Page:United States Statutes at Large Volume 14.djvu/97

THIRTY—NINTH CONGRESS. Sess. I. Ch. 127. 1866. 67 act, no entry shall be made for more than a. half-quarter section, or eighty No entry ta be acres; and in lieu of the sum of ten dollars required be be paid by the gg m°*'° than second section of said act, there shall be paid the sum of Eve dollars ai; Qgrxbe mid the time of the issue of each patent; and that the public lands in said ouissue of pats- States shall be disposed of in no other manner after the passage of this °”*· act: Provided, That D0 distinction or discrimination shall be made in the N0 distinction construction or execution of this act on account of race or color: And f°r m°° or °°l°r' provided further, That no mineral lands shall be liable to entry and set- Mineral lands tlement under its provisions. °X°°Pt°d· Sec. 2. And be it further enacted, That section second of the above— )Iodc of pmcited homestead law, entitled "An act to secure homcsteads to actual set- ?°d“"’ “‘ “pp1Y` . . . . mv for the benctlers on the public d0mam," approved May twcutxctb, cxghtccn hundred m°0t· this Mt, and sixty-two, be so amended as to read as follows : That the person apply- 1862. ¤h· 75. 6 ‘!· ing for the benefit of this act shall, upon application to the register of v°l'x"'p'B92' the land 0tHcc in which he or she is about to make such entry, make aiEH— Amdzwic. davit betbrc the 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 performed service in Lbe army or navy of the United States, and that such application is made for his or her exclusive usc and benefit, and that said entry is made for the purpose of actual settlement and cultivation, and not either directly or indirectly for the usc or benefit of any other person or persons whomsoever; and upon filing the said affidavilz with the register or rcceiver, and on payment of five dollars, when the entry is of not more than Paymeutofss. eighty acres, he or she shall thereupon be permitted to enter the amount of land specified: Provided, lzowevcr, That no certificate shall be given, or t 1;** °?**m¤***° patent issued therefor, until the expiration of five years from the date of P;t;,g{:"°;s';'; such entry; and if} at the expiration of such time, or at any time within until after tive two years thereafter, the person making such entry, or, if he be dead, his KS2; f"°“‘ widow; or in case of her death, his heirs or devises ; or in case of a widow " making such entry, her heirs or devisec, in case of her death, shall prove Proof of resiby two credible witnesses that he, she, or they have resided upon or cul- g°¤°°S;”‘ °°m'¤· tivated the same for the term of five years immediately succeeding the l°°’ °` time of tiling the affidavit aforesaid, and shall make affidavit that no part Aiiidavit. of said land has been alienated, and that he will bear true allegiance to the government of the United States; then, in such case, he, she, or they, if at that time 2. citizen of the United States, shall be entitled to a patent, as in other cases provided by lauv : And provided further, That in case of the death of both father and mother, leaving an infant child or children When rights under twenty-one years of age, the right and fcc shall cnure to the benefit °¤¤*; *0 Q6 of said infant; child or children; and the executor, administrator, 01- guaZr— ggazrgrsf mmm dian may, at any time within two years after the death of the surviving Exccutor, Sm., parent, and in accordance with the laws of the State in which·such chil- may “’u· drcu, for the time being, have thei1·_d0mi<:i1e, sell said land for the benefit of said infants, but for no other purpose; and the purchaser shall acquire Title of pm-. the absolute title by the purchase, and be entitled to a patent fiom the chaser- United States 0n the payment of the 0Hica fees and sum of money herein specified : Provided, That until the first day of January, eighteen hundred Additional and sixty-seven, any person applying for the benefit of this act shall, in SW1 Pm; *2% addition to the oath, hereinbefbrc required, also make oath that he has 'muuy7' not borne arms against the United States, or given aid and comfort to its enemies. Sec. 3. And be it further enacted, That all the provisions of the said Provisions of homestead law, and the act amcndatory thereof, approved Mareh twenty- g<>¥¤¢¤f€3d hw. first, eighteen hundred and sixty-four, so far as the same may be applica- P]?é}£}2 IEJQEL ble, except so far as the same are modified by the preceding sections of this act, are applied to and made part of this act as fully as if herein enacted and set forth. Armovsn, June 21, 1866.