HOMESTEAD LAWS AND REGULATIONS. 441 



States Government, or given aid or comfort to its enemies, shall 

 be entitled to enter one quarter section or less quantity of un- 

 appropriated public land." 



Under this act, one hundred and sixty acres of land subject 

 to pre-emption at Si. 25 per acre, or eighty acres at §2.50 per 

 acre, can be entered upon application, by making affidavit 

 "that he or she is the head of a family, or is twenty-one years 

 of age, or shall have performed service in the army and navy 

 of the United States, and that such application is made for his 

 or her exclusive use or benefit, and that said entry is made for 

 the purpose of actual settlement and cultivation, and not, either 

 directly or indirectly, for the use and benefit of any other per- 

 son or persons whomsoever." On filing said affidavit, and pay- 

 ment of fees and commissions, the entry will be permitted. 



Soldiers and sailors who have served ninety days can, how- 

 ever, take one hundred and sixty acres of the §2.50, or double 

 minimum lands. In all other respects they are subject to the 

 usual Homestead laws and regulations. 



No certificate will be given, or patent issued, until the ex- 

 piration of five years from the date of said 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 or she has resided upon and cultivated the same for 

 the term of five years immediately succeeding the date of filing 

 the above affidavit, and shall make affidavit that no part of 

 said land has been alienated, and that he has borne true al- 

 legiance to the Government of the United States; then he or 

 she, if at that time a citizen of the United States, shall be en- 



