Page:United States Statutes at Large Volume 18 Part 1.djvu/493

·1‘m.e xxxn.-THE runmo LANDS.—-Ch. s. 421 Sec. 2293. In case of any person desirous of availing himself of the Pe¤<>¤¤ iii milibenetits of this chapter; but who, by reason of actual service in the mil- Y“"Y ‘{L“““‘l3°;"' itary or naval service of the United States, is unable to do the personal igigahggglmafé preliminary acts at the district land-office which the preceding sections athdavit. require; and whose family, or some member thereof, is residing on the land which he desires to enter, and upon which a bona~iide improvement 38 S_ 4 ${3 p_ gg: and settlement have been made, such person may make the affidavit i i i required by law before the officer commanding in the branch of the service in which the party is engaged, which aflidavit shall be as binding in law, and with like penalties, as if taken before the register or receiver; and upon such ailidavit being filed with the register by the wife or other representative of the party, the same shall become effective from the date of such Eling, rovided the application and affidavit are accompanied by the fee ami) commissions as required by law. Sec. 2294. In any case in which the applicant for the benent of the When persons homestead, and whose family or some member thereof, is residing on the ¤>¤y¤n¤ke¤fHd¤vit land which he desires to enter, and upon which a bona—fide improvement be of "l‘"k °f and settlement have been made, is prevented, by reason of distance, bodily it-ii-ig;-Y intirmity, or other good cause, from personal attendance at the district .,821 g{“’·ig86‘*¤ °· land-office, it may be lawful for him to make the affidavit required by lawgg JQ,} 1kg43E' before the clerk of the court for the county in which the applicant is an 394, z. 18, p. 192., ` actual resident, and to transmit the same, with the fee and commissions, to the register and receiver. Sec. 2295. The register of the land-office shall note all applications Record of appliunder the provisions of this chapter, on the tract—books and plats of his wtiensofiice, and eep a register of all such entries, and make return thereof to 20 Mav, 1862, o. the General Land Office, together with the proof upon which they have 75, s. 3,vl12, p. 393. been founded. Sec. 2296. No lands required under the provisions of this chapter shall Homestead lands in any event become liable to the satisfaction of any debt contracted **0* *9 be Subject prior to the issuing of the patent therefor. tE‘__ 20 May, 1862, c. 75, s. 4, v. 12, p. 393.-Seymour v. Saunders, 3 Dill., 437. Sec. 2297. If, at any time after the tiling of the aflidavit, as required When lands enin section twenty-two hundred and ninety, and before the expiration of *3*3 i°' h°m°· the Eve years mentioned in section twenty-two hundred and ninety-one, E02e1Q5g3ft t° it is proved, after due notice to the settler, to the satisfaction of the 76W3,—g£Y register of the land-office, that the pjerson having filed such aflidavit has 75,s. 5,v. i2, p.3ia3; actually changed his residence, or a andoned the land for more than six 28 Dev-, 1874, c. months at any time, then and in that event ·the land so entered shall 1°é§·},8·P·2?;i6 revert to the Government. 72, ,._ ]§”;,i’36_ ’°' Sec. 2298. No person shall be permitted to acquire title to more than Limitation of one quarter-section under the provisions of this chapter. evnvuntenteredfor h0mestead;______ 20 May, 1862, c. 75, s. 6, v. 12, p. 393. Sec. 2299. Nothing contained in this chapter shall be so construed as Existing pneto im ir or interfere in any manner with existing pre—emption rights; ?;'P*;°;‘d"¤ ”¤°* and allapersons who may have filed their applications for a pre-emption EL;.? right prior to the twentieth day of May, eig teen hundred and sixty-two, ,520 £‘*}>;·2i86·'g9§· Shall be entitled to all the privileges of this chapter.’°' "' ’p‘ ‘ Sec. 2300. No person who has served, or may hereafter serve, for a What minors period n_ot less than fourteen days in the Army or Navy of the’_United meyhuvetheprivitutes, either regular or volunteer, under the laws thereof, during the gw °f the °h*‘P‘ existence of an actual war, domestic or foreign, shall be deprived of the benefits of this chapter on account of not aving attained the age of .,5 56 :’;Yi2 P 3b; twenty-one years. Yi ’` Sec. 2301. Nothing in this chapter shall be so construed as to prevent Payment before any person who has availed himself of the benefits of section twenty- °xP¤`{m9¤;ltgY {five two hundred and eighty-nine, from paying the minimum price for the quan- ggagétflg ° °‘P' tity of land so entered, at any time before the expiration of the five years, Weend obtaining a patent therefor from the Government, as in other cases 75 S 8 "P,·21g°%9g· directed bylaw, on making proof of settlement and cultivation as pro- ’'’' vided by law, granting pre-emption rights.