Page:United States Statutes at Large Volume 18 Part 1.djvu/492

 420 TrrLn xxxu.-—THE PUBLIC LANDS.-Ch. 5. 22 June, 1874, c. formity to the legal subdivisions of the public lands, and after the same 400, *‘- 1**,1»·194- have been surveyed. And every person owning and residing on land 23 F""·· l?’l5· ‘· may, under the provisions of this section, enter other land lying contigu- 99g",,i$,"'jé§`?`c ous to his land, which shall not, with the land so already owned and 131, Qs. 15; 16, ¢·.`18, occupied, exceed in the aggregate one hundred and sixty acres. pi glpril, 1875, c. 72, 1-. 19, p. 35. 3 Mar., 1877, c. 127, r. 19, p. 405. Mode of proved- Sec. 2290. The person applying for the benefit of the preceding sec- “*‘°- tion shall, upon application to the register of the land·oflice in which he 20 May, 1862, c. is about to make such entry, make affidavit before the register or receiver 75éSi§;r12p;éi9E- that he is the head of a family, or is twenty-one yplarslpr l11g11g of age, or ‘* 1 ‘ has performed service in the Arm or Navy of the United States, and 38;; §§,;},,PQ;iiQ;?2: that such application is made for hm exclusive use and benefit, and that 127, s. 2,v.14, p. 67. his entry is made for the purpose of actual settlement and cultivation., 22 JMB, 187;;- and not either directly or indirectly for the use or beneht of any other 39g·;,;at_8·’{;,;5 ;,_ person; and upon filing such affidavit with the register or receiver, on 131, 5, 15:16,,,jg, payment of five dollars when the entry is of not more than eiglhty acres, p. 420. and on payment of ten dollars when the entry is for more t an eighty acres, he shall thereupon be permitted to enter the amount of and specified. Certificate and Sec. 2291. No certificate, however, shall be given, or patent issued P¤t€9¥,\*;;€¤2i"°” 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 21 June, 1866,9 thereafter, the person making such entry; or if he be dead, his widow: 12{§SJ21"·1;é;’;6;· or m case of her death, his heirs or devisee; or in case of a widow making 308 ,__  8L ’such entry, her heirs or devisee, in case of her death, proves by two cred- ’ ’ 1ble witnesses that he, she, or they have resided u(pon or cultivated the same for the term of five years immediately suecee ing the time of filing the affidavit, and makes_afHdavit that no part of such land has been alienated, except as provided in section twenty-two hundred and eighty~ eight, and that he, s e, or they will bear true allegiance to the Government of the United States; then. in such case, he, she, or they. if at that tipge citizens of (gh; blfmted Stpfles, plhall be entitled to a patent, as in ._ o ercases provide y aw. att e roof of residence occu ation or d;;`Jg;_°f ml cnltiyation, the affidavit of nomalienatibn, and the oath, of allegianice. -—»—-??— required to be made by section twenty-two hundred and ninety-one of 123,   the Revised Statutes, may be made before the judge, or, in his absence. before the clerk, of any court of record of the county and State, or dnstrict and Territory, in which the lands are situated; and if said lands are situated .111 any unorganized c0unty,_such proof may be made in a similar manner in any adyacent county in said State or Territory; and the proof, affidavit, and oat, when so made and duly subscribed, shall have the same force and effect as 1f made before the register or 1'€C0l\’01' of the proper land-district; and the same shall be transmitted by such ludge, or the clerk of his court, to the register and the receiver, with the fee agnd cgipliges algowed by law to him; and the register and receiver shall I e en 1 ec to t 10 same fees for examining and approving said testimony Fagse pwem-mg, as a1e now allowed by law for taking the same. That if any witness perm ty of- makingfspch proof, or the said applicant making such affidavit or oath, sweais a se y as_to any maternal matter contained m said proof, affidavits. or oaths, the said false swearing being willful and corrupt, he shall be dgemed gp1}1tyI0flper]ury, and shall be iable to the same pains and pena ies as 1 e na sworn fa se y before the re iste1·.` Wh 'hts` - Sec. 2292. I as fth d th f ·. .· gzsgrélgsgagggt infant child or hlh(ildi·e(h underetwedtvhdiih ;:f?ofnad Qiiiheii iii3 f:: +4 shall inure to the benefit of such infant child or chilglren; and the exec- 10$1sJ;n,ca1866é;. ultlvoré administrator, or guardian may, at any time within two yam-,; after -· · · · ·P- · phe qpath of tple Isurviving Jxarent, and in accordance with the laws of E c hate] in w IC such chil ren, for the time being, have their domicile. sed the and for the benefit of such infants, but for no other purpose: in the purchaser shall acquire the absolute title by the purchase, and e entitled to a patent from the United States on the payment of the oflice-fees and sum of money above specified.