The anti-monopolist. [volume] (Saint Paul, Minn.) 1874-1878, 1878-05-23
WHOLE NO. 2o2.

proper land Office an affidavit, corro-
bOrated by two witnesses, setting
forth the destruction of such timber.
and that in consequence of such de.
structiOn he or she is compelled to
ask an extension of time, in accord
ance with the provisions of this act:
And provided further, That no final
certificate shall be given or patent is
sued for the land so entered until the
expiration of eight years from the
date of such entry; and if at the expi-
ration of such time, or at any time
within five years thereafter, the per-
son making such entry, or. if he or
she be dead, his or her heirs or legal
representatives, shall prove by two
credible witnesses that lie or she or
they have planted and for not less
than eight years have cultivated and
protected such quantity and character
of timber as aforesaid, and at the
time of making such proof that there
shall be then growing at least nine
hundred living and thrifty trees to
each acre, they shall receive patent
for such quarter section or legal SUBJ
division of eighty or forty acres Of
land. or for any fractional quantity of
less than forty acres, as herein pro-
vided.
Sec. 3. That if at any time after
the filing of said af1ida, it, and prior to
the issuing of a patent for said land.
said party shall fail to do the break
ing and planting required by this act.
or any part thereof, or shall fail to
cultivate, protect, and keep in good
condition ! such timber, excepting
such cases as are provided for in 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 provision of this
act. Provided, That the party max
ing claim to such land, either as
homestead settler or under this act,
shall give. at the time of filing his an.
plication, such notice to the original
claimant as shall be prescribed by the
rules established by the commission
er of the general land ONCE, and the
rights of the parties shall be deter
mined as in other contested cases.
Sec. 4. That no land acquired un.
der the provisions Of this act shall, in
any event. become liable to the salts
faction Of any debt or debts contract
ed prior to the issuing of the final Ger.
tificate therefor.
Sec. 5. That the commissioner of
the general land office is hereby re-
qulred 10 prepare and issue such rules
and regulations, consistent with this
act, as shall be necessary and proper
to carry its provisions into effect: and
that the register and receivers of the
several land offices shall each be en-.
titled to receive 50 at the time of en-.
try, and the like sum when the claim
Is finally established and the final Ger.
tiHcate issued.
Sec. 6. That the fifth section of
the act entitled IAN act in addition
to an act to publish crimes against
the United States. and for other pur.
poses," approved March 3, 1857. shall
extend to all 0aths, affirmations. and
afiidavits required or authorized by
this act.
Sec. I. That parties who have al.
ready made entries under the acts an.
proved March 3. 1873, and March II.
1874, OF which this is amendatorv,
shall be permitted to complete the
same upon full compliance with the
provisions Of this act; is. that
is, they shall. at the time Of making
their final proof, have had under chi.
tivation, as required by this act. an
amount Of timber sufficient tn make
the number OF acres required by this
act.
Sec, 8. All acts and parts of acts
in conflict with this act are hereby
repealed.
The question was upon agreeing to
the substitute.
Mr.. Oliver--I ask the gentleman
from California Mr.. Wigginton1 to
yield TO me to offer two amendments
to the substitute,
Mr.. Wigginton--I will yield to hear
them read. '-
Mr.. Oliver-I move to amend sec.
ton l OF the substitute by striking
out the words 1.-THE trees thereon MT
being more than four feet apart each
way" l also move to amend the third
paragraph Of section 2, near the. .cIase
OF tne section, by striking Out. the
woIo and and inserting in lieu
thereon the words that not less than
twenty-seven hundred trees were
planted on each acre and that" so
that it will read as follows:
Shall prove by two credible wit.
nesses tnat he or she or they have
planted. and, for not less than eioht
years, have cultivated and protec3ed
such quantity and character of timher
as Aforesaid, that not less than tven.
ty-seven hundred trees be planted on
each acre, and that at the Zine M oS
making such proof that there shall be
tncn growing at least nine hundred
n,lne ana thrifty trees to each acre.
| MI. Wigginton-I have no obiec.
ton TO those Amendments.
The amendments to the sul,etitnta
we're agreed 70; and then the subsfi.
int. - smended, was adopted.
1ne senate blu, - amended, was
crds!d 70 > third reading, reod -
third time and passed.