The Wichita city eagle. [volume] (Wichita, Kan.) 1872-1883, 1878-07-04

fy acres, or TWO ana one nail acres on
any legal subdivision of forty acres.or
less, shall be entitled to patent for
the whole of said quarter section, or
such legal subdivision of eighty or
forty 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 witness
es, and full compliance of the furthe
conditions as provided in section two:
Provided further, That not more than
one quarter of any one section shall
be thus granted, and that no person
shall make more than one entry under
the provisions of this act.
SEC. 2. That the person applying
for the benefits 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 affidavit before
the register or the receiver, or the
clerk of some court of record, or Off
Ger authorized to administer oaths in
the district where the land is situated;
which affidavit shall be as follows, to
wit having filed my ap
plication, number =, for an entry I'M
der the provisions of an act entitled
can act to amend an act entitled IAN
act to encourage the growth of timber
on the western prairies,'" approved
1877, do solemnly swear(or
ssiifm) that am the head of family
Tor over twenty-one years Of age) and
q citizen of the United States Tor have
declared my intention to become such)
that the section Of land specified in
my said application is composed ex-
clusively Of prairie lands, or other
lands devoid of timber; that this fill
ing and entry is made for the cultiya-
ton of timber, and for my own exclu-
sive use and benefit; that have made
the application in good faith, and not
for the purpose Of speculation, or di-
rectly or indirectly for the use or ben
eft of any other person or persons
whomsoever that intend to hold
and cultivate the land, and to fully
comply with the provisions of this
said act and that have not hereto
fore made an entry under this act, or
the acts of which this is amcndatory.
And upon filing said affidavit with
said register and said receiver and on
payment of ten dollars, if the tract
applied for is more tdan eighty acres /;
and five dollars if it is eighty acres or
less, he or she shall thereupon be per-
mitted to enter the quantity of land
specified /; and the party making an
entry of quarter section under the
provisions of this act shall be required
TO break or pillow five acres covered
thereby the first year, Eve acres the
second year, and to cultivate to crop
or otherwise 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 in timber,
seeds, or cuttings the five acres first
broken or plowed, and to cultivate
and put in crop or otherwise the re-
naming five acres, and the fourth year
to plant in timber, seeds, or cuttings
the remaining FIVE acres. All entries
of less quantity than one quarter Sec
ton shall be plowed, planted, cultivat-
ed and planted to trees, tree-seeds, or
cuttings, in the same manner and In
the same proportion as hereinbefore |
provided for quarter section. Pro-
rfded h0srever, That in case such trees,
seeds, or cuttings, shall be destroyed |
by grasshoppers, or by extreme and
unusual drouth, for any year or term
of years, the time for planting such |
trees, seeds, or cuttings shall be ex-
tended one year for every such year
hey shall be so destroyed: Prorided |
further, That the person making such |
,ntry shall, before he or she shall be
entitled to such extension of time, file |
with the register and the receiver of
he proper land Office an affidavit, cor
'oborated by two witnesses, setting
orth the destruction of such trees,
md that, in consequence of such de-
;truction, he or she is compelled to
lsk an extension of time, in accord
nee with the provisions of this act:
Ind provided further, That 10 final
certificate shall be given, or patent is
ued, for the land so entered until the
expiration of eight years from the
late of such entry: and if, at the ex-
iration of such time, or at any time
within five years thereafter, the per-
on making such entry, or, if he or she
e dead, his or her heirs or legal rep
esentatives, shall prove by two credi-
lie witnesses that he or she or they
ave planted, and, for not less than ,
light years, have cultivated and pro-
eeted such quantity and character of
rees as aforesaid; that not less than
200 trees were planted on each acre
nd that at the time of making such
roof that there shall be then growing ,
t least 675 living and thrifty trees to
ath acre, they shall receive a patent ,
Or such tract of land.
SEC. 8. That if at any time after the /,
ling of said affidavit. and prior to the
ssuing of the patent for said land, the
shall fail TO comply with any
f the requirements of this act, then
nd in that event such land shall be
ubject TO entry under the homestead
.ws, or by some other persons under I
De provisions of this act. Provided !,
hat the party making claim to such
md. either as homestead-settler, or {.
nder this act, shall give at the same I,
me Of filing his application, such no.
ce TO the original claimant as shall a
e prescribed by the Commissioner of
ie General Land Office; and the
ghts of the parties shall be deter g
incd as in other contested cases. r
SEC. 4. That no land acquired I'M n
n the provisions of this act shall in Il