New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-03-17
LAWS Of THE STATE Of LOUISIANA.
PUBLISHED BY AUTHORITY.
~ @. - .
AN ACT

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the pubic lands of the State.
SECTION |. BE il enacted by the Senate
and House of Representatives Of the State
II Louisiana i'll general assembly convened,
That any person who is the head of a family.
or who has arrived at the age of twenty-one
years. and is a citizen Of this State, shall,
from and after the passage of this act. be
entitled TO enter onc-Iuarter section. or
less quantity, of unappropriatcd public
lands of tine State, upon which sad person
may have filed a pre- emption claim, or winch
may at the time of making the application.
be subject to presumption. to be located IN "a
body. in conformity To the legal Subdivisions
OF the public lands. and after the same shall
nave been Surveyed.
SEC .. BE it further enacted, etc. That
the person applying for the benefit of this
act shall. upon the application 10 the Regis
Ter Of the Land Office. make affidavit before
the said register. or before the clerk of !,
co,lrt Of record. that he or she is the head
OF Il family. or is twenty-one years or more
"taSe. and that such application l. made for
his or her exclusive Use and benefit. and
that said entry is made for the purpose OF
actual settlement and cultivation, and not
either directly or Indirectly Tor the use or
benefit of any other person OF persons
whoinsoevcr: and upon fling said affidavit
with The register and Oh payment OF the
upon be permitted to enter the quantity Of
land specified: provided, tina: 10 patent
shall! be issued therefor until the expiration
OF five years from the date ot s::ci entry:
and ii, at the expiration OF such time. or at
any time within two years thereafter. the
person milking such entry-or, II he or she
be dead his or her legal he!r:-Sllail prov"
by two credible witnesses that he. she or
th-y have resided upon or cultivated the
IL # al,
snccccdin. the time of filing the affidavit
aforesaid, and shall make affidavit ;,at no
part of said land HAS been aliena.cd, then,
in such case. he, she OF they, il at the time
il citizen of the State. shall be entitled to IA
patent: and provided further. that in ease
of the death OF both father and mother
leaving an infant c!iild or children under
twcnty-onc years Of age. the right and fee
shall inure to the benefit Of said infant child
or children; and the executor. administrator
or guardian may. at any time within two
years after the death Of the surviving
parent, and in accordance with tllS laws of
the State. sell said land for the benefit of
said infants. but tor no other purpose; and
the purchasers shall acquire the absolute
title by the purchase. and be entitled to Il
patent from the State, on payment of the
otic" fees and the price of the land as fixed
by law.
the Register OF the Land Office shall note
ali such applications on the tract books and
plats of his Office, and keep II register of all
such entries and make T. turn :hercOf--,
together with the proof upon which they
have been founded.
SEC 1. BE il further enacted. etc. That
no lands acquired under the provisions of
this act shall i'll any event become liable to
the satisfaction of any debt or debts con
Il =,
therefor.
SEC. ). BE il further enacted. etc. That
if at any time after the film. OF the ;tfida-
Wit. lis required by the second section of
This act. and before the expiration of the
five Years aforesaid. it shall be proven.
after due notice to the settler 70 the salts
faction of the Register of the Land Office.
that the person having filed such affidavit
shall have actually changed his o. her resi-
ience. or abandoned the said land for more
than six months at any time. then. and in
that event. the land 50 entered shall revert
10 the Stat"
SEC 6. BE it further enacted. etc Tia.
the Register OF the Land Otc" is hereby
authorized and required 10 collect. for
hearing and determining contests arising
nn,ler the fifth section OF this act. the fol-
lowing fees, and no others, to wit: The SIN
Of five dollars for each ease OF contest
and all processes or notices to the defend
ant and the examination Oh the day Of trial.
and in addition thereto. twenty cents
for each folio page Of evidence reduced 10
writing by said reg lister Oh the trial: SAID
fees 10 be paid by the person or persons
aringin. the complaint The register is
furthermore authorized and required TO col
lect the sum of two dollars and fifty cents
for each continuation OF ease of contest
,iai l,n hn Il l,,-
the party at whose instance S.lch con1nu-
alton Is granted; all said fe"- to be paid
into the State treasury in like manner as
provided by law for other fees o. the land
Office.
SEC. :. BE it further enacted. etc. That
no individual shall be permitted to acquire
title 10 more than one quarter section under
the provisions of this act; provided. that
nothing in this act shall he 80 construed as
to impair or interfere in any manner what
ever with existing prescription rights.
and that all persons who may have filed
their application for a presumption right
prior TO the passage Of this az; shall be en-
titled TO all the privileges of this act
SEC. 8. BE it further enacted. etc, That
nothing in this act shall be so construed as
to prevent any person who has availcd him
self or herself of the benefits of the first
section of this act from paying the mini
mum price, or the price to which the same
may have graduated, for the quantity of
land 80 entered, at any time before The ex-
piration OF the five years, and obtanin. a
patent therefor from the State. as in other
cases provided b. law, on making proof of
settlement and cultivation as provided
by exs:in. laws srantin. presumption
rights.
SEC. Q. BE il further enacted, etc. That
all laws or parts At laws inconsistent Wit!
the provisions of this act be and the same
are hereby repealed.
SEC 10. BE il further enacted, etc. That
this act shall take effect from and after its
passage.
(Signed) GEO. W. CARTER.
Speaker OF the House of Representatives.
(Signed) OSCAR J. DUNN,
Lieutenant Governor and President Of the
Senate.
Approved February d, 49,.
(Signed) II. &. WARMDTU.
Governor Of the State Of louisiana