AND WHERE TO FIND ONE. 19 



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 mere of age, or shall have per 

 formed service in the army 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 per 

 sons whomsoever ; and upon filing the said affidavit with 

 the Register or Receiver, and on payment of $10, he or she 

 shall thereupon be permitted to enter the quantity of land 

 specified : Prodded, 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 or 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 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, leav 

 ing 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, administrator, 

 or guardian may, at any time within two years after the 



