Year: 1871




CONTINUED raox 1st. PAGE


ment and cultivation and not either
directly or indirectly for the use or
benefit Of any other person or per-
sons whomsoever and upon fling
said affidavit with the register and
on payment Of the fees allowed by
law, he or she shall therefrom be
permitted to enter the quantity Of
land specified provided that no
patent shall be issued therefor until
the expiration of five yearsfrom the
date of such entry and il, at the
expiration of such time, or any time
within two years thereafter, the
person making such entry-or, if
he or she be dead, his or her legal
heirs-shall prove by two credible
witnesses that he, she OF they have
resided upon or rcultivated the same
for the term of five years immedia-
tely succeeding the time of fling
the affidavit aforesaid, and shall
make affidavit that no part of said
land has been aienated, then, in
such case, he, she or they, if at the
time a citizen of the State, shall be
entitled to q patent and provided
further, that in case of the death of
both father and myther, leaving an
infant child or children and the
executor, administrator or guar
dian may, at any time within two
years after the death of the survi-
wing parent, and in accordance with
the laws of the State, sell said land
for the benefit of said infants, but
for no other purpose and the pur-
chasers shall acquire the absolute
title by the purchase, and be en-
titled to q patent from the State, on
payment of the Office fees and the
price Of the land as fixed by law.
SEC. 8. Be it further enacted, etc.,
That the Register of the Land Office
shall note all such applications on
the tract books and plats of his Of
fee, and keep register of all such
entries and, make return thereof
-, together with the proof upon
which they have been founded.


SEC. 4. Be it further enacte', etc.,
That no lands acquired under the
provisions of this act shall in any
event become liable to the satisfac-
ton Of any debt or debts contract
ed prior to the issuing of the
[patent] therefor.


Sec. 5. Be it further enacted, ETC.,
That if at any time after the fling
of the affidavit, rs required by the
second section of this act, and be-
fore the expiration of the FIVE years
aforesaid, it shall be proven, after
due notice to the settler, to the
satisfaction of the Register of the
Land Office, that the person having
filed such affidavit shall have &C.
tually changed his or her residence
or abandoned the said land fol
more than six months at any time
or place and in that event, the land
so entered shall revert to the State


SEC. 6. Be it further enacted, etc.
That the Register of the Land Of
fee is hereby authorized and re
quired to collect, for hearing ant
determining contests arising undel
the fifth section of this act, the fol
lowing fees, and no others, to wit


The sum of five dollars for eacl
case of contest fled, which shall in
.l1de the issue of any and all pro
cessors or notices to the defendan
and the examination on the day o
trial, and in addition thereto TWEEN
ty cents for each folio page of evid
ence reduced to writing by said re
gister on the trial f; said fees to b.
paid by the person or person
bsmging the complaint. The re
gister is furthermore authorized
and required to collect the sum o
two dollars and fifty cents for eacl
continuation of q case of contes
under said section, the same to b.
paid by the party at whose instanc
such continuation is granted al