Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1891-05-21
FOR TAKING UP LANDS.
Commissioner Carter Makes q Clear State
ment as to Rules That Must Be Com
piled With in the Future.

Commissioner Carter has sent the
following instructions to the registers
and receivers OF the land offices
throughout the country:
Your attention is called to the act
of congress entitled "An act to repeal
timber culture laws and for other pur-
poses," approved March 3, 1891, a
copy of which is hereto attached.
1t will be observed that by the first
section the laws providing for the en-
try of public lands for timber culture
purposes are repealed so far as regards
future entries, but continued with GER
tain prescribed notifications as re-
CARDS the adjustment of existing claims
initiated prior to such repeating act.
Hence no further entries OF the class
will be allowed unless the right to
make such entry had accrued or was
accruing at the date of said act. In
dealing with existing entries the pro-
visions of the first section of the re-
pealing act will be observed. 1t will
be seen that by the fifth provision of
that section the right is extended to
persons having certain qualifications
to commute their entries in certain
cases at the rate of S1.25 per acre.
For this purpose it will be necessary
1. That the person shall have in
good faith complied with the provi-
sions of the timber culture laws for
four years.
2. That he shall be an actual bona
fide resident of the state or territory
i'm which said land is located.
Final proof for the commutation of
IA. -. a hI0
vision shall be made as other final
timber culture proof is made, and
shall satisfactorily exhibit the facts
necessary to entitle the applicant to
make the purchase hereunder. Re
turns will be made as in commuted
homestead entries under existing prac-
tice, but with proper annotations on
the returns to indicate the character
OF the transaction as commutation
of timber culture entry under said act.
For final proof in timber culture en-
tries the registers and receivers shall
he allowed the same fees and compen-
sation as are allowed under previously
existing laws in homestead entries.
The second section amends the des-
ert land law of March 3, 1877, Q9
Stat. 377,) by adding thereto five sec
tions, numbered from four to eight in
elusive, modifying it's provisions in the
manner following, viz:
l. The party making entry there
under is required at the time OF filing
the declaration to file also a map of
the land, which shall exhibit plan
showing the mode OF contemplated ir-
rigation, and which plan shall be suf-
ficient to thoroughly irrigate and re-
claim said land and prepare it to raise
ordinary agricultural crops, and shall
also show the source of the water to be
used for irrigation and reclamation.
Provision Is made that persons may
associate together for purposes de-
fined.
2. Entrymen shall expend, for pur-
poses stated, at least So per acre-$l
per acre during each year for three
years-and shall file proof thereof dur
ing each year, such proof to consist OF
the affidavits of two ormore witnesses
showing that the full sum OF 81 per
acre mas been expended during such
year, and the manner in which ex-
| pended, and at the expiration of the
third year a map or plan showing the
character and extent OF Improvement.
3. A failure to file the required
proof any year shall cause the land to
/
paid to be forfeited and the entry to
be Cancelled.
4. The limit for making proof is
changed from three years to four years
from date OF filing the declaration.
The 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 extent and cost, and in the man
ner hereinbefore noted.
>. The party may make his ina
entry and receive his patent at any
time prior to the expiration OF foul
years, on making the required proc
of reclamation, of expenditure to the
aggregate extent OF SO per acre, and o
the cultivation OF one-eighth of the
land.
6. Entries made prior to the dat,
OF said act may, however, be perfected
under the old law, or, at the option o
the claimant, may be perfected uDde
the law as amended, as far as appli
cable.
4. Assignments are recognized, bu
the amount of land that may be hel'
by assignment or otherwise, prior Il
issue OF patent, is restricted to 32'
, acres by the seventh section, whicl
section it is provided, however, shal
not apply to entries made prior to tn
act. Assignees must properly prov
their assignment by filing in the locs
land Office an affidavit and certifie
q copy Of the instrument under whic
Q they claim, and must make affidavl
of the amount of land held.
8. By the eighth section the pre-
visions OF the original act and th
1AI 70
- RADIO.
y 9. By the same section the right {
IL make desert land entry is restricted
resident citizens of the state or teri
tory in which the land sought IS II