Application for the writ of ha beas corpus. 1, v. 14, p. 385. therein, is in custody for an act done or omitted under any alleged right, title, authority, privilege, protection, or exemption claimed under the commission, or order, or sanction of any foreign state, or under color thereof, the validity and effect whereof depend upon the law of nations; or unless it is necessary to bring the prisoner into court to testify. SEC. 754. Application for a writ of habeas corpus shall be made to the court or justice, or judge authorized to issue Feb. 5, 1867, s. the same, by complaint in writing, signed by the person for whose relief it is intended, setting forth the facts concerning the detention of the party restrained, in whose custody he is detained, and by virtue of what claim or authority, if known. The facts set forth in the complaint shall be verified by the oath of the person making the application. Allowance and direction of the writ. Idem. Time of return. Form of return. Body of the party to be produced. Idem. Day for hear ing. Idem. Denial of return, counter-al SEC. 755. The court, or justice, or judge to whom such application is made shall forthwith award a writ of habeas corpus, unless it appear, from the petition itself that the party is not entitled thereto. The writ shall be directed to the person in whose custody the party is detained. SEC. 756. Any person to whom such writ is directed shall make due return thereof within three days thereafter, unless the party be detained beyond the distance of twenty miles; and if beyond that distance and not beyond a distance of a hundred miles, within ten days; and if beyond the distance of a hundred miles, within twenty days. SEC. 757. The person to whom the writ is directed shall certify to the court, or justice, or judge before whom it is returnable the true cause of the detention of such party. SEC. 758. The person making the return shall at the same time bring the body of the party before the judge who granted the writ. SEC. 759. When the writ is returned, a day shall be set for the hearing of the cause, not exceeding five days thereafter, unless the party petitioning requests a longer time. SEC. 760. The petitioner or the party imprisoned or relegations, amend- strained may deny any of the facts set forth in the return, or may allege any other facts that may be material in the case. Such denials or allegations shall be under oath. The return and all suggestions made against it may be amended, by leave of the court, or justice, or judge, before or after the same are filed, so that thereby the material facts may be ascertained. ments. Idem. Summary hearing; disposition of party. Idem. State attorney SEC. 761. The court, or justice, or judge shall proceed in a summary way to determine the facts of the case, by hearing the testimony and arguments, and thereupon to dispose of the party as law and justice require. In cases inSEC. 762. When a writ of habeas corpus is issued in the volving the law of nations notice case of any prisoner who, being a subject or citizen of a to be served on foreign state and domiciled therein, is committed, or confined, or in custody, by or under the authority or law of any one of the United States, or process founded thereon, on account of any act done or omitted under any alleged general. Aug. 29, 1842, v. 5, p. 539. right, title, authority, privilege, protection, or exemption claimed under the commission or order or sanction of any foreign state, or under color thereof, the validity and effect whereof depend upon the law of nations, notice of the said proceeding, to be prescribed by the court, or justice, or judge at the time of granting said writ, shall be served on the attorney-general or other officer prosecuting the pleas of said State, and due proof of such service shall be made to the court, or justice, or judge before the hearing. cases of habeas SEC. 763. From the final decision of any court, justice, Appeals in or judge inferior to the circuit court, upon an application corpus to circuit for a writ of habeas corpus or upon such writ when issued, an appeal may be taken to the circuit court for the district in which the cause is heard: 1. In the case of any person alleged to be restrained of his liberty in violation of the Constitution, or of any law or treaty of the United States. 2. In the case of any prisoner who, being a subject or citizen of a foreign state, and domiciled therein, is committed or confined, or in custody by or under the authority or law of the United States, or of any State, or process founded thereon, for or on account of any act done or omitted under any alleged right, title, authority, privilege, protection, or exemption, set up or claimed under the commission, order, or sanction of any foreign state or sovereignty, the validity and effect whereof depend upon the law of nations, or under color thereof. That section seven hundred and sixty-four of the Revised Statutes be amended so that the same shall read as follows: "From the final decision of such circuit court an appeal may be taken to the Supreme Court in the cases described in the preceding section." court. v. 5, p. 539; Feb. 5, 1867, s. 1, v. 14, p. 385; Mar. 27, 1868, s. 2, v. 15, p. 44. Mar. 3, 1895. 23 Stat. L., 437. Appeals to Suhabeas corpus preme Court in cases. Substitute for R. S., sec. 764; R. S., sec. 763; 1891, Mar. 3, ch. 517, p. 901; 114 U. S., 564; 117 U. S., 241; 119 U. S.,586; 121 U.S., 89. taken. SEC. 765. The appeals allowed by the two preceding sec- Appeals, how tions shall be taken on such terms, and under such regula- Aug. 29, 1842, tions and orders, as well for the custody and appearance 5, 1867, s. 1, v. 14, v. 5, p. 539; Feb. of the person alleged to be in prison or confined or restrained p. 385. of his liberty, as for sending up to the appellate tribunal a transcript of the petition, writ of habeas corpus, return thereto, and other proceedings, as may be prescribed by the Supreme Court, or, in default thereof, by the court or judge hearing the cause. See act Mar. 3, SEC. 766. Pending the proceedings or appeal in the cases Pending proceedings in cermentioned in the three preceding sections, and until final tain cases, action judgment therein, and after final judgment of discharge, by State authorany proceeding against the person so imprisoned or con- Idem. fined or restrained of his liberty, in any State court, or by 1893, amending or under the authority of any State, for any matter so heard this section. and determined, or in process of being heard and determined, under such writ of habeas corpus, shall be deemed null and void. Mar. 3, 1893. That section seven hundred and sixty-six of the Revised 27 Stat. L., 751. Statutes be amended by adding thereto, at the end of said Habeas corpus section, the following words: cases; appeals to be taken in six months. "Provided, That no such appeal shall be had or allowed R. S., sec. 766. after six months from the date of the judgment or order complained of." See note 1. Mar. 3, 1891. 26 Stat. L., 1095. tries. SEC. 2289. Every person who is the head of a family, or who has arrived at the age of twenty-one years, and is a Who may make citizen of the United States, or who has filed his declaration homestead en of intention to become such, as required by the naturalizaSubstitute for tion laws, shall be entitled to enter one-quarter section, or a S., secs. 2289, less quantity, of unappropriated public lands, to be located 1890, May 2, ch. in a body in conformity to the legal subdivisions of the 182, s. 20, p. 729; May 20, 1862, s. 1. public lands; 2290. v. 12, p. 392; Feb, 11, 1874, ch. 25, v. 18, p. 15. Owner of over But no person who is the proprietor of more than one 160 acres to ac- hundred and sixty acres of land in any State or Territory, 1890, Aug. 30, shall acquire any right under the homestead law. quire no rights. ch. 837, par. 3, P. 791. Adjoining farm entries. R. S., sec. 2306. Persons in military or naval And every person owning and residing on land may, under the provisions of this section, enter other land lying contiguous to his land, which shall not, with the land so already owned and occupied, exceed in the aggregate one hundred and sixty acres. SEC. 2293. In case of any person desirous of availing service, when himself of the benefits of this chapter; but who, by reason and before whom of actual service in the military or naval service of the Mar. 21, 1864, s. United States, is unable to do the personal preliminary to make affidavit. 4, v. 13, p. 35. acts at the district land-office * * *; and whose family, or some member thereof, is residing on the land which he desires to enter, and upon which a bona-fide improvement and settlement have been made, such person may make the affidavit required by law before the officer commanding in the branch of the service in which the party is engaged, which affidavit shall be as binding in law, and with like penalties, as if taken before the register or receiver; and upon such affidavit being filed with the register by the wife or other representative of the party, the same shall become effective from the date of such filing, provided the application and affidavit are accompanied by the fee and commissions as required by law. Note 1.-As to the court to which appeals should be taken in habeas corpus cases, see 1891, Mar. 3, ch. 517, secs. 5, 6 (1 Supp. R. S., 903), and 144 U. S., 47. lands not to be SEC. 2296. No lands acquired under the provisions of this, Homestead chapter shall in any event become liable to the satisfaction subject to prior of any debt contracted prior to the issuing of the patent day 20, 1862, s. therefor. debts. 4, v. 12, p. 393. amount entered SEC. 2298. No person shall be permitted to acquire title Limitation of to more than one quarter-section under the provisions of for homestead. this chapter. That from and after the passage of this act no public lands of the United States, except those in the State of Missouri shall be subject to private entry. May 20, 1862, s. 6, v. 12. p. 393. Mar. 2, 1889. 25 Stat. L., 854. No public lands except in Missouri subject hereafter to private entry. R. S., secs. 23533762. June 22, 1874, ch. 422 and note, p. 40; Mar. 3, 1891, ch. 561, s. 9, p. 943. notwithstanding fected entry. SEC. 2. That any person who has not heretofore perfected "Homestead entitle to a tract of land of which he has made entry under try may be made, the homestead law, may make a homestead entry of not former unper exceeding one-quarter section of public land subject to R. S., sec. 2298. such entry, such previous filing or entry to the contrary Mar. 3, 1891, notwithstanding; but this right shall not apply to persons 942. who perfect title to lands under the pre-emption or homestead laws already initiated; ch. 561, s. 5, p. stead entry. Provided, That all pre-emption settlers upon the public Pre-emption lands whose claims have been initiated prior to the passage initiated may settlers already of this act may change such entries to homestead entries change to homeand proceed to perfect their titles to their respective claims R. S., sec. 2301. under the homestead law notwithstanding they may have, 3, 1891, ch. 561, s. 6, p. heretofore had the benefit of such law, but such settlers 943. who perfect title to such claims under the homestead law See note 1. shall not thereafter be entitled to enter other lands under the pre-emption or homestead laws of the United States. That section three of the said Act of March second, eighteen hundred and eighty-nine, be amended by adding thereto the following provision: Dec. 29, 1894. 28 Stat. L., 599. Public lands. forfeited. See note 2. That if any such settler has heretofore forfeited his or her entry for any of said reasons, such person shall be per- ter, if former onmitted to make entry of, not to exceed a quarter section on try unavoidably any public land subject to entry under the homestead law, Mar. 2, 1889, ch. and to perfect title to the same under the same conditions 381, s. 3 (1 Supp. R. S., 683). in every respect as if he had not made the former entry. SEC. 5. That any homestead settler who has heretofore entered less than one-quarter section of land may enter other and additional land lying contiguous to the original entry, which shall not, with the land first entered and proof. occupied, exceed in the aggregate one hundred and sixty R.S., secs. 2304– acres without proof of residence upon and cultivation of Mar. 3, 1891, s. the additional entry; and if final proof of settlement and 5, ch. 561, p. 942. Note 1.-The pre-emption law was repealed by act of March 3, 1891. (Chap. 561, sec. 4, p. 942.) Note 2.-The act of July 1, 1879, settlers were protected from absence of one year in consequence of the destruction of crops by grasshoppers. Previous acts permitting settlers to be absent from their lands in specified years, on account of injury by the grasshoppers, are as follows: June 18, 1874, ch. 308, December 28, ch. 10, 18 Stat. L., 81. 294; May 20, 1876, ch. 102, June 19, ch. 134; March 3, 1877, ch, 127, 19 Stat. L., 54, 59, 405; June 1, 1878, ch. 148, and June 14, ch. 190, 20 Stat. L., 88, 113. Homestead set tlers on less, may enter up to one quarter section without further 2309. -only owners and occupants. -not permitted if original entry be void. Persons enti. tled to home. cultivation has been made for the original entry, when the additional entry is made, then the patent shall issue without further proof: Provided, That this section shall not apply to or for the benefit of any person who at the date of making application for entry hereunder does not own and occupy the lands covered by his original entry: And provided, That if the original entry should fail for any reason, prior to patent or should appear to be illegal or fraudulent, the additional entry shall not be permitted, or if having been initiated shall be canceled. SEC. 6. That every person entitled, under the provisions steads who have of the homestead laws, to enter a homestead, who has heremade proof, etc., tofore complied with or who shall hereafter comply with ter quarter sec- the conditions of said laws, and who shall have made his Mar. 3, 1891, ch. final proof thereunder for a quantity of land less than one for less, may en tion, etc. 561, s. 5, p. 942. Patent not to issue without residence. Soldiers' certificates not af fected. hundred and sixty acres and received the receiver's final receipt therefor, shall be entitled under said laws to enter as a personal right, and not assignable, by legal subdivisions of the public lands of the United States subject to homestead entry, so much additional land as added to the quantity previously so entered by him shall not exceed one hundred and sixty acres: Provided, That in no case shall patent issue for the land covered by such additional entry until the person making such additional entry shall have actually and in conformity with the homestead laws resided upon and cultivated the lands so additionally entered and otherwise fully complied with such laws: Provided, also, That this section shall not be construed as affecting any rights as to location of soldiers' certificates R.S., secs. 2304, heretofore issued under section two thousand three hundred and six of the Revised Statutes. 2309. What minors may have the chapte.. Ibid. SEC. 2300. No person who has served, or may hereafter privileges of this serve, for a period not less than fourteen days in the Army or Navy of the United States, either regular or volunteer, under the laws thereof, during the existence of an actual war, domestic or foreign, shall be deprived of the benefits of this chapter on account of not having attained the age of twenty-one years. Mar. 3, 1891. Homestead en teen months' res idence. SEC. 6. That section twenty-three hundred and one of 26 Stat.L., 1095. the Revised Statutes be amended so as to read as follows: try may be com- "SEC. 2301. Nothing in this chapter shall be so construed muted after four- as to prevent any person who shall hereafter avail himself of the benefits of section twenty-two hundred and eighty Substitute for nine from paying the minimum price for the quantity of land so entered at any time after the expiration of fourteen calendar months from the date of such entry, and obtaining a patent therefor, upon making proof of settlement and of residence and cultivation for such period of fourteen months." R. S., sec. 2301. Soldiers' and sailors' homestead. June 8, 1872, s. 1, v. 17, p. 333. SEC. 2304. Every private soldier and officer who has served in the Army of the United States during the recent rebellion, for ninety days, and who was honorably discharged, and has remained loyal to the Government, in |