Arizona weekly citizen. [volume] (Tucson, Ariz) 1880-1901, 1891-06-20
THE NEW LAND LAW.
"A Letter from the Commissioner Ex-
planning its Provisions.

4
the register and receiver OF the United
States land Office at Denver from United
States Commissioner Il. n. Carter Of the
general land Office at Washington, ex-
planning some of the features Of the new
land law recently enacted by congress:
"GENTLEMEN-Your attention is called
to the act of congress entitled AN act to
repeal timber culture laws and for other
purposes approved March 3, 1891, copy
OF which is hereto attached.
lit will be observed that by the first
section the laws provided for the entry
of public lands for timber culture pur-
poses are repealed so far as regards flu
| ture entries, but continued with certain
| prescribed multiplications,a as regards the
adjustment of existing claims, initiated
prior to such repeating act. Hence, no
| further entries of this class will be al
lowed unless the right to make such en-
try had accrued or was accruing at the
date of said act. In dealing with ex-
listing entries the provisions of the first
section of the repeating act will be OBJ
served. 1t will be seen that by the fifth
proviso OF that section the right ID ex-
tended to persons having certain quail
icatlons to commute their entries
in certain cases at the rate of S1.25
per acre. For this purpose it will be ne
cessary:
"First-That the person shall have in
good faith complied with the provisions
of the timber culture laws for four
years.
"S3cond-That he shall DO an actual
bone Ade resident of the state or terri
tory in which said land is located.
Final proof for the communication of
timber culture entries under this pro-
VISION, shall be made as other final tim |
Der culture proof is made (see forms 4, |
$50 and 4, 1866, and shall satisfactorily
exhibit the facts necessary to entitle the |
applicant to make purchase Hereunder. |
Returns will be made as in commu.ed |
homestead entries under existing prac-
tice, but with proper annotations on the |
returns to indicate the character of the |
transaction as communication of tim Der |
culture entries and registers and receiv- |
ers shall be allowed the same fees and |
compensation as are allowed under pre-
viously existing laws of homestead en-
tries.
THE second section amends the desert |
land. law March 3, 1877 10 stat, BID, by
adding thereto five sections numbered |
from four to eight inclusive, modifying
It's provisions IN the manner following,
namely:
"First--The party making entry
hereunder is required at the time of fl |
ing the declaration of, to file also a man
OF land which shall exhibit plan show
ing the mode of contemp. ated irrigation.
and which plan shall be sufficient to
thoroughly irrigate and reclaim said
land and prepare it to raise ordinary ag-
ricultural crops, and shall also show the
course of the water to be used for lrriga-
ton and reclamation. Provision is made
that persons may associate together for
purposes defined.
''Second-Entrymep shall expend, for
purposes stated, at least s. per acre-S1
per acre during each year for three
years-and shall file proof thereof each
year, such proof to consist of the affi-
davlts OF two or more witnesses, 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 map or
plan showing the character and extent
of the improvements.
"Third-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.
"Fourth-The limit for making proof
is changed from three years to four
years from date of filing the declaration,
This proof must, in all cases, show the
citizenship of the party offering it, and
the cultivation OF one-eighth of the land
in addition to the reclamation to the ex-
tent and cost, and in the manner here
inbefore noted.
"Fifth-The party may make his final
entry and receive his patent at any time
prior to tie expiration of four years, on
making the required proof of proclama-
ton of expenditure to the aggregate ex-
tent of s. per acre, and of cultivation of
one eighth of the land.
''Sixth-Entries made prior to the
date of said act may, however. be per-
fected under the old law, or at the
option of the claimant; may be perfect
ed under the law as amended, as far as
applicable.
Seventh-Assignment are recogniz-
ed, 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 Sec
ton it is provided, however, shall not
apply to entries, made prior to this act.
Assignees must properly prove their as
signlnents by filing in the local office an
affidavit and certified copy of the instru-
ment under which they claim, and must
make affidavit Of the amount of land
held.
"Eighth-By the eight section the
the provisions of the original act and
the amendments are extended to Color |
ado.
"Ninth-By the same section the
right TO make desert-land entry is re-
stricted to the resident citizens of the
state or territory in which the lanG
sought is located, whose citizenship and
residence must be duly sworn.
"The third section of the new act
amends section 2,2SS, revised statutes,
so as to extend its provisions to settlers
under other settlement laws In addition
to the pre- emption and homestead laws,
and SO as to admit Of transfers for right
of way for canals or bitches for irriga. |
ton or drainage, as we'll for church,
cemetery or school purposes, or for the
right of way for railroads, as in the old
statute.
1.-The fourth section cf the new act re-
peals all the laws allowing presumption
of the public land by individuals, but
provides for perfecting claims previous
ly initiated according to the provision of
laws Under which they were inflated;
therefore, no filings or entries will be
allowed hereunder, except when neces-
sary to perfect claims of inception prior
to the approval of the repeating act, and
claims to Indian lands covered by the
tenth section.
The fifth section thereof amends sec
zion 2.2S9, revised statutes, SO as to pre-
vent any person who is the proprietor Of
more than iG0 acres of land in any state