Soldiers’ Homestead Law of 1872.
The following is the full text of the Amendatory Soldiers’ Homestead Bill, approved by the President on the 3d of April, 1872.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled: That every private soldier and officer who has served in the army of the United States during the recent rebellion for ninety days or more, and who was honorably discharged, and has remained loyal to the government, including the troops mustered into the service of the United States by virtue of the third section of an act entitled “An act making appropriations for completing the defenses of Washington, and for other purposes,” approved February 13th, 1862, and every seaman, marine, and officer who has served in the navy of the United States, or in the marine corps, during the rebellion, for ninety days, and who was honorably discharged, and has remained loyal to the government, shall, on compliance with the provisions of an act entitled “An act to secure homesteads to actual settlers on the public domain,” and the acts amendatory thereof, 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 subdivision, including the alternate reserved section 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, the said homestead settler shall be allowed six months after locating his homestead within which to commence his settlement and improvements: And provided also, the time which the homestead settler shall have served in the army, navy, or marine 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 shall issue to any homestead settler who has not resided upon, improved and cultivated his said homestead for a period of at least one year after he shall commence his improvements as aforesaid.
Section 2. That any person entitled under the provisions of the foregoing section to enter a homestead, who may have heretofore entered under the Homestead law a quantity of land less than one hundred and sixty acres, shall be permitted to enter under the provisions of this act so much land as, when added to the quantity previously entered, shall not exceed one hundred and sixty acres.
Section 3. That in the 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 widow, if unmarried, or in case of her death or marriage, then his minor orphan children, by a guardian duly approved and officially accredited at the Department of the Interior, shall be entitled to all the benefits enumerated in this act, subject to all the provisions as to settlement and improvements therein contained: Provided, that if such person died during his term of enlistment, the whole term of his enlistment shall be deducted from the time heretofore required to perfect the title.
Section 4. That where a party, at the date of his entry of a tract of land under the Homestead laws, or subsequently thereto, was actually enlisted and employed in the army or navy of the United States, his services therein shall, in the administration of said Homestead laws, be construed to be equivalent, to all intents and purposes, to a residence for the same length of time upon the tract so entered: Provided, that if his entry has been canceled by reason of his absence from said tract while in the military or naval service of the United States, and such tract has not been disposed of, his entry shall be restored and confirmed: And provided further, that if such tract has been disposed of, said party may enter another tract subject to the entry under said laws, and his right to a patent therefor shall be determined by the proofs touching his residence and cultivation of the first tract and his absence therefrom in such service.
Section 5. That any soldier, sailor, marine, officer, or other person coming within the provisions of this act may, as well by an agent as in person, enter upon said homestead: Provided, that the said claimant in person shall, within the time prescribed [six months from date of entry] commence settlement and improvement on the same, and thereafter fulfill all the requirements of this act.
Section 6. That the commissioner of the General Land Office shall have authority to make all needful rules and regulations to carry into effect the provisions of this act.”