Year: 1862




AN ACT to Secure Homesteads 10 Actual


Settlers on the public Domain, and to pro.


vide Bounty for Soldiers in lieu Of Grants Of


the Public Lands


BE u enacted By the Senate and House of
Representatives. Of the United States Of
america in Congress Assembled /: That
any person who is the head Of family or
has arrived at the age Of twenty.one years.
aud is citizen Of the United States. or
who shall have filed bis declaration of in.
iention 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 given aid
and comfort to its enemies, shall, from and
alter The lst day of January, 1868, be
ensltied to enter one quarter section, or q
less quantity, OF unappropriated public
lands, upon which said person may have
filed pre- emption claim, or which NAV, at
the time the application is made be subject
to pre- emption OF 81 ,25 or less, per acre |;
oreighty acres or ess,of such unsppropriat.
ed lands, at $3.50, per acre, to be located
in body, in conformity to the legal sub
divisions of the public lands, and after the
same shall have been surveyed ProUided
That any person owning and residing on
land may under the provisions of this act,
enter other land lying contiguous to his or
her said land, which shall not with the land
so already owned, exceed 10 aggregate I60
acres.


SECTION 2. Ind be Il further enacted,
That the persons applying for the benefit
of this act, shall, upon application to Regis
ter of the Land Office in which he or she is
about 10 make such entry, make affidavit
before said Register or Receiver that he or
she is the head of a family or is twenty. .one
years or more of age, or shall have perform
ed service in the army of the United States
and that he has never borne arms against
the Government of the United States or
| given aid and comfort to its enemies and
that such application is made for bis 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 and bene
fit of any other person or persons whomsO-
ever; and upon filing said affidavit with the
Register or Receiver, and on payment of
$40, he or she shall thereupon be permitted
to enter the quantity of land specified
PrOrided, hoperer, That no certificate shall
he given or patent issued therefor until the
expiration of FIVE years from 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
devisee, in case of her death-shall prove
by two credible witnesses that he, she, or
| they have resided upon or cultivated the
some 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 alienated, and
that he has borne true allegiance to the
G Government of the United States then,
in such case, he she, or they. II at that
time citizen of the United States, shall
be entitled to a patent, as in other cases
provided for by law And prOrtded, fur
ther, That in case of death of both father
and mother. leaving OH infant child, or
children, under twenty.one years OF age, the
right and fee shall enure to the benefit Of
said infant child or children and the exc
cutor, administrator or gurdian may, at
any time within two years after the death
of the surviving parent, and in accordance
with the laws of the State in which such
children may for the time being have their
domcl, sell said land for the benefit of said
Infants, but for no 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 speci-
| fed.


SEC. 8, And be IL further enacted. That
the Register of the Land Office shall note
all such applications on the tract books and
plats of his Office, and keep a register OF all
such entries, and make return thereof to
! the General Land Office, together with the
proof upon which they have been founded.


SEC. 4. And be ii further enacted, That
no lands acquired under the provisions 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 patent
therefor.


SEC. 5. And be u further enacted, That
if, at any time after the filing Of the afR
davit, as required in the section Of this act,
aud before the expiration Of the five years
aforesaid, it shall be proven, after do not
ice to the settler. TO the satisfaction of the
Register of the Land Office, that the per-
son having filed such affidavit shall have
actually changed his or her residence, or
abandoned the said land, or shalt have
ceased to occupy said land for more than
six months at any time, then, and in that
event, the land so entered shall revert
to the Government


SEC. 6. And be IL further encted, That
no individual shall be permitted to acquire
title to more than one quarter section un'
der the provisions Of this act ; aud that the
Commissioner Of the General Land Office is
hereby required to prepare aud issue such
rules and regulations consistent with this
act, as shall be necessary and proper TO
carry its provisions into effect aud that
the registers and receivers Of the several
land Offices shall he entitled to receive the
same compensation for any lands entered
under the provisions of this act that they
are now entitled to receive when the same
I e al