, That,
besides the ten-dolar fee eXacted by the said
Act, the homestead applicant shall hereafter
pay to the Register and Receiver each, as
commissions, at the time of entry, one per
centum upon the cash price as fixed by law
Of the land applied for, and like commissions
when the claim is finally established and
the certificate therefor issued as the basis Of
a patent.
Sec. 3. And be it further enected, That in
any case hereafter in which the applicant for
the benefit OF the homestead, and whose fam
ily, or some member thereof, is residing on
the land which he desires to enter, and upon
which bona tide improvement and settle
ment have been made, is prevented, by rca-
son of distance, bodily intirmity, or other
good cause, from personal attendance at the
District Land Office, il shall and may be law
full for him TO make affidavit required BY the
original statute before the clerk of the Court
for the county in which the applicant is an
actual resident, and to transmit the same,
with the fee and commissions, TO the Regis
ter and Receiver.
Sec. 1. And be it further enacted, That in
lieu of the fec allowed by the twelfth section
Of the Presumption Act Of 4th September,
1871, the Register and Receiver shall each
be entitled to the dollar for their services in
acting upon pre-emption claims, and shall be
allowed, jointly, at the rate Of fifteen cents
per hundred words for the testimony which
may be reduced by them to writing for claim
ants, in establishing presumption or home
stead rights, the regulations for giving pro-
per effect to the provisions Of this Act 10 be
prescribed by the Commissioner Of the Gene
raj Land Office.
Sec. ). And be il further enacted, That
where a pre-emptor has taken the iuitiatOry
steps required by existing laws in regard 10
actual settlement, and is called away from
such settlement by being actually engaged in
the military or naval service OF the United
States, and by reason of such absence is MA
able to appear at the District Land Office TO
make before the Register or Receiver the
atfidavits required by the thirteenth section
of the Presumption Act of September !, ISL,
the time for filing such affidavit and making
final prOof and entry or location shall be eN
tended six months after the expiration Of his
term Of service, upon satisfactory proof By
affidavit {, the testimony OF witnesses that
the said prc-cmptOr is so in the service bcnS
filed with the Register of the Land Office for
the district in which his settlement is made.
Sec. 6. And be it further enacted, That the
Registers and Receivers in the State Of Cali
fornia, in the State Of Oregon, and in the
Territories of Washington, Nevada, Colo.
RADIO, Idaho, New Mexico and Arizona, shall
be emitted TO collect and receive, in addition
to the fees and allowances provided by this
Act, fifty per cent. Of said fees and allow
ances as compensation for their services :;
provided that the salary and fees allowed any
Register or Receiver shall not exceed in the
aggregate the sum OF $4,000 per annum.
Approved March 2l, 1864.