Year: 1878




BE 1T enacted Jy the Senate and House
Of Representatives. Of the United States
Of Amertc0 IN Congress assembled, That.
the act entitled An act to amend the act
entitled An act to encourage tho growth
of timber on western prairies," approved
March 13, 1874, be ana the same is hereby
amended so as to read as follows: That
any person who is the head of a family, or
who has arrived at the ago Of 81 years, and
is citizen of the United States, or who
shall have filed his declaration of inten-
ton to become such, as required by the
naturalization laws Of the United States,
who shall plant, protect, and keep in q
healthy, growing condition for eight years
tel acres of timber, Oh any quarter section
of any of the public lands of the United
States, or five acres on any legal subdivis.
ION Of eighty acres, or two and one-hali
acres on any subdivision Of forty acres or
less, ehall be entitled to patent for the
whole Of said quarter section, or OF such
legal subdivision of eighty or forty acres,
or fractional subdivision Of less than forty
acres, us the case may be, at the expiration
of said eight years, or making OF proof OF
such fact by not less than two credible
WItucSsCS, anu d iu.l S'LipitohSS VI oho
further conditions rs provided in section
two: Provided furthur, That not more
than one quarter of any section shall be
thus granted, and tia! ne person shall
make more than one entry under the pro-
visions OF this act.


SEC. 2. That the person applying for the
benefits of this act shall upon application
to the register of the land district in which
ne or she is about 10 make such entry,
make affidavit, before the register Or the
receiver, or the clerk of some court OF rec
ord, or officer authorized to administer
oaths in the district where the land is stu
atcd; which affidavit shall be as follows,
lowit: I. having filled my
application no -., for al entry under the
provisions Of an act entitled can act to
amend an act entitled AN act to encouage
the growth Of timber on the western prai-
res,'" approved i---1S--,d do soiem-
ly swear, Tor attirm) that am the head Of
a family (or over tWcnty-one years OF age;
and a citizen of the United States (or have
declared my intention to become such);
that the section Of land specified in my
said application is composed exclusively
of prairie lands, or other lands devoid of
timber; that this filing and entry is made
for the cultivation Of timber, and for my
own exclusive use and benefit; that have
made the sad application in good faith,


aud hot for the purpose Of speculation, or
directly or indirectly for the use or bene-
fit of any other purpose or persons whom
socver; that | intend to hold and cultivate
the land, and to fully comply with the
provisions Of this said act; and that have
not heretofore made an entry under this
act, or the act of which this is amendatory
And upon filing said atidaylt with said
register and receiver and on payment OF
ted dollars, if the tract applied for is more
than eighty acres; and five dollars If it is
eighty or less, he or she shall thGreupon
Ue permitted 10 enter the quantity OF land
specified; and the party making an entry
of a quarter section under the provisions
Of this act shall be required to break or
ploW five acres covered thereby the first
year, five acres the second year, and to
cultivate to crop or otherwise the five acres
broken or plowed the first year; the third
year he or she shall cultivate 10 crop or
otherwise the five acres broken the second
year, and to plant in timber, seeds or cut
tings the five acres first broken or ploWed,
and to cultivate and put in crop or other
the remaining five acres 8, and the fourth
year to plant in timber, seeds or cuttings
the remaining five acres. All entries of
less quantity than one quarter section
shall be plowed, planted, cultivated and
planted to trees, tree seeds or cuttings, in
the same manner and in the same proper
ton as hcrelnbefore provided for quarter
section. Provided however that in case
such trees, seeds, or cuttings shall be des-
troyed by grasshoppers, or by extreme or
unusual drouth, for any year or term OF
years, the tilNc for planting such trees,
seeds or cuttings shall be extended one
year for every such year that they are SO
destroyed: Provided further, that person
making such entry shall, before he or she
shall be entitled to such extension Of time,
file with the register and the receiver of
the proper land office an aiiidayit, corTo-
borated by two witnesses, settirg forth the
destruction Of said trees, and that in con
sequence of such destruction, he or she is
compelled to ask an extension of time, in
accordance with the provisions Of this
act: And provided further. That no final
certificate shall be given, or patent issued,
for the land SO entered until the expiration
of eight years from the date Of such entry
and if, at the expiration Of such time, or
ct any time within five years thereafter, the
person making such entry, or If he or she
be dead, his or her heirs or legal represcn
tatives, shall prove by two credible wit
nesscs, that he or she or they have planted
and, for not less than eight years, have
cultivated and protected such quantity
and character Of trees as aforesaid; that
not less than twenty seven hundred trees
were planted on each acre and that at the
time of making such proof that there shall
then be growing at least six hundred anc
seventy five living and thrifty trees to each
acre, they shall receive q patent to such
land


Sec. J. That if at any time after the fiji


ing of said affidavit and prior to the
issuing of the patent for said land, th c
claimant shall fail to comply with any OF
the requirements of this act, then and il
that event such land shall be subject tC
entry under the homestead laws, or by
some other person under the provision fol
this act Provided That the party max
ing claim to such land either as home,
stead settler, or under this act, shall give
at the time of filing this application, such
notice to the origi lal claimant as shall be
prescribed by the rules established by the
commissioner of the general land office
and the rights of the particles shall be de
termined as in otner contested cases.


SEC. 4. That no land acquired under
the provision of this act shall, in any event
become liable to the satisfaction or any
debt or debts contracted prior to the issu
ing Of the final certificate therefor.


Sec. s. That the Commissioner of the
general land office IL hereby required to
prepare and issue such rules and regula
Z! tons, consistent with this act, as shall be
necessary and proper to carry its provis


ion into effect, and that the registers ant
receivers Of the several land offices shall
| each be eatillad To recniYe two dollars O