Chapter XXXVIII. *amendatory of the Homestead Law, and for other Purposes.* March 21, 1864. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, * That in case of anyPersons in military or naval service claiming benefits of homestead art, may make affidavit
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Chap. XXXVIII.— An Act *amendatory of the Homestead Law, and for other Purposes.* March 21, 1864. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, * That in case of anyPersons in military or naval service claiming benefits of homestead art, may make affidavit before whom. person desirous of availing himself of the benefits of the homestead act of twentieth of May, eighteen hundred and sixty-two, but who, by reason of actual service in the military or naval service of the United States, is unable to do the personal preliminary acts at the district land-office which the said act of twentieth May, eighteen hundred and sixty-two, requires, and whose family or some member thereof, is residing on1862, ch, 75.Vol. xii. p. 392. the land which he desires to enter, and upon winch a bona fide improvement and settlement have been made, it shall and may be lawful for such person to make the affidavit required by said act before the officer commanding in the branch of the service in which the party may be engaged, which affidavit shall be as binding in law, and with like penalties, as if taken before the register or receiver; and upon such affidavit being filed with the register by the wife or other representative of the party, the same shall become effective from the date of such filing, provided the said application and affidavit are accompanied by the fee and commissions, as required by law.
Sec. 2. *And be it further enacted,* That besides the ten-dollar feeCommissions to receivers and registers. “enacted by the said act, the homestead applicant shall hereafter pay to the register and receiver each, as commissions, at the time of entry, one per centum upon the cash price as fixed by law, of the land applied for, and like commissions when the claim Is finally established and the certificate therefor issued as the basis of a patent. Sec. 3. *And be it further enacted,* That in any case hereafter inCertain persons may make affidavit before clerk of court. which the applicant for the benefit of the homestead, and whose family or some member thereof, is residing on the land which he desires to enter, and upon which a bona fide improvement and settlement have been made, is prevented, by reason of distance, bodily infirmity, or other good cause, from personal attendance at the district land-office, it shall and may be lawful for him to make the affidavit required by the original statute before the clerk of lite court for the county in which the applicant is an actual resident, and to transmit the same, with the fee and commissions, to the register and receiver.
Sec. 4. *And be it further enacted,* That in lieu of the fee allowed byFees of registers and receivers in preemption claims.1841, ch. 16, § 12.Vol. v. p. 456. the twelfth section of the preemption act of fourth September, eighteen hundred and forty-one, the register and receiver shall each be entitled to one dollar for their services in acting upon preemption claims, and shall be allowed, jointly, at the rate of fifteen cents per hundred words for the testimony which may be reduced by them to writing for claimants, in establishing preemption or homestead rights, the regulations for giving proper effect to the provisions of this act to be prescribed by the commissioner of the general land-office.
Sec. 5. *And be it further enacted,* That where a preemptor has 36THIRTY-EIGHTH CONGRESS. Sess. I. Ch. 40. 1864.Time for filing certain affidavits extended to certain preemptors.taken the initiatory steps required by existing laws in regard to actual settlement, and is called away from such settlement by being actually engaged in the military or naval service of the United States, and by reason of such absence is unable to appear at the district land-office, to make, before the register or receiver, the affidavits required by the thirteenth section of the preemption act of fourth September, eighteen hundred 1841, ch. 16, § 13.Vol. v. p. 456.and forty-one, the time for filing such affidavit and making final proof and entry or location, shall be extended six months after the expiration of bis term of service, upon satisfactory proof by. affidavit, or the testimony of witnesses, that the said preemptor is so in the service, being filed with the register of the land-office for the district in which his settlement is made.
Sec. 6. Additional fees and allowances to certain registers and receivers. *And be it further enacted,* That the registers and receivers in the state of California, in the state of Oregon, and in the territories of Washington, Nevada, Colorado, Idaho, New Mexico, and Arizona, shall be entitled to collect and receive, in addition to the fees and allowances provided by this act, fifty per centum of said fees and allowances as compensation Proviso.for their services: *Provided,* That the salary and fees allowed any register or receiver shall not exceed in the aggregate the sum of three thousand dollars per annum.
Approved, March 21, 1864. Chapter XL: to provide for carrying the Mails from the United States to foreign Ports and for other Purposes. 13 Stat. 36 1864-03-25 Chapter XL Little, Brown and Company text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2026-01-27 38 2 public
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Chapter XXXVIII
*amendatory of the Homestead Law, and for other Purposes.* March 21, 1864. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, * That in case of anyPersons in military or naval service claiming benefits of homestead art, may make affidavit
Stat.13 Stat. 36
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