Page:United States Statutes at Large Volume 18 Part 3.djvu/51

 »FORTY-THIRD CONGRESS. Sess. I. Ch. 55. 1874. 2] CHAP. 55.——A11 act to amend the act entitled. "Au act to e11ccura.go the growth of March 13, 1 74. . timber on western pruidos." ’ "'_`_""` I Be it enacted by the Senate and House of Representatives of the United Staten of America, in Congress aaamnblcd, Than the act entitled “Au act: Amendment or to encourage the growth of timber 011 western pmiries," approved March 1873, ch. 277, vol. third, eightccu hundred and seventy-three, be, and the same is hereby, Xvih PP- 605, 606-. amended so as to read as follows : That any person who is the head of a — family or who has arrived at the age of twenty-one years, and is u citi- H¤¤·d¤ vit f=¤¤iii¢¤» zen of the United States, or who shall have iilad his declaration of iu- fcv Plaggfg 1mg' tention to become such, as required by the naturalization laws of the tfrfsvg PQMQHWS United States, who shall plant, protect, and keep in a. healthy, growing when. ’ condition for eight years, forty mares of timber, the trees thereon not being more than twelve feet apart each way, on any quairter-section of any of they public 1ands·of the United States, or twenty acres ou amy legal subdivision of eighty acres, or bon acres ou any legal subdivision of fcngby acres,»0r 0DO·ib\11'th part of any fractional subdivision of land less than forty acres, shall be entitled to a patent for the whole of said quarter-section, or of such legal subdivision of eighty br forty acres, or tractional subdivision of less than forty acres, as the case may be, at the expiration of said eight years, on making proof of such facts by not; less than two credible witnesses: Providul, That not more than one- Proviso. quarter of any section shall be thus granted, and that no person shall make more than one entry under the provisions of this act, unless fractional subdivisions of less than forty acres are entered which, in the aggregate, shall not exceed one quarter-section. _ ` SEO. 2. That the person applying for the benefit: of this act shall, upon ]?r6c0ediugs to obapplication to the register of the land-district; in which he or sho ismm b¤¤•>6¤ vf *hi¤ about to make such entry, make afddavit before the register, or the re- “°°‘ ceivar, or some ohicer authorized to administer oaths in the district where the land is situated, who is required by law to use an 0Hi<;ia.1 seal, that said entry is made for phe cultivation of timber, and upon filing said andavib with said register and said receiver, and dn payment of F¤<>¤· tau dollars, ho or sho shall thereupon be permitted counter the quantity of land spacihcd; and the party making an entry of a quarmr-section under tho provisions of this act snalrbo required to break tan acres of the1a. d covered thereby the first year, ton acres the second year, and twent? acres the third year after date of entry, and to plant tau acres Number of acres of timber the second yaa.x·,te11_acres the third year, and twenty acres the *‘{a bt‘;db'°k°”u’*”d fourth year after date of entry. A party making an entry of eightyp H mn""' Y' acres shall break and plant at tha times heroinbefore. prescribed, onehalf of the quantity required of a. party who enters a quarter-section, and a. party entering tbrby acres shall break and plant, at the times hereinbcfoyc prescribed, onequarccr of the quantity required of a. party who enters a. qua,rt>cr·sccti011 or a, proportionate quantity for may smaller fractional subdivision : Provided, however, That no final certificate shall Final cmincqm bo given 01- patent; issued for tho land so entered until the expiration of Pm *0 ¤¤- eight years from tho date of such entry; aud, if at the expiration of from dgtgff of;:; such time, or at any time within five years thereafter, the person making such entry, or if he or she be dead, his or hor heirs or legal represcntatives shall prove, by twmcrcdiblc witnesses, that hc, or she, or they have planted, aud, for not loss than eight years, ha,ve_cu{1:ivuted pmog of wmv,,, and protected such quantity and character of timber as aforesaid, they tm. ‘ shall receive a, patent: for- such quart:er··saction or legal subdivision of eighty or forty acres of land, 01- tbr any fractional quantity of loss than forty acres, as herein provided. And in casa of the death of a. person who has complied with the provisions of this act tbr the period of three years, his heirs or legal representatives shall have the 0pt10p tq com- Option of hem. ply with the provisions of this act, and receive at the egprratqon of eight years, a. patent for one hundred and sixty acres, 01- receive wqahout delay a patchb for forty acres, rcliuquishing all claim to the rcmmudcr.