Delaware State journal and statesman., 1864-04-01

grsss assembled That in case of any person desir-
GUS Of ayailing himself Of the benefits Of the
homestead act of twentieth Of May, eighteen
hundred and sixty two. but who, by reason Of
actual service in the military or naval service OF
tho United States, is unable to do the personal
preliminary acts at the district land Office which
the said act OF taentieth May, eighteen hundred
and sixty.two, requires, and whose family, or
some member thereof, is residing on the land
which he desires to enter, and upon which
bona hde Improvement and settlement bave been
madO, il shall and may be lawful for snch person
to make the affidavit required by said act before
the officer commanding in the branch of the ser
vice in which the parly may be engaged, which
affidavit shall he on binding in law, and with
like penalties, as ii taken before the register or
receiver and upon such affidavit being filed
with the register by the wife or other represen-
tative of the party, the same shall become eiIeO.
tive from the date of such filing, provided the
said application and affidavit are accompanied by
the fee and commissions, as required by law.
Sec 2. Andbe IL fHrther enacted, That, besides
the ten-dOlar fee exaoted 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
eatab blished and the certificate therefor issued as
the basis Of q patent.
Sec q. Aad be IL purifier enacted, That in any
case hereafter in which the applicant for the
benefit of the homestead aud whose family, or
some member thereof, is residing on the land
which he desires to enter, aud upon which o
bona fide Improvement and settlement have been
made, is prevented, by reason of distance, bodily
intrmity, or other good cause, from personal vt
tendance at the district land office, it shall and
may be lawful for him to make the affidavit re
al nfu kafar he oia nf
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 register
aRd receiver.
Sec. 4. and be il further enacted, That in lieu
OF the fee allowed by the twelfth section of the
presumption act of fourth September, eighteen
hundred and forty'one, the register and receiver
shall each be entitled 10 one dollar for their SER
vices In acting upon pre- emption claims, and
shall be allowed, jointly, at tue rate of fifteen
cents per hundred words for the testimony which
may be reduced by them to writing for claimants,
in establishing presumption or homestead rights,
the regulations for giving proper effect TO the
provisions Of this act to be prescribed by the
Commissioner Of the General Land Office
Sec. o. And BE Il FURTHER enaefed, That where
a pre-emptor has taken the initlatory steps re-
quircd by existing laws in regard to actual set
tlement, and is called away from such settlement
~ peihB hobuhiiJ enBhBeu IN the military OF
naval service of the United States, and by reason
of such absence is unable to appear at the dis
trict land office, 10 make, before the register or
receiver, the afidavis required by the thirteenth
section Of the presumption act of fourth Septem
bsr, eighteen hundred and forty.one, the time
for filing such affidavit and making iinal proof
and entry or location shall be extended sx
months after the expiration of his term Of ser
vice, upon satisfactory proof by affidavit, or the
testimony Of witnesses, that the said pre- emptor
is so in the service, being filed with the register
OF the land office for the district in which his
settlement is made.
Sec 6 AHa be il further enacted, That the re-
gisters and receivers in the State of California,
in the State of Oregon and in the Territories of
Washington, Nevada, Colorado, Idaho, New
Mexico, and Arizona, shall he entitled to collect
and receive in addition to the fees and Allowan-
ces provided by this act, fifty per oentum of said
fees and allowances as compensation for their
services PROVIDED, That the salary and fees al
lowed any register or receiver shall not exceed in
the aggregate the sum Of three Thousand dollars
per annum
Approved March 81, 1864