Arizona weekly citizen. [volume] (Tucson, Ariz) 1880-1901, 1891-05-16
Imvortsut Lr Cfrcular.


interest throughout the agricultural
portions of Arizona:
DEPARTMENT OF THE INTERIOR,
GENERAL LAND OFFICE,
WASHINGTON, ID. c., April q, 1891.
REGISTERS AND RECEIVERS,
United States District Land Offices
GENTLEMEN:
Your attention is called to the act OF
congress entitled "An act to repeal tim
Der culture laws and for other purposes,
approved March 3, 1891, copy OF which
is hereto attached.
1t will be observed that by the first
section the laws providing for the entry
Of public lands for timber-culture pur
poses, are repealed SO far as regards fu-
ture entries, but continued with certain
prescribed notifications, as regards the
adjustment OF existing claims, initiated
prior TO such repeating act. Hence, no
furter erteries OF this class will be
allowed unless the right to make such
EMERY had occurred or was accruing
at the date OF said act. In dealing with
existing entries the provisions Of the
first section OF the repeating act will be
observed. 1t will be seen that by the
fifth proviso of that section the right is
extended to persc ms having certain quail
| i6cations to commute their entries in
certain cases at the rate of 81 % per
acre. For this purpose it will be neces-
sary-
l. That the person shall have in good
faith complied with the provisions of
the timber-culture laws, for four years.
g That he shall be an actual bona
| tide resident of the state or territory in
which said land Is located.
Final proof for the communication OF
| timber-culture entries under this pro-
| vision, shall be made al other final tim
her culture proof liz made (Ses FERNS
$50 and 1856, and shall satisfactorily
exhibit the facts necessary to entitle the
applicant to make purchase Hereunder.
Returns will be made as In COM
mutsd homestead entries under ex
isting practice, but with proper auDota-
| tions on the returns TO indicate the char
acter OF the transaction as a commu ia
tion OF timber culture entry under said
act. For final proof in timber culture
entries, the registers and receivers shall
be allowed the Sc me fees and compenss-
ton as are allowed under reviousiy ex-
listing laws in homestead entries.
The second section amends the desert
land law of March 3. 1877 % Stat, 377),
by adding thereto five sections,
from four to eight inclusive, modifying
its provisions in the manner following,
viz:
l. The party making entry thereun-
der is required at the time of filing the
declaration. 10 file also map of the land
which shall exhibit plan showing the
mode OF contemp plated irrigation, and
which plan shall be sufficient TO thor
oughly irrigate and reclaim said land
and prepare it to raise ordinary agricult-
pral crops, and shall also show the
course the water to be used for irriga--
ton and reclamation. Provision is made
that persons may associate together for
purposes defined.
2. Entrymen shall expend, for pur-
poses stated, at lea s. per acre-sl per
acre during each year for three years
and shall file proof thereof during
each year, such proof TO consist
OF the affidsyits OF two or more wit
nesses, showing that the full Sum of 81
per acre has been expended during such
year, and the manner in which expended,
and at the expiration Of the third year
may or plan showing the character and
extent Of Improvements.
3. A failure TO file the required proof
during any year, shall cause the land to
revert TO the United States, the money
paid to be forfeited, and the entry to be
Cancelled.
4. The limit OF making proof is
changed from three years to -four years
from date Of fling the dec aration. This
proof must, in all cases, show the citi
zenship OF the party Offering it and the
cultivation of one-eiehth of the land in
addition to the reclamation to the ex
tent and cost. and in the manner here
inbefore noted.
8. The party may make his final entry
and receive his patent at any time prior
to the expiration of four years, on max
ing the required proof or reclamation of
expenditure TO the aggregate extent OF
50 per acre, and Of the cultivation Of one
eighth of the land.
6. Entries made prior TO the date Of
SAID act may however. be perfected un
der the old law, or, at the option of the |
claimant, may be perfected under the |
law as amended, as far as applicable.
z. Assignments are recognized, but |
the amount OF land that may be held by |
assignment or otherwise, prior to issue |
OF patent is restricted to 800 acres by |
the seventh section, which section it is |
provided, however, shall not apply to en- |
tries made prior to the act. Assignees |
must properly prove their assignments |
by filing in the local Office an affidavit |
and certified copy OF the instrument un-
der which they claim, and must make |
affidavit Of the amount of land held.
8. BY the eighth section the provis- |
ions OF the original net and the amend |
ments are extended to Colorado.
9. By the same section the right to |
make desert LAID entry is restricted to |
resident citizens OF the state aud terri |
tory in which the land sought is located, |
whose citizenship and resider CO must
be duly shown.
The third section OF the new act |
amends section 22SS. Revised Statutes,
so as to extend iss provisions to settlers |
under other settlement laws in addition |
to the pre-emption and no nestead laws,
and so as to admit OF transfers for right |
OF way for canals Or bitches for irriga-
ton OF drainage, as we'll as for church,
cemetery, or school purposes, or for the
right OF way Of railroads, as in the old
statute.
The fourth section of the new act |
repeats all the laws allowing pre-
smption OF the public lands by
individuals, but provides for perfecting
claims previously initiated accc rding to
the provisions Of the law un1e- which
they were initiated; therefore 70 filings
or entries will be allowed Hereunder,
except when necessary to perfect claims
OF inception prior to the approval of the
repeating act, and claims to Indian lands
covered by its tenth section.
The fifth section thereof amends
section 2289, Revised Statutes, so as to
prevent any person who is the proprietor
of more than leo acres Of land in any
state or territory from acquiring any
rIgh. under the homestead law, end al
DO section 2290. Revised Statutes, SO az
to require different affidavit from that
now required to be made made by ap
nlicanfa aa nrelimtpary IN homactaod