The Worthington advance. [volume] (Worthington, Minn.) 1874-1908, 1878-07-04
THE TREE BILL,
TEXT OF THE TIMER CULTURD ACT!
-, AS FINALLY PASSED. ~
An Act to amend an act entitled IAN
act to encourage the growth Of tim
Der on the Western Prairies. ~


four, he and the same, is hereby amend
ed so rs to read as follows: That any
person who is the head of family3
or any one who has arrived at the age
OF twenty-one years, and is a citizen of
the United States, or who shall have
filed his declaration of intention to be-
come such, as required 10y the natural
ization laws Of the United States, who
shall plant, protect, and keep III Il heal
thy, growing condition for eight years
ten acres of timber, on any Quarter-sec-
tion of any of the public lands of the
United States, or five acres Oh any le-
gal subdivision Of eighty acres, or two
and one half acres Oh any lega! subdl-
vision of forty acres or less. shall be en-
titled to Il patent for the whole Of said
quarter-section, or of such legal subdi-
tional subdivision of less than forty
acres, as the case may be, at the expi-
ration of said eight years, OH making
credible witnesses, and II full compli-
ance of the further conditions rs pro-
vided in section two: P'Orided further,
That not more than one quarter OF any
section shall he thus granted, and that
ITO IeISOu SIlstlA uAdho A4oAo etitH VIIo
entry under the provisions of this act.
SEC 2. That the person applying for
the benefits of this act shall, upon ap-
plication to 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 au-
thoriZed to administer oaths in the dis
trict where the land IS situated; which
affidavit shall lie as follows, to wit: l,
---, having filed my applica-
tisn, number -, for an entry under the
provisions Of an act entitled IAN act
to amend IN act entitled AN act to en-
courage the growth OF timber OIL the
Western Prairics' approved -
- 1877, do solemnly swear Tor affirm
that am the head OF a family Tor over
twenty-one years OF agc), and q citizen
of the United States or have declared
my intention to become such); that the
section Of land specified III my said APP
plication is composed exclusively of
prairie lands, or other lands 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 for the purpose
Of speculation, or directly or indirectly
for the use or benefit of amy other per-
son or persons Whomsoever; that in
t,nd to hold and cultivate the land,
and to fully comply with the provisions
of this said act; and that have not
heretofore made all entry under this
act, or the acts to which this is amend
atory. And upon filing said affidavit
with said register and said receiver and
on payment Of ten dollars, if the tract
applied for is more than eighty acres;
and five dollars if 1t is eighty acres or
less, he Or she shall tllereupon lie per.
mitted to enter the quantity Of land
specified; and the party making an ell
try of Il quarter-section under the pro.
visions OF this act shall be required to
break or plow five acres covered there,
by the first year, five acres the second
year, and to cultivate to crop or other
wise the five acres broken or plowed
the first year; the third year he or she
shall cultivate to crop or otherwise the
| five acres broken the second year, and
| to plant III timber, seeds, or cuttings
the five acres first broken or plowed
and to cultivate and put in crop or 9th
| erwise the remaining five acres, and the
| fourth year to plant in timber, seeds, OF
cuttings the remaining five acres. AL
entries of less quantity than one quar-
ter-section shall be plowed, planted
cultivated and planted to trees, tree
seeds, or cuttings, III the same manner
and III the same proportion as lereinbe
fore provided for q quarter section
Provided, ho1cercr, That in case sucl
trees, seeds, or cuttings shall he de
stroyed by grass'oppers, or 10y extreme
and unusual drouth, for any year OF
term of years, the time for plaintiff {
such trees, seeds, or cuttings shall It
extended one year for every such yea
that they are so destroyed: Plorult {
! further, That the person making Sucl
entry shall, before he or she Shall tt
entitled to such extension of time, filt
with the register and receiver of the
proper land-olice an affidavit, corrob
GRATED by two witnesses, setting fortl
the destruction of such trees, and that
in consequence of such destruction, liz
or she is compelled to ask an extension
of time, in accordance with the proyis
ions of this act: And prorit1ed further
That no final certificate shall be given
or patent issued, for the land so enter
ed until the expiration Of eight year:
from tie date Of such entry; and if, Al
the expiration of such time, or at any
time within five years thereafter, tin
person making such entry, or, if he O.
she be dead, his or her heirs or lega
representatives, shall prove by tW(
credible witnesses that lie Or she or the,
have planted, and, for not less thai
eight years, have cultivated and pro
tected such quantity and character O
trees as aforesaid; that not less than
twenty-seven hundred trees were plant
ed on each acre and that at the time O.
making such proof that there shall b,
then growing at least six hundred ant
seventy-fiye living and thrifty trees t.
eacl. acre, they shall receive patent
for such tract of land.
Sec 3. That if ut any time after til.
filing of said affidavit, and prior to til,
issuing of the patent for said land, tn,
claimant shall fail to comply with an,
of the requirements Of this act, thei
and in that event such land shall b
subject to entry under the homestead
laws, or by some other person unde
the provisions of this act. Proritled
That the party making claim to s;.i'
land, either us a homestead settler, O.
under this act, shall give at the time Q
filing his application, such notice t.
the original claimant us shall be pre-
scribed by the rules established by TIL
Commissioner Of the General Land-Ot
flee; and the rights of the parties sl,al
lie determined as in other conteste'
cases.
SEC 4. That no land acquired unde
the provisions of this act shall, in an
event, become liable to the satisfaction
Of any debt or debts contracted prior t
| the issuing Of the final certificate there
for.
| SEC 5. That the Commissioner of til
General Land Office is hereby require,
to prepare and issue such rules and reg
ulations, consistent with this act, a
shall be necessary and proper to carr
it's provisions into effect; and that til
registers and receivers of the severa
land-of1ices shall each be entitled t
receive two dollars ut the time of entry
and the like sum when the claim is f
naIlV established and the final certil