The crisis. (Chillicothe, Livingston Co., Mo.) 1877-1878, 1878-07-04
Full Text of the New Timber Culture
Law

An Act to amend an act entitled IAN act to en-
courage the growth Of timber on the Western
PraiIics
Be it enacted, etc, That the act entitled AN
act TO amend the act entitled An act TO encourage
the growth of timber on the Western PrariCs, -
approved March thirteenth eighteen hundred
and scvcnty.lOur be and the same is hereby
amended 50 as to read as follows; That any per
son who is the head OF family, or who has ar
rived at the age of twcntyOnc years and is citi-
zen of the United States, or who shall have filed
his declaration of intention to become SUCH as
required by the naturalization laws
of the United States, who shall plant,
protect, and keep in healthy, grow
Ing condition for eight years ten acres Of timber,
on any qua'tcr.scciOn of any of the public lands
of the Unted States, or five acres on any legal
subdivision Of eighty acres, or two and onc'halt
acres on any legal subdivision of forty acres or
less, shall he entitled to patent for the whole OF
said quartcrseCliOn. or of 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 wit
ncsses, and full compliance of the further con
ditOns as provided in section two: PrOrdtd
tuthtr, Tint not more than one quarter OF any
section shall be thus granted, and that no person
shall make more than one entry under the pro-
visions of this act.
Sec . That the person applying for the bcne-
fits of this act shall, upon application to the reg
lister 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
oOths in the district where the land Is situated
which affidavit shall be as follows, to-wit: /,
having filed my application, number
-, for an entry under the provisions Of an act
entitled IAN act to amend an act entitled An act
to encourage the growth of timber on the West
crn prariCs'' approved ---- lS1-, do solemn
ly swear (or alirm) that am the head of family
(Or over twenty one years Of agc), and citizen of
the United States (Or have declared my intention
10 become SUCH; that the section Of land spcci-
fed in my said application Is composed cXclU-
siycly 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 pur.
pose of speculation or directly or Indirectly for
the use or benefit of any other person or persons
whOmsOCvcr; that intend to hold and cultivate
the land, and to fully comply with the provisions
of this said act; and that | have not heretofore
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 pay.
ment of ten dollars if the tract applied for is more
than eighty acres; and five dollars If II is eighty
acres or less he or she shall thcrcupon he permit
ted TO enter the quantity of land specified; and
the party making an entry of quartcr-scCtiOn
under the provisions of this act shall be
required to break or plow Ave acres covered
year, and to cultivate to crop or otherwise the five
acres broken or plOwcd the first year; the third
year he 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 plowcd, and to cultivate and put in crop
or otherwise the remaining five acrcs, and the
fourth year to plant in timber, seeds, or cuttings
the remaining five acres All entries of less quaH.
tity than one Quartcr-scCtion shall be plOwcd,
planted, cultivated and planted to trees, tree.
sppIg Or manner
same proportion as hcrcinheiOre provided for a
quarcr-scCtiOn, PrOridtd hOW6rer, That in case
such trees, seeds, or cuttings shall he destroyed
by grass shoppers or by extreme and unusual
drOuth, for any year or term of years the time
for planting snCh trees, seeds, or cuttings
shall he extended one year for every such year
that they are so destroyed: PrOridtd tUrtb6r,
That the person making such entry shall before
he or she shall be entitled TO such extension of
time, file with the register and receiver of the
proper land Office an affidavit, corroborated by
two witnesses, setting forth the destruction of
such trees, and that, in consequence OF such de-
struCtiOn, he or she is compelled to ask an exten-
sion of time, in accordance with the provisions OF
this act, dM pr0Cided JiGthor That no final
certificate shall he given or patent issued for the
land so entered until the expiration of eight
years from the date of such entry; and If, at the
expiration of such time, or at any time within
five years thereafter, the person making such en-
try, or. if he or she he dead, his or her heirs
legal representatives, shall prove by two credit
able witnesses that he or she or they have plant
ed, and, for not less than eight years, have cult
vatcd and protected such quantity and character
of trees as aforesaid; that not less than twenty
seven hundred trees were planted on each acre
and that at the time of making such proof that
there shall be then growing at least six hundred
and seventy-lve living and thrifty trees to each
acre, they shall receive patent for such tract OF
land,
Sec. 8. That if at any time after the filing oil
said affidavit and prior TO the issuing OF the pa
tent 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
tryunder the homestead laws, or by some Other
person under the provisions of this act; Pr0rid6d
That the party making claims to said land, either
as homestead settler, or under this act, shall
give at the time of filing his application, such no
tice to the original claimant as shall be prescribed
by the rules established by the commissioner Of
the general land office; and the rights Of the par
ties shall be determined as in other contested
cases.
Sec. 4. That no land required under the prov
sons ofths act shall, in any event, become liable
to the satisfaction of any debt debts contracted
prior to the issuing of the final certificate therefor
SEC. 5. That the Commissioner of the Genera
Land Office is hereby required to prepare and issue
such rules and regulations, consistent with this
act as shall be necessary and proper to carry ii:
provisions into eilect and that the registers ant
receivers of the several land offices shall each be
entitled to receive two dollars at the time of entry
huu lnt llhO Mutu lHC 10 Huulll CeluD
lishcd and the final certificate issued.
SEC. 6. That the fifth section of the act en-
titled IAN act In addition to an act to puHisf
crimes against the United States, and for othei
purposes" approved March third, eighteen hun
dred and hfty-seven, shall extend TO all oaths
aflirmations and aflldavits required or authorized
by this act.
Sec. Z. That parties who have already mad,
entries under the acts approved March third
eighteen hundred and seventy.three, and Marcl
thirteenth, eighteen hundred and seventy.four
of which this is amendatory, shall be permitted t,
complete the same upon full compliance will
the time of making their final proof have ha,
under cultivation, as required by this act, al
amount of timber sufficient to make the numbe
CT acres required by this act.
| Sec 8. All acts and parts of acts In connic
with this act are hereby repealed,
Approved, June IA, 1873.