Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1878-05-20
THE FORESTRY ACT.

x1kU p1e AOA sDAl
THE FORESTRY ACT.
Tect Of tho Bill to Encourage the GrosCth Of
Trees on Western Pratrfes.
The following is the full text Of the bill
passed by the House of Representatives as a
substitute for the Senate bill in reference to
tree planting:
That the act entitled ''An act to amend the
act entitled An act to encourage the growth of
timber on western prairies, approved March
18th, 1874, 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 citizen of the United States, or
who shall have filed his declaration to become
such, as required by the naturalization laws of
the United States, who shall plant, protect,
and keep in healthy, growing. condition for
eight years ten acres of timber, the trees there
on not being more than four feet apart each
way, on any quarter section of any of the pub
lie lands of the United States, or five acres on
any legal subdivision of eighty acres, or two
and one-half acres on any legal subdivision Of
forty acres, or one-eighth 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 forty acres, or fractional subdivis-
ion 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
conditions as provided in section 2. Provided
further, That not more than one-quarter of any
section shall be thus granted, and that no per-
son shall make more than one entry under the
provisions of this act, unless fractional subdi-
vision of less than forty acres are entered
which in the aggregate shall not exceed one
quarter section.
Sec. 2. That the persons applying for the
benefits of this act shall, upon application of
the register of the land district in which he or
she is about to make such entry, make affidavit
before the register or the receiver or the clerk
of some court of record, or officer authorized
to administer oaths in the district where the
land is situated; which affidavit shall be as fol-
lows:
II. ------ having filed my application,
number -, for an entry under the provisions
of an act entitled AN act to amend an act to
encourage the growth of timber on the western
prairies,' approved ---, 1877, do solemn
ly swear Tor af6rm) that am the head of q
family Tor over twenty-one years Of age) and a
my intention to become such); that the section
of land specified in my application is com.
posed exclusively of prairie lands naturally
devoid Of timber; that this filing and entry is
made for the cultivation Of timber and for my
own exclusive use and benefit; that have made
the said application in good faith and not fol
the purpose of speculation or directly or indi
rectly for the use or benefit of any other per
son or persons whomsoever; that intend tt
hold and cultivate the land and to fully compl,
with the provisions of this said act; and that
have not heretofore made an entry under thi!
act or the acts of which this is amendatory.''
And upon filing said affidavit with said reg
| 4nd rPco md rf I,
or she shall thereupon be permitted to ente
the quantity of land specified and the part,
making an entry Of a quarter section unde
the provisions of this act, shall be required t,
break or pillow five acres covered thereby tn,
first year, five acres the second year, and tt
cultivate to crop or otherwise the five acre
broken or Plowed the first year; the third yea
ne or she shall cultivate to crop or otherwise
the five acres broken the second year, and t,
plant in timber, seeds or cuttings, the five
acres first broken or plowed, and to cultivat
to crop or otherwise the remaining five acres
and the fourth year to plant in timber, seed
or cuttings, the remaining five acres. part,
making an entry Of eighty acres shall break O
plow, and plant, at the times hereinbefore pre-
scribed, one-half Of the quantity required of
party who enters a quarter section and a part,
| making an entry of forty acres shall break O.
pillow, and plant, at the times hereinbefor
prescribed, one-quarter of the quantity re
qulred OF party who enters quarter section
| or proportionate quantity for any smalle
fractional subdivision: Provided however
| that in case such trees, seeds, or cuttings shall
be destroyed by grasshoppers. or by extrem
and unusual drought, for any wear O
term of years, the time for planting such tim
Der, seeds, or cuttings shall be extended on
year for every such year that they are de
stroyed; Provided, That the person maxim,
| such entry shall, before he or she shall be en-
Titled to Rnch pYfQnaInn 0f Ia
register and the receiver of the proper land of
ice an affidavit corroborated by two witnesses
| setting forth the destruction of such timber
and that in consequence of such destruction h
or she is compelled to ask an extension of time
in accordance with the provisions of this act
And provided further, That no final certifcat
| shall be given or patent issued for the land s.
entered until the expiration of eight year
from the date Of such entry; and if at the ex
plration of such time, or at any time within
five years thereafter, the person making suc]
entry. or, if he or she be dead, his or her heir
or legal representatives, shall prove by tw
credible witnesses that he or she or thew hav
planted and for not less than eight years hav
cultivated and protected such quantity an,
character of timber aforesaid, and at tn
time OF making such proof that there shall b
then growing at least nine hundred living an,
thrifty trees to each acre, they shall receive
patent for such quarter section or legal subdi
'A9AO1A VI eighty VI AOIGy acres OF lana, or TO
any fractional quantity of less than forty acres
as herein provided.
Sec. 3. That if at any time after the film,
of said affidavit, and prior to the issuing of
patent for said land, said party shall fail to d
the breaking and planting required by this act
or any part thereof or shall fail to cultivate
protect, and keep in good condition such tim
Der, excepting such cases as are provided for +
this act, then, and in that event, such Ian,
shall be subject to entry under the homestea,
laws, or by some other person under the pro
visions of this act. Provided, That the part
! making claim to such land, either as home
stead settler or under this act shall give, a
the time of filing his application, such motto
| to the original claimant as shall be prescrihe
by the rules established by the COMMISSIONS
| of the general land Office, and the rights of tn
parties shall be determined as in other con
| tested cases.
Sec. 4. That no land acquired under tn
| provisions of this act shall, in any event, be
come liable to the satisfaction of any debt o
certificate therefor.
Sec. 5. That the commissioner of the gen
eral land Office is hereby required to prepar
| and issue such rules and regulations, consisten
with this act, as shall be necessary and prope
to carry its provisions into effect; and that tn
registers and receivers of the several land office
shall each be entitled to receive So at the tim
of entry, and the like sum when the claim
finally established and the final certifcat
! issued.
| Sec. 6. That the fifth section of the act en-
titled IAN act in addition to an act to punis
crimes against the United States, and for othe
purposes, approved March 8, 1857, shall ez
tend to all oaths, affrmations, and afidavits Re
quired or authorized by this act.
Sec. Z. That parties who have already mad
entries under the acts approved March 5, 1873
and March IS, 1874, of which this is amenda
tory, shall be permitted to complete the sam
upon full compliance with the provisions o
this act; that is, they shall, at the time of max
ing their final proof, have had under cultiva
ton, as required by this act, an amount q