Evening star. [volume] (Washington, D.C.) 1854-1972, 1872-04-18
OFFICIAL.
LAWS OF The UNITED STATES,
Passed at the Second Session of the
Forty-Second Congress.

GENERAL NATrRE-No. 39.1
An ACT to enable honorably discharged soldiers
and sailors, their widows and orphan chill
dren, TO acquire hOmesteads on the public
lands of the United States.
BE a. ehocted " the Senate and House Of Repre-
ssHtotires Of TIE United States Of America in Cox
press assembled, That every private soldier aud
officer who has served in the army of the United
States during the recent rebellion for ninety
DAYS, or more, and who was honorably dis
charged, and has remained loyal to the govern
mt Mt, including the troops mustered into the
service of the United States by virtue of the
third section OF an act entitled San act making
appropriations for completing the defenses of
Washington, and for other purposes" approved
February thirteenth, eighteen. hundred AMI
siSty-two, and every seaman, marine, and Off
Ger who has served i'm the navy of the United
States, or IN the marine corps, during the rebel
lion. for ninety days, and who was hOnorably
discharged, and has remained loyal TO the gov
err ment, snail, on compliance with the provis-
Hons OF An act entitled IAN act to secure home
steaGS TO actual settlers on the public domain ~
ana me acts amendatOry thereof, as hereinafter
modlheO. be entitled TO enier upon and re-
Ceive patents for a quantity of public lands
(rOt mlneraD rot exceeding one hundred
anu sixty acres. or one quarter-sectiOn, to be
taken In compact form according to legal subdi-
visions, including the alternate reserved ections
Of public lands along the line of any railroad or
othtr pubhc work, not otherwise reserved or
appropriated. and other lands subject to entry
under the homestead laws OF the United States:
Prorjdsd I hat said homestead settler shall be
allowed six months after locating his HON estead
Improvement: And pTOrided also, That the time
which the homestead settler shall have served in
the army, navy, or marine corps aforesaid shall
he deducted from the time heretofore required
to perfect title, or if discharged on account of
wounds received, or disability incurred in the
line of duty. then the term of enlistment shall
be deducted from the time here Sofore required
to perfect title, without reference to the length
OF time he may have served: Provided. h0lcerer
That no patent shall Issue to any HON sstead
settler Who has not resided upon. improved, and
sol for "A f.f..t
least one year after he shall commence his i'm
provement as aforesaid.
SEC. 2. That any person entitled under the
provisions OF the foregoing section to enter a
homestead, who may have heretofore entered
under the homestead laws a quantity of land
less than one hundred and sixty acres, shall be
permitted TO enter under the provisions of this
act 30 much land as, when added to the quantity
previously entered, shall not exceed one hundred
and sixty acres.
SEC. 5. That in case OF the death of any per-
son who would be entitled to homestead under
the provisions of the first section OF this act his
widow, If unmarried, or in case of her death or
marriage, then his minor orphan children, by a
guardian duly appointed and officially accredt-
cd at the Department of the Interior, shall be
entitled to all the benefits enumerated i'm this
act subject to all the provisions as to settlement
and Improvements therein contained: Prorided
That il such person died during this term of en-
listment, the whole term OF his enlistment shall
be deducted from the time heretofore required to
perfect the title.
SEC 4. That where a party at the date of his
entry OF tract of land under the homestead
laws, or subsequently thereto, was actually en-
listed or employed in the army or navy of the
United States, his services therein shall. in the
administration Of said homestead law, be con-
strued to be equivalent, to all intents and pur-
poses, TO a residence for the same length of time
upon the tract SO entered: PrOUidei, That If his
entry has been cancelled by reason of his alb
>ence from said tract while in the military or
naval service of the United States, and such
tract has not been disposed of, his entry shall
be restored and confirmed: And yroridsd further
That il such tract has been disposed of, said
parry may enter another tract subject to entry
under said laws; and his right to a patent there
Tor shall be determined by the proofs touching
his residence and cultivation of the first tract
and his absence therefrom in such service.
SIC D. That any soldier, sailor, marine, Off
Ger, or other person coming within the proyis-
ions of this act NAV, as well by an agent AS in
peIsCn,-enter upon said homestead: ProciRsd,
That said claimant in person shall within the
time prescribed, commence settlements and i'm
proyement@ on the same, and thereafter fulfill
all the requirements OF this act.
SEC. 6. That III. Commissioner of the General
Land Office shall have authority 70 make all
needful rules and regulations to carry into effect
the provisions OF this act.
Approved April 1. 1872.