Arizona citizen., 1873-08-09
CULTIVATION OF TIMBER.

avalllng themselves of the benefits ot
 the law of Congress to encourage the
 growth of timber on the public lands,
 we regard it advisable to herewith
 present the law and latest official con-
 struction of it, in an accessible form !:
 Be it enacted by the Senate and House of
 Representatives of the United States of
 America in Congress assembled, That any person who shall plant, protect, and keep in healthy growing condition for ten years, forty acres of timber, the trees there
 on not being more than twelve feet apart each way, on any quarter section of any of the public lands of the United States, shall be ntitled to patent for the whole of said quarter section at the expiration of said ten years, on making proof of such | fact by pot less than two credible wit | nesses: Provided, That only one quarter in any section shall be thus granted.
 Sec. 2. That the person applying for the benefit of this act shall, upon application to the register of the land-o office in which he or she is about to make such entry, make affidavit before said register or re- ceiver that said entry is made for the cul- tivation of timber, and upon filling said affidavit with said register and receiver, and on payment of ten dollars, he or she shall thereupon be permitted to enter the quantity of land specified: Provided, how ever, That no certificate shall be given or patent issue therefor until the expiration of at least ten years from the date of such entry and if at the expiration of such time, or at any time within three years thereafter, the person making such entry, or if he or she be dead his or her heIrs or legal representatives, shall prove by two credible witnesses that he, she, or they have planted and for not less than ten years have cultivated and protected such quantity and character of timber as aforesaid, they shall receive the patent for such quarter section of land
 Sec. 3. That if at any time after the filing of said affidavit, and prior to the issuing of the patent for said land, it shall be proven, after due notice to the party making such entry and claiming to cul- tivate such timber, to the satisfaction of the register of the land-otfice, that such person has abandoned or failed to cultivate, protect, and keep in good condition such timber, then, and in that event, said land shall revert to the United States.
 Sec. 1. That each and every person who, under the provisions of an act entitled "An act to secure homesteads to actual settlers on the public domain," approved May twentieth, eighteen hundred and sixty two, or any amendment thereto, having home stead on said public domain, who, at the end of the third year of his or her resi- dence thereon, shall have had under cu!tiva- tion, for two years, one acre of timber, the trees thereon not being more than twelve feet apart each way. and in a good, thrifty condition, for each and every sixteen acres of said homestead, shall, upon due proof of said fact by two credible witnesses, re- ceive his or her patent for said homestead.
 Sec. 5. That no land acquired under provisions of this act shall. in any event, become liable to the satisfaction of any debt or debts contracted prior to the issuing of patent therefor.
 Sec 6. That the Commissioner of the General LandOfhce is hereby required to prepare and issue such ruIes and regula- tions, consistent with this act, as shall be necessary and proper to carry it's provis.- sions into effect; and that the registers and the receivers of the several land. of noes small De GHllJIcu u lSCCIFO tu0 Sdlu6 compensation for any lands entered under the provisions of this that they are now entitled to receive when the same quantity of land is entered with money.
 Sec. 7 That the fifth section of the act entitled "An act in addition to an act to punish crimes against the United States, and for other purposes" approved March third, eighteen hundred and fifty seven, shall extend to all oaths, afirmations, and afidavits required or authorized by this act.
 Approved, March 3, 1873.
 DEPARTMENT OF THE INTERIOR, ]
 GENERAL LAND OFFICE, WASHINGTON, D. C., June 30, 1873.
 Registers and Receivers, U. s. Land Ofices--Gentlemen: I have received numerous letters requesting 8 modifi- cation of the instructions issued by this office April 21, 1873, under the act of Congress approved March 3, 1873, entitled "an act to encourage the growth of timber on Western pral- ries."
 It is claimed that parties making entries under the first section of the act are entitled by its terms to three years to complete the planting of the nrescribed area with trees, and that they should not be limited to one year in the regulations. While it is true that the act does not specifically mention any particular time within which the planting shall be done by