New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-07-26
Approved April ?, 1872.
GENERAL NATuRE-No. 39.l

An act to enable honorably discharged
soldiers and sailors, their widows and
orphan children, to acquire hOmesteads
on the public lands of the United States.
Be it enacted by the Senate and House
of Representatives of the United States
Of America, in Congress assembled,
That every private soldier and Of
ficer who has served in the army
of the United States during the
and who was hOnOrably discharged, and
has remained loyal to the government, in
Guiding the troops mustered into the ser
vice of the United States by virtue of the
third section of an act entitled IAN act
making appropriations for completing the
detcnses of Washington, and for other pur-
pOses" approved February thirteenth,
eighteen hundred and sixty-twO, and every
seaman, marine, and officer who has served
in the navy Of the United States, or in the
marine corps, during the rebellion, for
ninety days, and who was hOnorably dis
charged, and has remained loyal to the gov
eminent, SHALL on compliance with the pro
visions of an act entitled "An act to secure
homesteads to actual settlers on the public
domain" and the acts amendatOry thereof,
a5 hereinafter modified, be entitled to enter
upon and receive patents for q quantity Of
public lands mot mineral) net exceeding
one hundred and sixty acres, or e-quarter
section, to be taken i'll compact form ac-
cOrding to legal subdivisions, including
the alternate reserved sections Of public
lands along the line of any railroad
or other public work, not otherwise re-
served or appropriated, and other lands
subject to entry under the homestead laws
of the United States; provided, that said
homestead settler shall be allowed SIX
months after locating his homestead within
which to commence his settlement and i'm
.. I IL ,1ag GH,,A
time which the homestead settler shall have
served in the army, navy, or marine corps
aforesaid shall be 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 de-
Quoted from the time heretofore required to
perfect title, without reference to the length
of time he may have served; provided,
however, that no patent shall issue to any
homestead settler who has not resided upon,
improved, and cultivated his said home
stead for period of at least one year after
he shall commence his Improvements as
aforesaid.
SEC 2. That any person entitled under
the provisions of the foregoing section to
enter homestead who may have heretofore
entered under the homestead laws guam
THY of land less than one hundred and sixty
acres shall be permitted to enter under the
provisions Of this act so much land as, when
added to the quantity previously entered,
shall not exceed one hundred and sixty
acres.
SEC. 3. That in case Of the death of any
person who would be entitled to homestead
under tie provisions of the first section Of
this act his widow, if unmarried, or IN case
of her death or marriage, then his mInOv
orphan children, by guardian duly APP
pointed and officially accredited at the De-
partinent of the Interior, shall be entitled
to ali the benefits enumerated in this act,
subject to all the provisions as to settle
ment and improve .snts therein contained;
provided. that ii such person died during
his term OF enlistment, the whole term Of his
enlistment shall be deducted from the time
heretofore required to perfect the title.
SEC. 4. That where q party at the date Of
his entry Of a tract OF lana Indet Ine nome
stead laws or subsequently thereto, was
actually enlisted and employed in the army
or navy Of the United States. { services
therein shall in the administration OF safd
homestead law, be construed to be eqriiva-
lent. to all intents and purposes, to a resi-
dence for the same length OF time upon the
tracr so entered: provided, that if his entry
has been Cancelled by reason Of his absence
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
provided further, that If such tract has
been disposed Of, said party may enter
another tract subject to entry under
said laws: and his right to a patent
therefor Shall be determined " the proofs
touching his residence and cultivation of
tie first tract, and his absence slerelrUn 20
such serv ice.
SEC D. That any soldier, sailor. marine,
officer. o. OtheI person coming within the
provisions Ct this act may, as well by an
agent az in person, enter upon said homo
stead: provided, that said claimant Ia prr
son shall. within She time prescribed, com
mence settlements and improvements ol
the same, and thereafter fulfil ali the r.-
qumement- OF this act.
SEC. s. That the Commissioner Of f.e
General Land Office shall have autheri 10
make all needful rules aud regulations T."
carry into effect the provisions Of this &ou.
Approved April 4, 1872