The Emporia news. [volume] (Emporia, Kan.) 1859-1881, 1878-07-19
Full Text of the Timber Culture Act

ana the same Is neFeDy dIueuuSu W
read as follows: That any person
who is head of a family, or whe
has arrived at the age of 2E years,
and is a citizen of the United States,
or has filed his declaration of inten-
ton to become such, as required by
the naturalization laws of the Uni
ted States, who shall plant, protect,
and keep in q healthy, growing
condition, for eight years ten acres
of timber on any quarter section OF
any of the public lands of the Uni
ted States, or five acres on any le-
gal subdivision of so acres, or 21a
acres on any legal subdivision of d.
acres, or fractional subdivision OF
less than 40 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, and a full compliance of
the further conditions as provided
in section two: Provided further,
that not more than one quarter OF
any section shall be granted, and
that no person shall make more
than one entry under the provisions
of this act.
SEC. 9 4 And
upon filing said affidavit with said
register and said receiver and on
payment of SO, if the tract applied
for is more thsn 80 acres and So il
it is so acres or less, he or she shall
be permitted to enter the quantity
of land specified and the party
making an entry of d section,
under the provisions OF this act
shall be required to break or pillow
five acres covered thereby the first
year, five acres the second year,
and to cultivate to crop or other
wise the five acres broken 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 cut
tings the five acres first broken or
ploWed, and to cultivate and put in
crop or otherwise the five acres still
remaining, and the fourth year to
plant in timber, seeds or cuttings
the remaining five acres. All en-
tries of less quantity than one quar-
ter section shall be plowed, planted,
cultivated and planted TO trees, tree
seeds or cuttings, in the same man
ner, and in the same proportion as
heretofore provided for quarter
section. Provided, however, 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 extended one
year for every such year that they
are destroyed: Provided further,
That the person making such entry
shall, before he or she shall be en-
titled to such extension of time,
file with the register and receiver
of the proper hnd-office an aftida-
Wit, corroborated by two witnesses,
setting forth the destruction of
such trees, and that, in consequence
of such destruction, he or she is
compelled to ask an extension of
time, in accordance with the pro-
visions of this act: And provided,
further, That no final certificate
shall be given or patent issued, for
the land so entered, until the expi-
ration of eight years from the time
of said entry; and if, at tho eXpira-
ton of such time, or any time
within five years thereafter,
the person making such entry,
or, if he or she be dead, his or her
heirs or representatives, shall prove
by two credible witnesses that he
or she or they have planted, and,
for not less than eight years, Guilt
waited and protected such quantity
and character of trees as aforesaid ;
that not less than 200 trees were
planted on each acre aud that at the
time of making such proof there
shall be then growing at least 675
living and thrifty trees to each acre,
they shalt receive a patent for such
tract of land.
SEC. 3. That if at any time after
the filing OF said affidavit, and pri-
or to the issuing of patent for said
land, the claimant shall fail to com
ply with any of the requirements
of this act, then and in that event
such land shall be subject to entry
under the homestead Laws, or by
some other person under the pro-
visions of this act. Provided, Thai
the party making claim to said land
either as homestead settler, or un-
der this act, shall at the time of fl
ing his application, give such notice
to the original claimant as shall be
prescribed by the rules established
by the Commissioner of the gener-
al land office; and the rights of the
parties shall be determined as in
other contested cases.
SEC. A. That no land acquired
under the provisions of this &C
shall, in any event, become liable tC
the satisfaction of any debt con
tracted prior to the issuing of the
final certificate therefor. .
SEC. 5. That the Commission
err of the General Land Office il
hereby required to prepare and is
sue such rules and regulations con
sistent with this act, as shall be nee.
essarv and proper to carry it's pro.
visions into effect; and that the
registers and receivers of the sever.
al land offices shall each be entitled
to receive two dollars at the tims
of the entry, and like sum when
the claim is finally established and
the final certificate issued.
SEC. 6. That the 9Th section o.
the act entitled, can act in addition
to an act to punish crimes against
the United States, and for othel
purposes" approved March Sd
1857, shall extend to all .oaths, affir.
nations, and: afidaVits required OF
authorized by this act. IL
SEC. z. That parties who have
already made entries under the acts
approved March Sd, 1873, and Mar
18th, 1874, of which this is amenda-
tory, shall be permitted to complete
the same upon compliance with the
provisions of this act; that is, they
shall, at the time of making their
final proof, have had under cultiva.
ton, as required by this act, an
amount of timber sufficient to make
the number of acres required by
this act. co. = :,
SEC. 8. All acts or parts of acts
=