The Opelousas journal. [volume] (Opelousas, La.) 1868-1878, 1871-04-15
Laws of the State Of Louisiana,
PUBLISHED BY AUTHORITY.
No. S7.
AN ACT

CEJllDS DC oC IL SifoS'S~ ~ 'N-o
Senate ard House of Representatives of
the State of Louisiana in general assembly
convened, That any person who is the head
ofa family, or who has arrived at the age
of twenty-one years, and is citizen OF
| this State, shall, from and after the pas
| sage of this act, be entitled to enter: one
quarter section, or les quantity, OF un
appropriated public lands of the State, up
| on which said person may have fled pre-
emption cl i'm. or which may, at the time
of making the application, be subject to
pre-eh ption, to be located in body, II
conformity to the legal Subdivisions of the
public lands, and after the same shall have
been surveyed.
SEC. 2. Be it further enacted. etc, That
the person applying for the benefit of this
act shall, upon the application to the Re-
gister of the Land Office, make affidavit be
fore the said register, or before the clerk of
court of record, that he or she is the
head of family, or is twenty one years or
more of age, and that such application is
made for his or her exclusive use and bene-
fit, and that said entry is made for the pur-
pose of actual settlement and cultivation,
and not either directly or indirectly for the
use or benefit of any other person or Ter
sons whomsoever and upon filing said
affidavit with the register, and on payment
of the fees allowed by law, he or she shall
thercupan be permitted to enter tie guam
tity. of land specified; provided, that no pa
tent shall be issued therefor until the ex-
piration of five years from the date Of such
entry and if, at the expiration of s'ch
n within ttrn
thereafter, the person making such entry
or. if he or she be d, ad, his or her legal
heirs shall prove by two credible wit
nesses that he, she or they have resitet
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 alienatea, then, in such
case, he, she or they, if at the time y cltl-
gen of the State, shall be entitled to pat
ent and provided further, that in case OF
the death of both father and mother, lea =
an infant child or chill 'ren under tweniy-
one years of age, the right and fee shall en-
ure t, the benefit Of said infant child or
children; and the executor, administrator
or guardian may at any time within TWO
years Ait6T luG uSdtH vi Su' fe'i
ent NJ d in accordance with the laws Of the
State, sell snid land for the benefit OF said
infants, but for no other purpose; and the
purchasers shall acquire the absolute title
by the ,tirchase, and be entitled to pat
ent from the State, on payment OF the OF
flee fees and the price of the land as fixed
by law
SEC. 8. Bel further enacted, etc., hat
the Register of the Land 0lfirt shall note
all such applications on thr tract books and
plats of his office, and keep q register OF
all such entries, and make return thereof
together with the proof upon which
they have been founded.
SEC 4. Be it furthrr enacted, etc, That
no lands acquired under the provl-ions of
this act shall in any event become liable
| to the satisfaction of any debt or debts con
tracted prior to the issuing Of the lpatentl
| therefor.
SEC. s. Be it further enacted, etc, That
I if Mt any time after the fling Of the aftida,
Wit, as required by the second section OF
this act. and before the expiration of the
| Ave wears aforesaid, it shall be proven, af-
Ter due notice to the settler, to the salts
faction Of the Register of the Land Office,
that the person having filed such affidavit
| shall have actually changed his or her res
idence. or abandoned the SAID land for more
than six months atany time, then, and in
| that event, the land so entered shall revert
| to the State.
| SEC G. b. it further enacted, etc, That
| the Register of the Lanl Office is hereby
authorized and required to collect, for
| hearing and determing contests arising un'
der the fifth section of this ct, the follow
| ing fees, and no others, t0-wit: The sum
of five dollars for each case of contest filed,
| which shall include the issue of any and all
processes or notices to the defendant and
| the examination on the day Of trial. and in
addition thereto, twenty cents for each folio
page af evidence reduced to writing by said
register on the trial. said fees to be paid by the
person o. persons bringing the complaint.
The register is furthermore authorized and
required to collect the sum Of two dollars
and fifty cents for each continuation Of
| case Of contest under said section, the
same to be paid by the party at whose in
stance such continuation is granted all
said fees to be paid into the State treasury
in like manner rs provided by law for 9TH
er fees of the land office.
Src. z. Be ii further enacted, etc, That
no individual shall be permitted to acquire
title to more than one quarter section an.
der the provisions Of this act; provided.
that nothing in this act shall be so construed
MS to impair or interfere in any manner
whatever with existing pre- emption rights.
and that all persons who may have filed
| their application for prescription right
prior to the passage of this act shall be
entitled to all the privileges Of this ACT.
SEC. s. Be it further enacted, etc, That
nothing in this act shall beso construed as 70
prevent any person who has avaiied himself
| Or herself Of the benefits of the Rrst sec
tion of this act from paying The minimum
price, or the pricesto which he. same may
have graduated. for the quantity ofland 50
entered at any time before the expiration OF
| the five years, and obtaining patent there's
for from the State, as in ether csses pros
vided by law, on maxim proof of settle
ment and cultivation MS provided by exist
ing laws granting pre- emption rights.
SEc 8. Be ii further enacted, etc, That
all laws or parts of laws Inconsistent with
the provisions IF this ast Be AMI the sam
are hereby repealed
Sic. 10 Be ii further enacted, etc. That
this oct shall take efErct from and after its
passage
lSigned) GEO. w GARTER, q
Speaker of the House of Representatives.
fSignetl) OSCAR j. DUNN,
Lieutenant Governor and President Of the
-Senate.
Approved February d, 1871.
Signed H. 10. WARA0TH.