Page:United States Statutes at Large Volume 13.djvu/63

 THIRTY—EIGHTH CONGRESS. Sess. I. Ch. 38. 1864. 35 be sold by the United States subsequent to the admission of said state into the Union, after deducting all the expenses incident to the same, shall be paid to the said state, for the purpose of making and improving public roads, constructing ditches or canals, to effect a general system of irrigation of the agricultural land in the state, as the legislature shall direct. Sec. 11. And be it further enacted, That from and after the admission Laws of me of the said state of Colorado into the Union, in pursuance of this act, U¤g*=¤d Sip9W?), the laws of the United States not locally inapplicable shall have the me °3pp ma c' same force and effect within the said state as elsewhere within the United States, and said state shall constitute one judicial district, and be called _Judiea1 disthe district of Colorado. t“°°‘ Approved, March 21, 1864. CHAP. XXXVIII. — An Act amendatory of the Homestead Law, and for other Puqmses. Be it enacted by the Senate and House of Representatives of the _ _ United States of America in Congress assembled That in case of any ,mP°’gQ';‘;;';f"u' person desirous of availing himself of the benefits of the homestead act m?;,,., claiming of twentieth of May, eighteen hundred and sixty-two, but who, by rea- b¢¤¤6t¤ of h°m°· son of actual service in the military or naval service of the United f;‘;£};;°QdT;{ States, is unable to do the personal preliminary acts at the district land- before whom. office which the said act of twentieth May, eighteen hundred and sixty- two, requires, and whose family or some member thereof; is residing on 1862, ch. 75. the land which he desires to enter, and upon which a bona Bde improve- V°l·X“·P· 392* ment and settlement have been made, it shall and may be lawful for such person to make the atlidavit 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 Bled with the register by the wife or other representative of the party, the same shall become effective from the date of such Bling, provided the said application and andavit are accompanied by the fee and commissions, as required by law. Sec. 2. And be it further enacted, That besides the ten-dollar fee Commissions to exacted by the said act, the homestead applicant shall hereafter pay to {s°t;€r;V°'“‘*“d'°8‘ the register and receiver each, as commissions, at the time of entry, one ` per centum upon the cash price as Bxed by law, of the land applied for, and like commissions when the claim is Bnally established and the certificate therefor issued as the basis of a patent. Sec. 3. And be it further enacted, That in any case hereafter in Certain persons which the applicant for the benefit of the homestead, and whose family Qgdxigfgzp or some member thereof, is residing on the land which he desires to ccurh enter, and upon which a bona Bde improvement and settlement have been made, is prevented, by reason of distance, bodily intirmity, or other good cause, from personal attendance at the district land-oflice, it shall and may be lawful for him to make the atlidavit 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 Fw, of regis. the twelfth section of the preemption act of fourth September, eighteen Fm md F¢<;¤1V¢!S hundred and forty-one, the register and receiver shall each be entitled to ;?,§’;;?mP°°u one dollar for their services in acting upon preemption claims, and shall 1841,,,11 16, be allowed, jointly, at the rate of Bfteen cents per hundred words for the @12. testimony which may be reduced by them to writing for claimants, in V°1·"·P·*5°· establishing preemption or homestead rights, the regulations for giving proper eflect to the provisions of this act to be prescribed by the commissioner of the general land-office. Sec. 5. And be it jarther enacted, That where a preemptor has