Page:United States Statutes at Large Volume 20.djvu/139

 I 14 FORTY-FIFTH CONGRESS. Sess. II. Ch. 190. 1878. persons whomsoever; that I intend to hold and cultivate the land, and to fully comply with the provisions of this said act; and that I have not heretofore made an entry under this act, or the acts of which this is Fees. amendatory. And upon dling said adidavit with said register and said receiver and on payment of ten dollars, if the tract applied for is more than eighty acres; and dve dollars if it is eighty acres or less, he or she Entry. shall thereupon be permitted to enter the quantity of land specified; Number of acres and the party making an entry of a quarter-section under the provisions iq be *****]****1 and of this act shall be required to break or plow five acres covered thereby P °"t°d ““"“°‘uy‘ the drst year, dve acres the second year, and to cultivate to crop or otherwise the dve acres broken or plowed the drst year; the third year he or she shall cultivate to crop or otherwise the five acres broken the second year, and to plant in timber, seeds, or cuttings the dve acres iirst broken or plowed, and to cultivate and put in crop or otherwise the remaining dve acres, and the fourth year to plant in timber, seeds, or cuttings the remaining dve acres. All entries of less quantity than one quarter·sectiou shall be plowed, planted, cultivated and planted to trees, tree-seeds, or cuttings, in the same manner and in the same pro- Time extended portion as hereinbefore provided for a quarter section. Provided, howl? cw °f d°¤*’¤°· ever, That in case such trees, seeds, or cuttings shall be destroyed by °'°"* °t°‘ grasshoppers, or by extreme and unusual drouth, for any year or term of years, the time for planting such trees, seeds, or cuttings shall be extended one year for every such year that they are so destroyed: P*°*>*¤o· Provided further, That the 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-oidce an adidavit, corroborated by two witnesses, setting forth the destruction of such trees, and that, in consequence of such destruction, he or she is compelled to ask an exten- Film! <=¢1‘ti¤¢¤¢<>· sion of time, in accordance with the provisions of this act: And provided further, That no dual 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 at any time within dve years thereafter, the person making such entry, or, it' he or she be _ Proof of cultiva· dead, his or her heirs or legal representatives, shall prove by two cred- 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 be then growing at least six hundred and seventy-dve living and thrifty trees to each acre, they shall receive a patent tor such tract of land. Foilvro *9 °°¤¤· SEO 3. That if at any time after the dling of said atlidavit, and prior p)y·"‘*h th" “°°‘ to the issuing of the patent for said land, the claimant shall fail to comply with any of the requirements of this act, then and in that event such land shall be subject to entry under the homestead laws, or by Promo- some other per on under the provisions of this act. Provided, That the party making claim to said land, either as a homesteadsettler, or under this act, shall give at the time of dliug his application, such notice to the original claimant as shall be prescribed by the rules established by the Commissioner of the General Land Omce; and the rights of the parties shall be determined as in other contested cases. Land not liable SE0 4. That no land acquired under the provisions of this act shall, f°' P"°' ‘]°b*“· in any event, become liable to the satisfaction of any debt or debts contracted prior to the issuing of the dual certidcate therefor. Bnles by Cem- SEC 5. That the Commissioner of the General Land Office is hereby ¥¤*¤*·¤°¤°¤‘· required to prepare and issue such rules and regulations, consistent with this act, as shall be necessary and proper to carry its provisions into Fees er registers effect; and that the registers and receivers of the several land-offices wd '°°°“’°”· shall each be entitled to receive two dollars at the time of entry, and the like sum when the claim is dually established and the dual certidcate issue. False oath. Sao 6. That the dfth section of the act entitled *‘An act in addition
 * ·'°“- ible witnesses that he or she or they have planted, and, for not less than