Page:United States Statutes at Large Volume 17.djvu/373

 FORTY—SECOND CONGRESS. Sess. II. Ch. 388. 1872. 333 CHAP. CCCXXXVIII.—-·An Act to amend an Act relating to Soldiers' and Sa.ilars’ Juno 8 18-y2_ Homeslcads. -——l—-·- Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the act entitled "An act to Amendment of enable honorably discharged soldiers and sailors, their widows and orphan fl} °h·4g5· children, to acquire homesteads on the public lands of the United States," n °’ P` ' approved April fourth, eighteen hundred and seventy-two, be, and the same is hereby, amended so as to read as follows: That every private soldier Certain honorand officer who has served in the army of the United States during the ubly <!i¤¤h*$rs¢d recent rebellion for ninety days, or more, and who was honorably dis- ;‘§d‘;,r:;,;z*;‘;;Séy charged, and has remained loyal to the government, including the troops enter upon, &c., mustered into the service of the United States by virtue of the third sec- “°* °"$' °“€ f tion of an act entitled "An act making appropriations for completing the defences of Washingt0n, and for other purposes," approved February thir- lands as a hometeenth, eighteen hundred and sixty-two, and every seaman, marine, and §Q°£i‘ch 25 § 3 officer who has served in the navy of the United States, or in the marine v(,;,’xg;; ,,,’339,` corps, during the rebellion, for ninety days, and who was honorably dis- 1862»__¤h· 78- charged, and has remained loyal to the government, shall, on compliance V°1`x“' p' 392 with the provisions of an act entitled “An act to secure homesteuds to actual settlers on the public domain," and the acts amendatory thereon as hereinafter modified, be entitled to enter upon and receive patents for a quantity of public lands (not mineral) not exceeding one hundred and sixty acres, or one quarter-section, to be taken in compact form, according to legal subdivisions, including the alternate reserved sections of public lands along the line of any railroad or other public work, not otherwise reserved or appropriated, and other lands subject to entry under the homestead laws of the United States: Provided, That said homestead Settlement, settler shall be allowed six months after locating his homestead, and tiling &°·· mé‘>’l?€h*?°m‘ his declaratory statement, within which to make his entry and commence his Egim wl m’ settlement and improvement: And provided also, That the time which Certain time to the homestead settled shall have served in the army, navy, or marine b° ‘l°d“°*°d· corps aforesaid shall be deducted from the time heretofore required to perfect title, or if discharged on account of wounds received, or disability incurred in the line of duty, then the term of enlistment shall be deducted from the time heretofore required to perfect title, without reference to the length of time he may have served: Provided, however, That no patent_ Patentnotto shall issue to any homestead settler who has not resided upon, improved, mug ““m· &°· and cultivated his said homestead for a period of at least one year after he shall commence his improvements as aforesaid. SEO. 2. That any person entitled, under the provisions of the foregoing pe,»,°,,s,,,,,,,,ed section, to enter a homestead who may have heretofore entered, under the f¢> ¤ h<>mcsiead. homestead laws, a quantity of land less than one hundred and sixty acres, ;$`;fcg§;‘;;°' shall be permitted to enter, under the provisions of this act, so much land than me acres, contiguous to the tract embraced in the first entry as, when added to the E‘“{’}*;°5YH*P¤l<¤ quantity previously entered, shall not exceed one hundred and sixty acres. }§,,Qp,,Q,’;?3§§Q Sec. 3. That in case of the death of any person who would be entitled to a homestead under the provisions of the first section of this act, his The widows widow, if unmarried, or in case of her death or marriage, then his minor ,,,,6 ,,,,,,0,, ci,,;, orphan children, by a guardian duly appointed and officially accredited at dren ofthvse enthe Department of the Interior, shall be entitled to all the benefits enu-  f,‘Q]QgQ,°3Q{’; merated in this act, subject to all the provisions as to settlement and im- not may enjoy its pwvcments therein contained: Provided, That if such person died during b°;°H*§· his term of enlistment, the whole term of his enlistment shall be deducted r°uS°' from the time heretofore required to perfect the title. Sec. 4. That where a party, at the date of his entry of a tract of land _ A¢h1¤l¤¤l'vi¢¤ under the homestead laws, or subsequently therem, was actually enlisted :}“f$°,g'§‘°Y °' and employed in the army or navy of the United States, his services there- deemed equlvuin Shall, in the administration of said homestead laws, be construed to be gmt *0,,** *5:** equivalent, to all intents and purposes, to a residence for the same length °”°° °r °