be lawful for him to make the affidavit required by the original statute before the clerk of the 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 by the twelfth section of the preemption act of fourth of 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 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 of September, eighteen hundred and forty-one, the time for filing such affidavit and making final proof and entry of location shall be extended six months after the expiration of his 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. 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 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.

(H.)

AN ACT for the disposal of the public lands for homestead, actual settlement in the States of Alabama, Mississippi, Louisiana, Arkansas, and Florida.

Be it further enacted by the Senate and House of Representatives of the United 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 this act, no entry shall be made for more than a half quarter section, or eighty 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 land 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-cited 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 affidavit 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 not more than eighty acres, he or she shall thereupon be permitted to enter the amount 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 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 prove by two credible witnesses that he, she, or they

have resided upon and 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 lands 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 children 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 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 hundred and sixty-seven, any person applying for the benefit of this act shall, in addition to the oath herein before 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 said 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.

(1.)

$3

Mr.

has this day paid dollars, the register's and receiver's fees, to file a declaratory statement, the receipt whereof is hereby acknowledged.

No.

Mr.

Receiver.

having paid the fees, has this day filed in this

office his declaratory statement, No.

-, township

tled upon

9

18, being

for containing

offered.

section acres, set

Register.

(2.)

Declaratory statement for cases where the land is not subject to private

quarter section of range number

in

in township number

number the district of lands subject to sale at the land office at -, and containing acres, which land has not yet been offered at public sale, and thus rendered subject to private entry; and I do hereby declare my intention to claim the said tract of land as a preemption right under the provisions of said act of 4th September, 1841. Given under my hand this day of

(3.)

For cases where the land claimed shall have been rendered subject to private entry since the date of the law.

and

in the district of lands subject to sale at the land office at containing acres, which land has been rendered subject to private entry since the passage of the act of 4th September, 1841, but prior to my settlement thereon; and I do hereby declare my intention to claim the said tract of land as a preëmption right, under the provisions of said act of 4th September, 1841.

Given under my hand this

day of

In presence of

(4.)

I,

9

Affidavit requ red of preemption claimant.

of township number

claiming the right of preëmption under the provisions of the act of Congress entitled "An act to appropriate the proceeds of the sale of the public lands, and to grant preëmption rights," approved September 4, 1841, to the quarter of section number of range number -, subject to sale at, do solemnly that I have never had the benefit of any right of preemption under this act; that I am not the owner of three hundred and twenty acres of land in any State or Territory of the United States, nor have I settled upon and improved said land to sell the same on speculation, but in good faith to appropriate it to my own exclusive use or benefit; and that I have not, directly or indirectly, made any agreement or contract, in any way or manner, with any person or persons whomsoever, by which the title which I may acquire from the Government of the United States should inure, in whole or in part, to the benefit of any person except myself.

I,

of the land office at

do hereby certify that the above affidavit was taken and subscribed before me, this

of

A. D. 18

day

We,

number

quarter of section north, of range number and that no other person resided upon the said land, entitled to entered upon

the right of preemption; that the said

and made a settlement in person on the said land since the -day of day of

18 to wit, on the lived in the said house, and made it his exclusive home, from the

day of

18 till the present time; that he did not remove from his own land within the State of to make the settlement above referred to; and that he has since said settlement plowed, fenced, and cultivated about acres of said land.

I,

(6.)

Homestead.

LAND OFFICE at

18

of, do hereby apply to enter, under the provisions of the act of Congress approved May 20, 1862, entitled "An act to secure homesteads to actual settlers on the public domain," the

ing

of section

acres.

in township

of range

LAND OFFICE at

I, register of the land office, do hereby certify that the above application is for surveyed lands of the class which the applicant is legally entitled to enter under the homestead act of May 20, 1862, and that there is no prior, valid, adverse right to the same.

(AFFIDAVIT.) I,

of

LAND OFFICE at

-, having filed my application No. for an entry under the provisions of the act of Congress approved May 20, 1862, entitled "An act to secure homesteads to actual settlers on the public domain," do solemnly swear that [Here state whether the applicant is the head of a family, or over twenty-one years of age; whether a citizen of the United States, or has filed his declaration of intention of becoming such; or, if under twenty-one years of age, that he has served not less than fourteen days in the Army or Navy of the United States during actual war; that said application No. is made for his or her exclusive benefit; and that said entry is made for the purpose of actual settlement and cultivation, and not, directly or indirectly, for the use or benefit of any other person or persons whomsoever,] and that I have not heretofore had the benefit of this act.

Sworn to and subscribed, this day of, before

[Register or Receiver] of the Land Office.

States, do hereby apply to enter, under the provisions of the act approved March 21, 1864, amendatory of the homestead act of May 20, 1862, and for other purposes, a certain tract of land, which is hereby authorized to designate at the foot of this application, as my homestead, and which I agree to hold as my own selection.

Attest:

I,

commanding officer at

of range

-, containing

as named in the foregoing application, No. designate the tract selected for his homestead as the tion- -, in township and on which there is bona which I am residing and in Witness my hand, this

Attest:

do

of sec

acres,

fide improvement and settlement, and on charge for said applicant. day of

18

I,

register of the land office, do hereby certify that the above application is for surveyed lands of the class which the applicant is legally entitled to enter under the homestead act of May 20, 1862, and that there is no prior, valid, adverse right to the same.

Register.

(9.)

Military or naval homestead.-Amendatory homestead act of March 21,

1864.

AFFIDAVIT.

STATE OF

County of
(Date.)

of -, being now in the [military or naval serv ice] of the United States, and proposing to file my application, No. for an entry under the provisions of the act of Congress approved March 21, 1864, amendatory of the original homestead act of May 20, 1862, and for other purposes, do solemnly swear that [Here state whether applicant is the head of a family, or over twenty-one years of age; whether a citizen of the United States, or has filed his declaration of intention of becoming such; or, if under twenty-one years of age, that he has served not less than fourteen days in the Army or Navy of the United States during actual war; that said application, No. is made for his or her exclusive benefit; and that said entry is made for the purpose of actual settlement and cultivation, and not, directly or indirectly, for the use or benefit of any