-96- 



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 

 he has never borne arms against the Government of the United States 

 or given aid and comfort to its enemies, 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 ten dollars, he or she 

 shall thereupon be permitted to enter the quantity 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 v/itnesses that he, she, or they have 

 resided upon or cultivated the same for the term of five years im- 

 mediately succeeding the time of filing the affidavit aforesaid, and 

 shall make affidavit that no part of said land has been alienated, 

 and that he has borne 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 for 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 enure to the 

 benefit of said infant child or children; and the executor, admin- 

 istrator, 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 domicil, 

 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 pay- 

 ment of the office fees and sum of money herein specified. 



Sec. 3. And be it further enacted , That the register of the land 

 office shall note all such applications on the tract books and plats 

 of his office, and keep a register of all such entries, and make re- 

 turn thereof to the General Land Office, together with the proof upon 

 which they have been founded. 



Sec. 4. And be it further enacted. That no lands acquired under 

 the provisions of this act shall in any event become liable to the 

 satisfaction of any debt or debts contracted prior to the issuing of 

 the patent therefor. 



