Arizona weekly citizen. [volume] (Tucson, Ariz) 1880-1901, 1891-03-28
Land Laws
MARCH 8, 1891
SYNOPSIS.

Section repeats the timber culture act, but
the rights of all existing entries, and gives
a right Of Communication to those who have for
four years in good faith tried to comply, at s125
per acre.
Section provides modifi cation of the desert
land act. providing fully fo- actual reclamation
of the laud entered. and preventing speculative
accumulation OF the land, with the saving of all
RIG hts under existing entries.
Section enlarges section 22s8, Revised Sta
tutes, by including reservoirs or ditcnes for IL
rigating pzrposes.
Sec i'm peal, the presumption laws with a
modification of tie home tead law, and with
provisions more strict as to proofs at entry and
a final proofs. e. endingtoe Communication from
six fourteen months,
Sections and provide details as to final
action IL the Interior ID partment on final en-
tries and provide imita' ion, as to contests, and
81, It's to cancel patents, fxing the latter at five
years to patents now issued al d six years as
to future Ones, and provisions as to timber tres
passes.
eecuon prohibits off ring of public lands at
public sale h. reafter, thus preventing private or
cash entries.
Section IL allows IN neral entries, in addition
to the maximum allowance of go acres allowed
by existing law.
Sections, Is 10, 20, and p relate to ditche-
AMI reservoirs, and providing for their construc-
ton.
S.ction % su hOrizes the President to set apart
trust reserves, where TO preserve timber he shall
deem it advisable.
TEXT OF TIE LAW.
Be il enacted, etc That an acs entitled 'HAn
act to ameni an at entitled An act to encourage
ha nj I'm. rff1N Ne Z
approved Juue IA, 1878, AID AL laws supple
Lentary thereto OF smendatOry thereof, be, and
tie saIe are hsreby, repeal d; P.ov.ded, thai
this repeal sha not aiect any valid ri&hts here
tot re accru d or accruIng under said law. but
all bona noe claims lawfully I'M lated before the
Passage of TINS act may be perfected upon uue
Uompl ace with law. N this came manner, upon
the same rms and coud tInns, am subject To
the sam lin, atiOns, rfeitures aud contests as
If this act had been as.ed; And Provi Ell
further, that the following wO dS of the las
clause of seOtOr of "a d act namely, That not
less than twenty even hundred trees were
planted Oh ca b acre," are ber~Oy rspealeo; ana
PrOv.dsd further, That, II smpdt ng the perIod
of cAl Ivatso the time sh Ii run from the date
OF III. entry ii the necessary acIs Of cultivation.
| were PEE formed within the proper time; And
prov .ded further, That the preparat ION of the
land a6d the planIib Of trees shalt cons rued
-ets IF cultivation, anu the tins authorized TO
be o mplOyed AID actealIy employed shall be
computed u a. of the eisht yea of Gu tiva-
o. -lred by Statute; Provided, HI It any per-
son who has Made en- ~ Uf any pubic lands o
| the UuItet states under the tlmber-culJuIe avs.
and VIII has for per cd OF four Years in gOs
falJn CO pie 4 with he p ovlsiOis sald laws
ana who actual bona hue sidenJ of the
stare or Terrific IL wn CHI said Lad Is located
| o. All be emitted TO - .ae bnaI ,rJof tn o,
AID ACQUIRE ii 10 to the sam, by the payment OF
$l.2j per acre for such tract, under such rul >
and gu.au rs as suall be prescribed by he
Secretary or the lnLen T. ana regis erS AID re-
Ceiye shall De allowed tie same ices d com
peusatI IN for al pro is IN IIuuer cuI -ure en-
trIes as IS nos allowed by law in homes esd
1 A.. Nrr-r "A
quired under the pr Wis ons of this act hall IN
any emit become liable to ths satI=f lion If
any debt OF Debts on racte1 prior to the issuing
of the Ina Ger lhcate therefor
Sec. 2. Ina an act to provide for the sale of
desert lands IN c. tam S,ates AM Territories Hp
proved Ma eh 3. 1871. Il LefebI amended Gy adG-
ing ervtO tins following tons:
Sec 4, That at the ims of fiiing the decl r
att he4e HbefOre IeQulte the party sn-4l al o
file map of said land, whi snail exhibit
plan of sbOwiI z the mode e ( ntempla ed irri-
cation, anu which plan snail be suffice 10
Thoroughly Irr Kate ana reclaim said la d. ant
prep re II t. ralss orClnars agricultural rrops
and shall GlsO show the source of the water 10 b
used for irrigation and rec amazon. P.rsols
en- erIng pro. OSlng to ent4r s-para g sections
or fractional parts or sections. o. dsserC laI.us
may associate together In the Construction o.
canals and dI, irrigatibg and re-. la ming
all of said tracts, nd may file jOIrt map o
maps showing Their plan or internal improve
ments
''Sea. 5. That no land shall be pa. ented TO any
person under this a { unless h or hi assigno.
shall have expended in the ecessary irrisa 10
reclamation ard cultivation thereof, b. means of
malH canals ana braucD bitches and in permaIs-
elt improvements ugOn tn land, aad In the pur-
chase Ut water rights Tor the Irriga In of the
"a Le. e least 50 er acre o. VIII lie fact reclaim
ed .1d patented IN the manner fol OWL 2: IL. in
o e .e1r AFTER maku z entry for such tract of
desc / nj as aforesaid, the party so ent rim
shall expend n less than 81 pc. acre Tor he
purposes afOr- sal ami he shall in Ike manner
expend TIE sum 81 per acre durlng the sec md
and aisD Gurin Ire tHIrd year thereafter, IN II
the am OF 50 per acre Is so expended Sud
pa ty shall nj uGring oh year with he register
proof, By tn atiiiavIts of two or more credible
witnesses, tna6 he full sum of 81 per acre ha
been exp Mel IN lcn u cessaly i'm prOyemeDts
during uch ear, and thu manner n winch ex-
pc Ided, md the expIca OF the t. ira year
map or plan 81, wing he cha acter an extent
OF such mp. Ovsments, If any party VINO b s
mad such appllcat on shall fan du ing any year
TO fie the testimony aforss nd, the lands sta
rebe 10 tie United States and T. % cents aO-
VA ced payment shh, b. forfeited to the Unit d
StGte-. and the entry shall be cancel -. No hang
herein cOnI aimed sia l prsvt ut claimant frum
making mis- ln-l e. try ana reCelVIi It's tent at
an e-rl .er Ola tn n berenbe'ore prescri ed pro
viii that he thsn m kes the reQuir PROOF of
reclamation { ne aggregu extent OF SO per
acre; Provided Tat OF be- further sequlred
tie eu'tIv.'ion of once. ghth fl g land
Sec That this act shall not affect airy
valid RI hts heretofore &C rsed under said act
of Ma CHI 3, 1871, bat al bona fide claim here
tOf he Is~ ully initiate mag e perfected. upon
due comp lance with he prOvisl, ms of said C.
IN The anne matEer upon tine saLe terms and
CONDITIONS ana subie Z to the same limttat ous
forfeiture, and Co tess as IL this &C had no
been PISS d; % said elaine, at option of the
CLAIMANT, may be perfected and aten ed under |
the provisions of laid act, am ndld by thi
ac', so far applicab 9; AMI ala acts and parts
OF acts IN c. niiict with this act are herr by re-
pealed.
Sci. That any time alter fling the decIar- /
atiUn, and within the periO of years he eafter
upon m king satisfactory proof to the reg er /
and receiver of tie Teclamat on and cultiVs-
ton o saId land To the extent md cost and in i
the manner ~ Oresaid. and substantially in ac- 4
cordsnce vi the pl,ns herein pr ,vlded for. /
and that he or she is a cltiz n OF the United 4
; ate, and upon payment to the receiver of the
sum of 81 per acre for said and |
patent shall issue therefor to the appIi, ant or
his assigns; but no person or association of per-
sons shall hold Dy ass gnment or UtherwI e, prior
TO the issue or LATENT. more than hres huudI ed
and twenty acres OF en- and or desc laud |
but THIS section saali not apply to ELI rIes made
or lnltlotet prior to the approval of this &C
Provided, no ever, HI additional proofs may
requires! al any time within Q pr cd ire
-erIbed by law, snd taat tn claims 81 trie- |
made under tbs or any other prece ing ass |
snail be subject t. contest, as provided nv she
W relating q honest ad cases, for Illegal ID
,ep n, abandonment or aslu TO comply with
Iequl't merit OF law. and upOn SatlSf ctOry 1
pro there ! hall DO cane led. and the lands |
and mo ey paidt er-fOr, shall be forfeited To
the United States.
''-ec 8. That the provisions of the act to which
Z Is Is sn amendment, and the am ndmeuts
n reto shall apply 10 and be in force IN tue
STATE NOlcr DO, as We'll as the at nam q
n the orig nal a &; and per ON shall be en- |
ltled to m Ike try oil de,e't and excep he be
reside Mt cit zen If the State or TIE rltory in |
vnIch the lard sought to ~ enter is heated
Ssc. 3, That cttOn 22S3 of the Re Used Sta |
utes be amended So a. to read as follows:
Sec. PISS AM ma I'd set Ter uud the |
,re-emptI n, homestea 3, or 9th settlement Z "
hall have tie right 20 traT sfer, by warranty
gainst his o n acts. any portion of his claim |
or church, cemetery, ar school purposes, or for
he rig 1T Oi way of raj roads, canal, reservoirs
II bitches for Irr CATION drainage across il:
nd the transfer for such bile purposes shall /
n no way vita the right to complete and per- .
0 the title IF his claim
Sec, 4. That chapter of the XXXII, excepting 6
e5t.Ots 2275, 2276, 22S6 of the Revised Statutes
the Un.ted States and all other laws all wing !
q Exemption o, the Iubl,c lands of the United
;at s, are be eby rept aled. but all bona tde c
lalms la Nfully initial before the pass e, of I
s act, under any said pr visions of law so .
spe !e !, m4y be perfe ted upon due com lance
1tn law 10 the same manner. upon the same a
srIns condi. inns, and subject to the same O
mutations, TORE lures, and contests, as if this :
e had no been passed. "
Sec. 5. That sec ions 22S9 and 2290, in said d
apter numbered of the Rev sed statutes, oe