OCR Text |
Show 36 ADDENDA. 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 whomsoever; and upon filing the said affidavit with Register or Receiver, and on payment of ten dollars, he or she, shall thereupon be permitted to enter the quantity of land specified ; provided, however, that no certificate shall be 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-or if he be dead, his widow; or ip case of her death, his heirs or devisee ; or in case of a widow making such entry, her heirs or devisee, in case ·of her death,-shall prove by two creditable witnesses that, he, she or they, have resided upon or cultivated the same 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 tru~ allegiance to the Government of the United States ; then, in such case, he, she or they, if at that time a citizen of the United States, shall be entitled to a patent, as in other cases provided by the law. A nd provided, further, that in case of the death of both father and mothm~, leaving an infant child or 9hildren, under twenty-one years of age, the right and fee shall inure .to the benefit of said infant child, or children; and the executor, administrator or guardian 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 for the time being, have their domicile, sell said land for the benefit of said infants but for no other purpose; and the purchaser shall acquire the ab' solute title for the purchase, and be entitled to a patent from the United States, on payment of the office fees and sum of money herein specified. SEc. 3. And be it further enacted, That the Register of the land office shall note all such applications on the tract book and plats of his office, and keep a register of all such entries, and make returns thereof to the General Land Office, together with the proof upon which they have been founded. SEc. 4. And be it further enacted, That no lands acquired ADDENDA. 37 under the provisions .of this act, shall in any event beco~e _ liable to the satisfaction of any debt or debts, contracted pnor to the issuing of the patent therefor. SEc. 5. And be it further enacted, That if, at any ~ime aft~r the filing of the a:ffi.dav\t, as required in the second sect~ on .of this ac t , an d before the expiration of the five years afo.r ef:s aid· , It fs hahl l b proven after due notice to the settler, to the satis actiOn o t e ;egister ~f the land office, that the person having _filed such affidavit shall have actually changed his or her res1dence? or abandoned the 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 it further enacted, That no indivi~u~l shall be perna't te d to acquire title to more than one quarte.r s·e ctiOn ufn dhe r the provisions of this act ; and t?at the Commissw~~r o t e General Land Office is hereby reqmred to prepare and I~sue such rules and regulations, consistent with this act, as shall be necessary a proper to carry its provisions into effect; and that the Reg~ s~ers and Receivers of the several land offices, shall be entitled to receive the same compensation for any lands entered ~nder the provisions of this act, that ~hey are no~ entitled to receive when the same quantity of land IS enter~d ~1th mone~, one half t~ be paid by the person making the apphcatwn ~t the t1me of so domg, and the other half on the issue of the certificate by the person to whom it may be issued : but this shall not be construed to en1 a i.g e the maximum o compensation now pres.c ribed by ·l awd fo· r any Register or Receiver: provided, ~hat noth1~g co~ta1~e In tho IS ac t , shall be so construed as to lmpare or. lllter·l ehre In anyd manner w hatever with the existing pre. . emptwn ng t·s : an 1 . provided further, that all persons who may have filed their .app !- cations for a pre-emption right prior to the passag~ of th1s act, shall be entitled to all privileges of this act: prov~ded further, that no person who has served, or may hereafter serve, for a period of not less than fourteen days in the army or navy of. the U n1' te d States, either reo-ular or volunteer, under the laws theieof, o £ . h ll · during the existence of an actual war, domestic or ormgn, ~.a be deprived of the benefits of that act on account of not havmg attained the age of twenty .. one years. SEc. 7. And be it further enacted, That the fifth section of the |