The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1866-11-02
oFFICIAL.
LAWS OF THE UNITED STATES,
Passed at the FIRST Session Of the Tbirty-NiaH
Congress.
TPCBLIC--No. rs.

AN ACT for the disposal of the public lands
for homestead actual settlement in the
States of Alabama, Mississippi, Louisiana,
Arkansas and Florida.
Be Il enacted bg the Senate and House Of
Representatives Of the United States Of 1meT'cd
in Congress assembled, That, from and after
the passage of this act, all the public lands
in the States of Alabama, Mississippi, Lou
isiana, Arkansas and Florida shall be dis
posed of according to the stipulatiOns of the
homestead law of twentieth May, eighteen
hundred and sixty-twO entitled AN act to
secure homeSteads to actual settlers ON the
public domain" and the act supplemental
thereto, approved twenty-trst of March,
eighteen hundred and siXty-four, but with
this restriction, that until the expiration of
two years from and after the passage of this
act, no entry shall be made for more than
half-quarter section, or eighty acres and IN
lieu of the sum of ten dollars required to be
paid by the second section of said act, there
shall be paid the sum of five dollars at the
time of the issue of each patent; and that
the public lands in said States shall be dis
posed of in no other manner after the pas
sage of this act Provided, That no dis
tinctiOn OF discrimination shall be made in
the construction or execution of this act on
account of race or color: And provided
further, That no mineral lands shall be IL
able to entry and settlement under its pro-
visions.
SEC. ?. Ind be 1t further enacted, That sec
ton second of the above cited homestead
law, entitled IAN act to secure homesteads
to actual settlers on the public domain" ap-
proved May twentieth, eighteen hundred
and sIXty-twO be so amended as to read as
follows: 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 aft
dayit before the said Register or Receiver
that he or she is the head of a family, or is
twenty-One years more of age, or shall
have performed service III the army or navy
of the United States, and that such applica-
tion is made for his or her exclusive use and
benefit, and that said entry is made for the
purpose of actual settlement and cuItiva-
ton, and not either directly, or indirectly,
for the use or benefit of any other person or
persons WhOmsoeyer and upon filing the
said affidavit with the Register or Receiver,
and on payment of five dollars, when the en-
try Is not more than eighty acres he or she
shall thereupon be permitted to enter the
amount of land specified: Provided. how
ever, That no certificate shall be given or
patent issued therefor until the expiration
of five years from the date of such entry ;
and If, at the expiration Ofsuch time, or at
any time within two years thereafter, the
person making such entry, or if he be dead,
his widow, or, in case of her death, his heirs
or deviSee, or, in case of a widow making
such entry, her heirs OF devisee, in case of
her death, shall prove by two credible wit
ncsSes that he, she, or they have resided
upon or cultivated the same for the term of
five years Immediately succeeding the time
of filing the affidavit aforesaid, and shall
make affidavit that no part of said land has
been alienated, and that he Will bear true
allegiance to the Government of the United
States; then, in such case, he, she, or they,
1t at that time a citizen of the United States,
shall be entitled to a patent, as in other
cases provided by law: And provided
further, That in case of the death of both
father and mother, leaving an infant child
or children under twenty-One years of age,
the right and fee shall inure to the benefit
of said infant child or children; and the eX-
ecut0r, administrator, or guardian may, at
any time within two years after the death
of the surviving parent, and in accordance
with the laws of the State in which such
children, for the time being, have their DOM
icil, sell said land for the benefit of said in
fants, but for no other purpose, and the pur-
chaser shall acquire the absolute title by the
purchase, and be entitled to a patent from
the United States on the payment of office
fees and sum of money herein specified {:
Provided That until the first day of Jan
uary, eighteen hundred and sixty-seven, any
person applying for the benefit of this act
shall, IN addition to the oath hereinbefore
required, also make oath that he has not
borne arms against the United States, or
given aid and comfort to its enemies.
SEC. 3 ind be 1t further enacted, That all
the provisions of the said homestead law,
and the act amendatory thereof, approved
March twenty-irst, eighteen hundred and
slXty-four, so far as the same may be APP
plicable, except so far as the same are mod
flied by the preceding sections of this act,
are applied to and made part of this act as
fully as II herein enacted and set forth.
Approved June 21 1866.