Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1865-01-05
Approved March 81, 1864
IPUBLIC-No %
AN ACT amendatory Of the homestsa

AN ACT amerdatory of the homestead law, and
for other purposea
Be II enacted by the Senate and House Of Repre-
seHattUes Of the United States Of America in Con-
greSS assembled
That in case of any person DESTROYS OF awaiting
himself of the benefits of the homestead act Of
tive tieth Of May, eighteen hundred and sixty
two, but who, by reason of active service in the
military or naval service of the United States
is unable to do the personal preliminary acts at
the district land Office which the said act of the
twentieth 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 bOnafide improve
ment and settlement have been made, It shall
and may be lawful for such person TO make the
affidavit required by said &C: before the othC I
commanding in the branch Of the service in
which the party may be engaged, which affidI-
Wit shall be rs binding in law, and with like PEN
aties, as If taken before the regi ter or receiver
and upen such affidavit being filed with the
register by the wife or other representative of
'he party, the same shall become effective from
tho date of suoA fling provided the SAID appi-
cation and affidavit are aceomp aniei by the fee
and commissions, as required by law,
Sec p And be Il FURTHER enacted, That,
besides tae ten dollar fee exactef BY the said
act, ne 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
issued as the basis OF q patent,
Sec, 8. And be ID further enacted, That in
any case hereafter in which the applicant for the
benefit Of the homestead and whose family, or
some member Thereof, IS residing on the land
VIII ch he desires 20 enter, and upon which bo-
nahte improvement aud settlement have hem
made, Is prevented, by reason OF distance, bod.
ly intirmIty, or ether good cause, from personal
attendau0. 1T the district land office It shall and
may he lawful for am to make the affidavit re-
CURED by the original st tle before the clerk Of
the court for the county IN Wh Oh the applicant
is an actual resident, and to transmit the same,
with the fee and commissions to the register and
receiver.
Sec. 4. and b. 1t figrtber enacted, That IN
lieu cf the fee allowed by the tFelfth section Of
the pre-en ption act q fourth septem hsE,otsst'
Ceiver Shall each be entitled TO one dollar for
their services in acting upon pre-emption clalm',
and shall be allowed, jointly, at the rate CT fit
teen cents per hundred words for the testimony
which may be reduced by them 10 writing for
claimants, IN establishing presumption or home
stead rights, the regulations Tor giving proper
effect to the provisions of this act to be pre-
scribed by the Commissioner Of the General Land
Office
See 5. Ind be ii further enacted, That
where a pre.emptor has taken the ini'iatory
steps required by existing laws in regard TO &C
tual settlement, and is called away from such
settlement BY being actually engaged in the mill
tary or naval service of the United States, and
by reason of such absence is unable to appear al
the district land Office to make, bef,re the reg =
tey o. receiver the afidavts required by the
thirteenth section OF the pre- emptlon act Of
fourth September, eighteen hundred and forty
one, the time for Il ing such affidavit ana making
final proof and entry of location shall be extend
ed months after the expiration of his term o.
service, upon satisfactory proof by affidavit OF
the testimony OF witnesses, that the said pre-.
emp or is In the service. being fl ed with tbs
register in the land office for the district in which
3 settlement made
registers and eivers in the State of Califor-
MIA. in the State of Oregon, and in the Terrific
ries Of Washington, Nevada, Colorado, Idaho
New Mckee ana Arizona, shall be entitled tC
collect and receive, in addition to the fees and
allowances provided by this act fifty per centuu
of said fees and allowances compensate u tol
their services; Provided, That the salary anC
fees allowed any register or receiver shall Of
exceed IN the aggregate the sum of three thou
sand dollars
| Approved March 81, 1864.