Chapter CXXVII. for the Disposal of the Public Lands for Homestead Actual Settlement in the States of Alabama, Mississippi, Louisiana, Arkansas, and Florida
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CHAP. CXXVII.— An Act for the Disposal of the Public Lands for Homestead Actual Settlement in the States of Alabama, Mississippi, Louisiana, Arkansas, and Florida.June 21, 1866. *Be it enacted by the Senate and House of Representatives of the UnitedAll public lands in certain States to be disposed of only according to the provisions of the homestead law.1862, ch. 75.Vol. xii. p. 392.1864, ch. 38.Vol. xiii. p. 35. States of America in Congress assembled,* That from and after the passage of this act all the public lands in the States of Alabama, Mississippi, Louisiana, Arkansas, and Florida shall be disposed of according to the stipulations of the homestead law of twentieth May, eighteen hundred and sixty-two, entitled “An act to secure homesteads to actual settlers on the public domain,” and the act supplemental thereto, approved twenty-first of March, eighteen hundred and sixty-four, but with this restriction, that until the expiration of two years from and after the passage of this67THIRTY-NINTH CONGRESS.
Sess. I. Ch. 127. 1866. act, no entry shall be made for more than a half-quarter section, or eightyNo entry to be for more than 80 acres.$5 to be paid on issue of patent.No distinction for race or color.Mineral lands excepted. acres; and in lieu of the sum of ten dollars required to be paid by the second section of said act, there shall be paid the sum of five dollars at the time of the issue of each patent; and that the public lands in said States shall be disposed of in no other manner after the passage of this act: *Provided,* That no distinction or discrimination shall be made in the construction or execution of this act on account of race or color: *And provided further,* That no mineral lands shall be liable to entry and settlement under its provisions.
Sec. 2. *And be it further enacted,* That section second of the above-citedMode of procedure in applying for the benefit of this act.1862, ch. 75, § 2.Vol. xii. p. 392. homestead law, entitled “An act to secure homesteads to actual settlers on the public domain,” approved May twentieth, eighteen hundred and sixty-two, be so amended as to read as follows: That the person applying for the benefit of this act shall, upon application to the register of the land office in which he or she is about to make such entry, make affidavitAffidavit. before 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 the army or navy of the United States, and 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 the register or receiver, and on payment of five dollars, when the entry is of not more thanPayment of $5. eighty acres, he or she shall thereupon be permitted to enter the amount of land specified: *Provided, however,* That no certificate shall be given, orNo certificate to be given nor patent to issue, until after five years from entry. 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 entry, or, if he be dead, his widow; or in 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 proveProof of residence or cultivation, &c. by two credible 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 partAffidavit. 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 a citizen of the United States, shall be entitled to a patent, as in other cases provided by law: *And provided further,* That in case of the death of both father and mother, leaving an infant child or childrenWhen rights enure to the benefit of infant children.Executor, &c., may sell. under twenty-one years of age, the right and fee shall enure 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 acquireTitle of purchaser. the absolute title by the purchase, and be entitled to a patent from the United States on the payment of the office fees and sum of money herein specified: *Provided,* That until the first day of January, eighteen hundredAdditional oath prior to January 1, 1867. and sixty-seven, any person applying for the benefit of this act shall, in addition to the oath hereinbefore required, also make oath that he has 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 saidProvisions of homestead law, &c., made applicable hereto. homestead law, and the act amendatory thereof, approved March twenty-first, eighteen hundred and sixty-four, so far as the same may be applicable, 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. Approved, June 21, 1866.