Daily press and Dakotaian. [volume] (Yankton, Dakota Territory [S.D.]) 1875-1880, 1878-06-22

storv." And upon filling such affidavit
with said register and said receiver, anu on
payment of ten dollars, II the tract 10 more
than eighty acres, and 6ve dollars II IT IL
eighty acres or less, he or che shall, thera
upon, be permitted to enter the quantity Oh
land specified; and the party making an en-
try of a quarter section under the provl-
sions Of this act, shall he required TO break
or pillow five acres covered thereby the hrst
year. five acres the second year, aud to cul-
tlvate TO crop or Otherwise the five scres
broken or plowed the first year; the third
year he or she shall cultivate 10 crop or
otherwise the five acres broken the second
wear, and to plant In timber, seeds. or cut.
tipcs, the remaining 1--WE acres. All entries
of less quantity than one quarter section
shall be planted, plowed, cultivated, and
planted to trees, tree seed. or cuttings, In
the same manner and In the same proper
ton as hereinbefore provided for q quarter
section; Pt0pi1ed, however, That In case
such trees. seeds, or cuttings, shall be de-
stroyed by gIassho. pera, or BY extreme and
unusual drouth. for any year, or terms OF
years, the time for planting such trees,
seeds. or cuttings shall be extended one
year for every such year that they are SO
destroyed; Provided further, That the per-
con making such entry shall, before he or
she shall be entitled to such extension of
time, file with the register and the receiver
of the proper land Office an affidavit. cor
roborated by two witnesses, setting forth
the destruction of such trees. and that ia
consequence of such destruction, he or she
is compelled to ask an extension Of time, in
accordance with the provisions of this act;
And, provided further, That no final certifi-
cate sOall he given, or patent issued for the
LAND so entered until the expiration ofelght
years from the dat. of such entry; and it.,
at the expiration OF said time, or at any
time within five years thereafter, the person
making such entry. or. il he or she DC dead,
his or her neirs, or legal representatives,
shall prove by two credible witnesses that
he or she or they have planted, and for not
less than eight years, have cultivated and
protected such quantity and character OF
trees as aforesaid; that not less than twenty.
seven hunIred trees we're plinted on each
acre. and that at the time of making such
proof, there shall be then growing at least
six hundred aud twenty-five living and
thrifty trees to each acre, they shall receive
a patent for such tract OF land.
SEC 8. That ii at any time after the filing
of said affidavit, and prior to the issuing OF
the patent for said land, the claimant shall
fail 10 comply with any Of the requirements
this act, then in that event, such land
shall be subject to entry under the home
stead laws, or by some other person, under
lhe provisions Of this act; Proridtd, That
The patty making claim to said land, either
as a homestead settler, or under this act.
shall give. OF the time of filing his applica-
lion, such notice to the original claimant as
shall be prescribed by the rules established
the commissioner Of the general land
office; and the rights Of the parties shall
De determined as in other contested cases.
SEC. 4. That no land acquired un0er the
provisions Of this act shall, in any event,
liable to the satisfaction of any debt
,r debts contracted prior to the issuing Of
he final certificate therefor.
SEC s. That the commissioner Of the
land Office is hereby required to
prepare and issue such rules and regulations,
consistent with this act. as shall be nccessa.
~ and proper to carry its provisions into
and that the registers AMI receivers
If the several land offices shall each be en-.
tilted to receive two dollars AZ the time Of
pptly, and the like sum when the claim Is
finally established and the final certificate
SEC. 6 That the tittt section of the act
ian act in addition 10 an act to
crimes agairst the United Suites. and
for other purposes" approved March 81,
1857, shall extend to all oaths, afirmations
and affiiavits required or authorized by this
act.
Sec Z. That parties who have already
made entries under the acts approved March
81, 1873, and March 18th, 1874, of which
This is a%mcndatorY, shall be permitted to
the same upon full compliance
the provisions of this act; that is,
they shall, ut the time OF making their final
proof, have had under cultivation. as re-
quired by this act, an amount of timber sui.
6cient TO make the number Of acres required
by this act.