National Republican. (Washington City (D.C.)) 1872-1888, 1874-04-11
b GENERAL NArURE-No. 1871


AN ACT to amend the act entitled San act to
encourage the growth of timber on Western
prairies."
Be il enacted By the Senate and House of Rep
reSentatives of tie United States of America In
Congress assembled, That the act entitled Gan
act to encourage the growth of timber on
Western prairies," approved March third,
eighteen hundred and seventy-three, be, and
the same ia hereby, amended so as to read
as follows: That any person who is the head
OF family or who has arrived at the age of
twenty-one years, and is citizen of the United
States, or who shall have fled his declaration
q intention to become such, as required by the
naturalization laws of the United States, who
shall plant, protect, and keep in a healthy
growing condition for eight years, forty acres
of timber, the trees thereon not being more
than twelve feet apart each way, on any quar-
ter-sectien of any of the public lands of the
United States, or twenty. acres on any legal
subdivision of eighty acres, or ten acres on any
legal subdivision of forty acres, or one-fourth
part of any fractional subdivision of land less
than forty acres, shall be entitled to patent
for the whole of said quarter-section, or of such
legal subdivision of eighty or fS-ty acres, or
fractional subdivision Of less than forty acres,
as the case may be, at the expiration of said
eight years, on making proof of such fact by
not less than two credible witnesses: Provided,
That not more than one-quarter of any section
shall be thus granted, and that no person shall
make more than one entry under the provisions
of this act, unless fractional subdivisions of
less than forty acres are entered which, in the
aggregate, shall not exceed one quarter section.
Sec. Q. That the person applying for the ben
eft of this act shall, upon application 10 the
register of the land district in which he or she
is about to make such entry, make affidavit be-
fore the register, or the receiver, or some officer
authorized to administer oaths in the district
where the land is situated, who Is required by
law to use official seal, that said entry is made
forthe cultivation of timber, and upon filing said
affidavit with said register and said receiver, and
onpayment of ten dollars, he or she shall there
upon be permitted to enter the quantity of land
specified; and the party making an entry of a
quarter-section under the provisions of this act
shall be required to break ten acres Of the land
covered thereby the first year, ten acres the
second year, and twenty acres the third year
after date of entry; and to plant ten acres of
timber the second year, ten acres the third year,
and twenty acres the fourth year after date of
entry. Aparty making an entry of eighty acres
shall break and plant, at the times hereinhe-
fore prescribed, one-half Of the quantity re-
quired of the party who enters a quarter-sec-
ton, and party entering forty acres shall
break and plant, at the times hereinbefore pre-
scribed, one-quarter of the quantity required of
a party who enters quarter-section, or pro-
portionate quantity for any smaller fractional
subdivision: Provided, hoVever, That no final
certificate shall be given or patent issued for
the land 90 entered until the expiration of eight
years from the date of such entry; and If at
the expiration of such time, or at any time
within five years thereafter, the person max
ing such entry, or If he or shD be dead, bis or
her heirs or legal representatives shall prove,
by two creditsble witnesses, that he. or she, or
they have planted, and, for not less than eight
years, have cultivated and protected such
quantity and character of timber as aforesaid,
they shall receive patent for such quarter
section or legal subdivision Of eighty or forty
acres of land, or for any fractional quantity of
less than forty acres, as herein provided. And
In case of the death of person who has COM
piled with the provisions of this act for the
period of three years, his heirs or legal repre-
sentatiyes shall have the option to comply with
the provisions of this act, and receive, at the
expiration Of eight years, patent for one
hundred and sixty acres, or receive without
delay patent for forty acres, relinquishing all
claim to the remainder. '..-'-,.'
]. Sec. 8. That If at any time after the filing
of said affidavit, and prior to the issuing of the
patent for said land, the claimant shall aban-
don the land, or fail to do the breaking and
planting required by this act, or any part
thereof, or shall fail to cultivate, protect, and
keep In good condition such timber, then, and
IA suos oNcnt, odCu lauu snail % suVJeSe "
entry under the homestead laws, or by some
other person under the provisions of this act;
Provided, That the party making claim to saia
land, either as homestead settler or un1sl
this act, shall give, at the time OF nhng us
application, such notice to the original ciaan-
ant as shall be prescribed BY the rqles e
tablished BY the Commissioner OF tne 1en nssn
Land Office, and the rights Of tne Parses 'uAi4
be determined as in other contested cases.
Sec. 4. That each and every person who, un-
provisions q the sss sn ser. ON t ass
s ~ ss'S Sonnain.n approved May twentieth,
Eighteen ib hundred and sixty-two, or any
snnendmont thereto, having 2 Homestead . on
said public domain wnS - any S se r s
thereon shall, in addition to the settlement and
iinnroyenlents now required by law, have had
under cultivation, for two years, one acre OF
timber, the trees thereon not being more than
twelve feet apart each way, and In coed
thrifty condition, for each and every sixteen
acres of said homestead, shall, upon due proof