Year: 1862

| AN ACT to secure homesteads to actual


settlers on the public domain, and to


provide bounty for soldiers in lieu of


grants OF the public lands.


Be it enacted by Me Senate and House
Of Representatives Of the United States Of
america in Congress assembled, That any
person who is the head Of a family, or
who has arrived at the age Of twenty one
years, and is citizen of the United States,
or who shall have filed his declaration of
intention to become such, as required by
the naturalization laws of the United
States, and who has never borne arms
against the United States Government, or
giving aid and comfort to its enemies shall
from and after the LIST Of January, 1868,
be entitled to enter one quarter section, or
a less quantity. of unappropr priated lands,
upon which said person may have filed
q pre-emption claim, or which may, at
the time the application is made, be
subject to pre.emption at 81 25 or less
per acre; or eighty acres, or less, of
such unappropriated lands, at . so per
acre, to be located in a body, in conformity
to the legal subdivisions Of the public
lands, and after the same shall have been
surveyed: Prorided, That any person own.
ing and residing on land, may under the
provisions of this act, enter other land ly-
ing contiguous to his or her land, which
shall not, with the land so already owned
and occupied, exceed l60 acres.


SECTION. 2. And be it tnr1lcr enacted,
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
affidavit before the said Register or Re,
lily, or is twenty one years or more Of age,
or shall have performed service in the
army Of the United States, and that he
has never borne arms against the Govern
ment of the United States, or given aid
and comfort to its enemies, and that such
application is 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 for the use or benefit Of any
other person or persons whomsover; and
upon filing the said affidavit with the Reg
nd &c
he or she shall thercupon be permitted to
enter the quantity ef land specified: Pro
rtdcd, homercr, That no certificate shall be
given or patent issued therefor until the
| expiration of five years tlom the date of
such entry and if at the expiration Of
| such 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 widow making such entry her
! heirs or dsyisee, in case of her death
! shall prove by two credible witnesses that
he, she, or they have resided upon or cul
tivated the same for term of five years
Immediately succeeding the time of fling
the affidavit aforesaid, and shall make Gf
.GdaeH Hat no part Of said land has been
dtenioted, and that he has borne true ale
yiance TO the Government Of the United
States: then, in snch case, he, she or they,
if at that time q citizen of the United
States, shall be entitled to a patent, AS in
other cases provided for by law and pro
rided further, That in case of death of
both farther and mother, leaving an infant
child, or children, under twenty one years
of age, the right and fee shall enure to
the benef. of said infant child or children
and the executor, administrator, or guar
dian may, at any time within two years
after the death of the surviving parent,
and in accordance with the laws Of the
being have their domicile, sell said land for
the benefit of said infants but for 10
other purpose; and the purchaser shall
acquire the absolute title by the purchase
and be entitled to patent from the United
States, on payment of the Office fees and
sum Of money herein specified.


SEC. 3. and be ii .Carher enacted, Tha
the Register of the Land Office shall note
all such applications on the tract books
and pla,s OF his office, and keep register
of all such entries, and make return there
of to the General Land Office, together
with the proof upon which they have beer
founded.


SEC. 1. And be ii further enacted, Tha
no lands acquired under the provisions 0
this act shall in any event become liabl,
to tho satisfaction of any debt or debt
contracted prior to the issuing of the pat
ent therefor.


SEc. ). 4nd be il .ftrtter enacted, Tha