Arizona weekly citizen., 1891-03-21
Land Laws
MARCH 8, 1891
SYNOPSIS.

modification of tie home tead law and with
provisions more strict IS to proofs at entry and
l final prf'Ofs. ex ending T. @ Communication from
six 20 fourteen months.
Sections and provide details as to final
action in the Interior Department on final en-
tries, AMI provide limitations as to contests and
SUITS TO cancel patents, fixing the latter at five
years as to patents now issued ard six years as
to future ones, and provisions as to timber tres
passes.
Section 9 prohibits Offering of public lands at
public sale hereafter, thus preventing private or
cash entries.
Section IA allows mineral entries. in addition
to the maximum allowance of go acres allowed
By existing law.
| Sect oas, Is 10, 20, and 21 relate to bitches
and reservoirs, and providing for their construc-
tiOn.
S-ction p su horizes the President t. set apart
trust reserves, where to preserve timber he shall
deem it advisable.
| TEXT OF TIE LAW.
Be it ensc-ei, etc That an acs entitled IAN
act To amen an a;t entitled An act to encourage
the grow OF timber On the We.tsrn Ut .Iries, -
| approved June III, 1875, ard AL laws supple
| mentary thereto or bmeEoatOTy thereof, be, and
/ the same are hereby, repea q; Provided that
this repeal shal not acct any valid rights here
tOf1re accru d or accruIng under said laws, but
/ All bona noe claims lawfully I'M lated before the
Passage of tbs act may be perfected upon ous
eompl ance with law, IN the same manner, upon
/ the same t-I-ns and cOud tons, ami subject To
the same hnll atlOns, t~rfeitures and contests as
/ II this act lad { been passed; AID Provided
| fcrther, that the following words of the last
clause of sector vi act namely, That not
/ less than twenty--eve1 hundred trees were
| planted on each aCr :. aT5 her1Dy rEpealed; And
Prov. ded fur. her, That. l. c mpntina the period
OF Col Ivat.O the time sh IL run from the date
OF Inc entry II the necessary acts of cultivation
were peffUrmed within the proper time; And
provided further, That the preparation of the
land aud the planIiOg Of trees shall De construed
as acts Of cultivation ana the time authorized TO
be { % employed aud actually employed shall be
computed as IaIt of the eizht years of cuitiva-
on req Ilred by statute; PROVIDED. That any per
son who has made en- ~ Of any public lands OF
the Uulted States under the timber-culture Avs
and VIII has for a period of four years in gOJG
faith Co pie 4 with the Provisions OF said IaNs
ana who Is an actusi bona tide resident of the
state or Territory Ia winch said laLd Is located
and acquire title to the same, by the payment of
S1.25 per acre for such tract, under such rules
and +, guiati ms as snail be prescribed by the
Secretary of the lnten. T. ana registers and re-
ceivers shall be allowed the same lees AID com
penSatI0n for III al pro is in timber culture en-
tries - now allowed by law in homes cad
entries; AMI PrOvi ed furtLer. That no land ac-
quired unGeC the pr Visions of this act shall in
any .ent become liable to the satisfaction of
any debt or Gebts ractet prior 70 the issuing
of the ma, Ger Ihcate therefor.
Sec. 2 Iha an act TO provide for the sale OF
desert lands IN tam 5, and Territories ap-
proved March 3 1877. is hereby amended ry ado
ing tgeratO ths following sc tons:
sec. 4, That At the line of fling the declsr-
atlt hefe.neeiOre required the party shsil also
hle map of SAID lsnd which shall exhibit
plan of snOwIrg the mode IF cJn:emplal ed irri-
cation, and which plan shall be sufficient TO
tnni ougaiy lrr gaze ana reclaim said lad, and
prepare n II raise ordinary agricultural crops,
and shall also show the source OF the water to b
used for irrigation and rec. amaLiOn. Persons
nterIng or prof. osnS to enter separate sections,
or fractional parts OF sections. or desert lands
may associate to. ether in the construction OF |
canals ana dltcles tor IrTigating and retaining
all OF said tracts, and may hie jJlHt map o.
maps showing their plan or internal improve
ments-
Sec. 5. That no land shall be patented to any |
person under this act unless h or his asSlgnOIS
shall have expended IN The Iecessary irrigation.
reclamation and culsiV alton thereof By means of
main canals and branch ditches and in perman-
ent improvements UPON tn land, and IN the pur-
chase or water rights Aor the irrigation of the /
same, ct least 50 acre Of whole tact reclaim
ed and patented In them manner following: Within |
Oney ear after max ng entry for such tract of |
desert lsnd as aforesaid, the party so ent ring
shall eXpend not Less than 81 pee acre for the 1
purposes aforesaid; and he shall in like manner
eXpend TIE sum Of 81 per acre during the second
and also ourlnE the taird year thereafter, un,Il
the sum OF IS per acre Is so expended. SAID Il
party shall hls during each year with the register
proof, by the athdavIts of two or more credible /
witnesses, that he full sum of 81 Per acre has |
been expended IN such necessary improvements /
during such year, and the manner IN which ex- /
pe1ded, and &C the expiration of the third year
map or plan she wing he cha acter ana extent /
made such apDllcGt on shall fan during any year Il
to hle tine testimony aforesaid, the lands sLaII Il
rebert 10 the United States and the p cents adj
van ced payment shall be forfeited to the United
States, and the entry shall be cancelled. Nothing
herein contained shall prevent claimant from
makir his hnsl entry and receiving his patent at
an earlier da than heTeInbetOre prescribed, pro-
yld d that he then makes the requir, proof of
reclamation u the agsTega extent OF 50 per
acre; PROVIDED That D. cor be further required o
the cuitivaIlOn Of One-eIghth of toe land.
Sec. q That this act shalt not affect any
valid rIskts heretofore accrued under said act
OF MAJ eh 3, 1871, but all bona fde claims here
tofOTe law Uily initiated may lie perfected. upon
due comp lance with the provisions OF said set
IN the ame manner. upon the same terms and
conditions, and subject to the same limitations.
tOrielture-, and COT tests as il this &C. had nO'
beeu pass. d; % said claims, at option of the
may be perfected and patent ed under
the provisions of ssid act as am nded By thi
act, 50 far as applicable; and all acts aud parts
of acts IN conflict with this act are hereby re-
pealed.
.'Sec.7. That any time after fling the declar-
alon, ana within the perIOt of years thereafter
upon N king satisfactory proof TO the reglsJer
and tie receiver of the reclamation and cultiva- |
ton SAID laud TO the extent and cost and in
the manner aforesaid. and substantially IN ac-
cOrdance vi h the plsns herein provided for,
and that he or she Is citizen of the United
, atet, ssnd upon PAYMENT TO the receiver or the
additional sum of 81 per for said and, a
patent shall issue therefor TO the apple ant or
his assigns; but no person or association of per-
sons shall hold by assignment or otherwise, prior
to the Issue OF patent. more than hree hundred
and twenty acres OF SUch arid or desc laIds, 1
but this section shall not apply to entries made
Or inItistei prior to the approval of this act:
Provided, however, In additional proofs may
b. required at any time within the period pre- /
scrlbed by law, and that the claims or entries
made unuer this any other preceding act
snail DC subject 20 contest, as provided by the
lew relating To homestead cases, for illegal in
Yep Ion, abandonment, or failure to comply with
q require merit of law, and upon satisfactory
proof thereof shall be cancelled and the lands, |
anu mocey pad therefor, shall be forfeited to
the | ulted States.
'eee. g. That the provisions of the act to which
,als Is an amendment, and the amendments
thereto shall apply To and be in force IN the
state II tiolor. Go. as well the States named
IN the orig nal act; and no person shall be en- |
titled to make entry OF deseIt and excepG he be
resident citizen of the Stste or Territory in
which the lard sought to be enter is located" |
Sec. 8, That section 228S of the Revised Sta
utes 30 amended so as TO read as follows: ,
Sec. rs. Any bona tide settler under the
ore-empu, N, homeSteat 8, or Oth-r settlement Law
hall have the right 10 transfer by warranty |
against his ON acts. any norton of his claim
or chur- cometgfs, or school purposes, or for
he right OF wsy of raj roads, canals, reservoirs,
II bitches ior Irr cation or drainage across it;
ind the transfer Tor such public purposes shall
n no way vita the right to complete and per- ,
r. the title of his claim
Sec 1. That chapter 1 of the XXXII, excepting
ect,OJs 2315, 2276, 22S6 of the Revised Statutes
u the United States and all other laws al lowing
lre-emption OF the public lands of the United
states. are he eby repealed. but AL bona hide
laIns lawfully iaItiat before the pass 90 of {
h act, under any said provisions OF law SO
epe1le1- may be perfected upon due compliance ;
With law IN the same manner. upon the same
erms aod conditions. and subject 10 the same $
limitations. fOrfe lures and contests a. If this
Ict had no. been passed. !
Sec. .. That sec ions 22s9 and 300, in said
apter numbered of the Rev sed Statutes, ce 9
ND the same are hereby, amended, so that thev
hall read a. follows
Sec. 2Zsg. Every person who Is the head of
! family, or who has arrived at the age 1t q | =
IeaIs, and Is a citizen of the Uni1ed States or
NhO has Ms "a his de laratiOn of intention to be-
'ome such, a. required by the n4turalizai ion I
avs. shall be entitled to enter one quarter
70 ton; or less quaint Y, of UnapprOpriated
public lands, to be Iuc ted IN a body con-
Ormityi TO the legal subdivisions OF the pubic s
ands; but no person who is the proprietor of :
more than tl6O acres of land in sny state Ter
1t1ry shal acnnIre anv rlghl under the home