Fayette County herald. [volume] (Washington [Washington Court House], Fayette County, O. [Ohio]) 1860-1???, 1874-04-30
OFFICIAI..
Laws OF the United states Passed at
the First Session of the FOrty-Third
Congress.

Laws OF the United states Passed at |
the First session of the FOrty-Third
Congress-
AN ACT to amend an act entitled "An act |
to encourage the growth of timber on west
ern praires."
Be Il enacted by the Senate and House Of Rep |
TeseHfatiUes Of The United States o. AmeTicd an
Congress assembled, That the act entitled An
act to ineourage the CROWN OF TIMBER on west
ern prairies, - approved March third, eighteen
hundred and seyenty-three, be, and the same
is 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 a citizen of the United States,
or who shall have filed his deelarat ton of in
tention to become such, required by the
naturalization laws Of the Uuited States, who
shall plant, protect, and keep in healthy,
growing condition for eight years, forty acres
of timber, the trees thereon not being more
than twelve feet apart each way, on any
quarter.section of any of the puplic lands of
the United States, or twenty acres Of any le-
gal 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
a patent for the whole of said quarter section,
or Of such LEGAL subdivision of eighty or forty
acres, or fractional subdivision of less than
forty acres, as the case may be, at the explra-
ton of said eight years, on making proof of
such fact by not less than two creditable wit
nesses: 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. 2. That the person applying for the
benefit of this act shall, upon application to
the register Of the land-district in which he or
she Is about to make such entry, make affida-
Wit before the register, or the receiver, or some
officer authorized to administer oaths in the
district where the land is situated, who is re-
quired by law to use an official seal, thet said
entry is made for the cultivation of timber,
and upon filing said affidavit with said regis
ter and said receiver, and on payment of ten
dollars, he or she shall thereupon be permit
ted to enter the quantity of land specified; and
the party making entry of a quarters sec
tion 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 tim
Der the second year, ten acres the third year,
and twenty acres the fourth year after date OF
entry. A party making an entry Of eighty
acres shall break and plant at the times here
inbefsre prescribed, one half of the quantity
required of party who enters q quarter
ton, and party entering forty acres shall
break and plant, at the times hereinbefore pre-
seribed, one-quarter of the quantity required
of party who enters q quarter section. or
proportionate quantity for any smaller frac
tional subdivision: Provided, hOsOeuer, that nc
final certificate shall be given or patent issued
for the land so entered until the expiration o.
eight years from the date of such entry; and, il
at the expiration of such time, or at any time
within five years thereafter, the person max
ing such entry, or if he or she be dead his ol
bairo ,toEsr Ill
by two ereditable witnesses, that he, or she
or they have planted, and, for not less thar
eight years, have cultivated and protected
such quantity and character of timber al
aforesaid, they shall receive patent for suct
quarter-section or legal subdivision of eighty
or forty acres of land, or for any frae etiona
quantity or less than forty acres, as herei1
provided. And in case of the death of per
son who has complied with the provisions o
this act for the period of three years, his heir
or legal representatives shall have the optiol
to comply with the provisions of this act, anC
receive, at the expiration of eight years, pa
tent for one hundred and sixty acres, or re
eelve without delay patent for forty acres
relinquishing all claim to the remainder.
Sec. 3. That if at any time after the film
of said affidavit, and prior to the issuing c
the patent for said land the claimant sha1
abandon the land, or fail to do the breakin
and planting required by this act, or any par
thereof, or shall fail to cultivate, protect an,
keep in good condition such timber, then, an,
in that event, such land shall be subject t.
entry under the homestead laws, or by som
other person under the provisions of this act
PTOuided, That the party making claim t.
said land, either as a homestead settler or un
der this act, shall give, at the time of filing hi
application, such notice to the original claim
ant as shall be prescribed by the rules estab
lished by the Commissioners of the Genera
Land Office, and the rights of the parties shal
hp datarrnfupH NJ a n other fa1
SEQ. A. That each and every person who
under the provisions of the act entitled CA
act to secure homesteads to actual settlers o.
the public domain approved May twentieth
eighteen hundred and sixty-twO, or an
amendment thereto, having a homestead O
said public domain. who, at any time aft
the end of the third year of his or her res
dence thereon shall, in addition to the settl
ment and improvements now required by Law
have had under cultivation, for two years, OF
acre of timber, the trees thereon not bein
more than twelve feet apart each way, and
q good thrifty condition, for each and ever
sixteen acres of said homestead, shall upc
due proof of such fact by two creditable wi
nesses receive his or her patent for said hom
stead.
Sec. 5. That no land acquired under th
provisions of this act shall in any event b
come liable to the satisfaction of any debt {
debts contracted prior to the issuing of certi1
cate therefor.
Sec. 6. That the Commissioner of Il
General Land Office is hereby required to DR.
pare and isure such rules and regulations, CO
sistent with this act, as shall be necessary al
proper to carry It's provisions into effect; ar
that the registers and the receivers of the Sc
eral land offices shall each be entitled to l
eeive two dollars at the time of entry, and t
same sum when the claim is finally esta blish
and the final certificate issued
SEC. Z. That the fifth section of the act e
titled ''An act in addition to an act to puni
crimes against the United States, and for OF
er purposes" approved March third, eig
teen hundred and fifty-seven, shall extend
all oaths, afirmations, and afidavits requir
or authorized by this act.
SEC. 8. That parties who have alrea
made entries under the act approved Mar
third, eighteen hundred and seventy-three,
which this is amendatory, shall be permit
to complete the same upon full complain
with the provisions of this act
Approved, March 13, 1874.