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transferred by bona-fide instrument in writing, may entitle themselves to said lands by paying the Government price therefor, and in no case less than one dollar and twenty-five cents per acre, and the amount heretofore paid the Govern

ment upon said lands shall be taken as part payment of Proviso. said price : Provided, This shall in no wise interfere with

the rights or claims of others who may have subsequently entered such lands under the homestead laws.

21 Stat. 237, 238. Decision Sec. Int., Sept. 23, 1875 (2 Copp's L. 0.

100). Decision Com. G. L. 0. (6 Copp's L. O. 189). Cir. G. L.

O., July 17, 1880 (7 Copp’s L. O. 89). Confirmation of SEC. 253. All homestead entries, or entries in compliance homestead en. tries within rail- with any law of the United States, of the public lands,

4df made in good faith, by actual settlers, upon tracts of land prior to receipt of notice of with, of not more than one hundred and sixty acres each, within

cal the limits of any land grant, prior to the time when notice office.

of the withdrawal of the lands embraced in such grant was received at the local land office of the district in which such lands are situated, or after their restoration to market by order of the General Land Office, and where the homestead laws have been complied with, and proper proofs thereof have been made by the parties holding such tracts or parcels, they shall be confirmed, and patents for the same shall issue to the parties entitled thereto.

19 Stat. 35, 36. Op. Att. Gen. Aug. 4, 1876, in manuscript. Cir. G.

L. O., Aug. 14, 1876 (3 Copp’s L. 0. 119). Lands within SEC. 254. When at the time of such withdrawal, as stated railroad grants ro.entered by in the preceding section, valid homestead claims existed abandonment.

or upon any lands within the limits of any such grants which

afterwards were abandoned, and, under the decisions and rulings of the Land Department, were re entered by homestead claimants who have complied with the laws governing homestead entries, and shalļ make the proper proofs required under such laws, such entries shall be deemed valid, and patents shall issue therefor to the person entitled thereto.

19 Stat. 35, 36. Decision Sec. Int., April 28, 1871 (1 Copp's L. 0.36). Homestead en SEC. 255. All such homestead entries which may have oxpiration of land been made by permission of the Land Department, or in grant confirmed.

pursuance of the rules and instructions thereof, within the limits of any land grant at a time subsequent to expiration of such grant, shall be deemed valid, and a compliance with the laws and the making of the proof required shall entitle the holder of such a claim to a patent therefor.

19 Stat. 35, 36. NOTE.-See section 210 for authority of homestead claimants to convey lands for church, cemetery, and school purposes, and for right of way for railroads.

claimants after

CHAPTER NINE.

TIMBER AND TIMBER CULTURE.

275.

Sec.
256. Timberon mineral lands may be taken

for certain purposes. Permission
to take not extended to railroad

companies.
257. Duty of register and receiver to re-

port unauthorized taking. 258. Penalty for unauthorized taking. 259. Timber and stone lands in California,

Oregon, &c., to be sold. 260. Application for purchase. False

swearing. 261. Publication of application. Facts to

be proved. Objections to patent. 262. Cutting timber unlawfully; penalty. 263. Certain prosecutions, relief from. 264. Repeals. 265. Live-oak and red-cedar lands. 266. Selection of live-oak and red-cedar

tracts. 267. Protection of live-oak and red-cedar

timber. 268. Cutting or destruction of live-oak or

red-cedar; penalty 269. Vessels employed in carrying away

live-oakand red-cedar; forfeiture of. 270. Clearance of vessels; laden with live

oak; prosecution of depredators. 271. Secretary of Navy to ascertain what

reserved lands not required for

naval purposes.
272. Lands not required, to be certified to

Secretary of Interior and thereafter
to be subject to entry and sale.
Preference right of purchase for
certain parties.

Sec.
273. Cutting or injuring trees on lands of

United States reserved or purchased

for public uses; punishment. 274. Authority to condone trespasses com

mitted prior to March 1, 1879. Timber-culture entries. Patents to

issue for lands cultivated in timber at expiration of eight years. Ouly one-quarter of a section to be en

tered, and but one entry allowed. 276. Oath on application for entry. 277. Number of acres to be broken and

planted annually. Time extended in case of destruction by grasshop

pers or drought. 278. Proof of cultivation, final certificate,

and patent. 279. Right to be forfeited on failure to

comply with the law. 280. Land not liable for prior debts. 281. Commissioner to make regulations.

Fees of registers and receivers. 282. False oath constitutes perjury.

fected. 284. Publication of notice of contest. 285. Lands relinquished by timber-culture

claimants, subject to re-entry at !

once. 286. Contestants of timber-culture entries

allowed thirty days after notice of cancellation to make entry.

SEC. 256. All citizens of the United States and other per- Timber on minsons, bona-fide residents of the State of Colorado, or Nevada, et

oda an Novod, eral lands may be or either of the Territories of New Mexico, Arizona, Utah, purposes. Wyoming, Dakota, Idaho, or Montana, and all other mineral districts of the United States, shall be, and are hereby, authorized and permitted to fell and remove, for building, agricultural, mining, or other domestic purposes, any timber or other trees growing or being on the public lands, said lands being mineral, and not subject to entry under existing laws of the United States, except for mineral entry, in either of said States, Territories, or districts of which such citizens or persons may be at the time bona-fide residents, subject to such rules and regulations as the Secretary of the Interior may prescribe for the protection of the timber and of the undergrowth growing upon such lands, and for other

95

so take not ex. tended to railroad companies.

ing.

Permission to purposes: Provided, That the foregoing provisions shall not

jextend to railroad corporations.

20 Stat. 88. U. S. v. Nelson, 5 Saw. C. C. 68. 1 Op. Att. Gen. 471, 475. Rogers v. Soggs, 22 Čal. 444. Cir. G. L.O., Aug. 15, 1878 (6

Copp's L. O. 21). Duty ofregister SEC. 257. It shall be the duty of the register and the receiver and receiver to fony leol lend 246 report upon un

17. of any local land office in whose district any mineral land authorized tak. may be situated to ascertain from time to time whether any ing.

timber is being cut or used upon any such lands, except for the purposes authorized in the preceding section, within their respective land districts; and, if so, they shall immediately notify the Commissioner of the General Land Office of that fact; and all necessary expenses incurred in making such proper examinations shall be paid and allowed such register and receiver in making up their next quarterly accounts.

20 Stat. 88. Cir. G. L. O., Aug. 15, 1878 (6 Copp's L. 0.21). Penalty for un- Sec. 258. Any person or persons, who shall violate the

* provisions of the two next preceding sections, or any rules

and regulations in pursuance thereof made by the Secretary of the Interior, shall be deemed guilty of a misdemeanor, and, upon conviction, shall be fined in any sum not exceeding five hundred dollars, and to which may be added imprisonment for any term not exceeding six months.

20 Stat. 89. Cotton v. U.S., 11 How. 229; Hutchins v. King, 1 Wall. 53; Schulenberg e. Harriman, 21 id. 44. U. S. v. Nelson, 5 Saw. c. C. 68. 1 Op. Att. Gen. 194, 471, 475. Cir. G. L. O., Aug. 15, 1878

(6 Copp's L. 0.21). Timber and SEC. 259. Surveyed public lands of the United States California, Ore. within the States of California, Oregon and Nevada and in gon, &c.,' to be Washington Territory, not included within military, Indian,

or other reservations of the United States, valuable chiefly for timber, but unfit for cultivation, and which have not been offered at public sale according to law, may be sold to citizens of the United States, or persons who have declared their intention to become such, in quantities not exceeding one hundred and sixty acres to any one person or association of persons, at the minimum price of two dollars and

fifty cents per acre; and lands valuable chiefly for stone Proviso. may be sold on the same terms as timber lands: Provided,

That nothing herein contained shall defeat or impair any bona-fide claim under any law of the United States, or authorize the sale of any mining claim, or the improvements of any bona-fide settler, or lands containing gold, silver, cinnabar, copper, or coal, or lands selected by the said States under any law of the United States donating lands for internal improvements, education, or other purposes : And provided further, That none of the rights conferred by the act approved July twenty-sixth, eighteen hundred and sixtysix, entitled "An act granting the right of way to ditch and canal owners over the public lands, and for other purposes," shall be abrogated by this act; and all patents granted shall be subject to any vested and accrued water rights, or rights to ditches and reservoirs used in connection with such water rights, as may have been acquired under and by the pro

sold.

visions of said act; and such rights shall be expressly reserved in any patent issued under this act.

14 Stat. 251; 20 id. 89; R. S. 2339, 2340, 2341. McFarland v. Culbertson, 2 Nev. 280 ; Peck v. Brown, 5 id. 81; Eureka Mg. Co. r. Way, 11 id. 171. Decision Com. G. L. O., June 6, 1874 (1 Copp's L.

0.58). Cir. G. L. O., May 1, 1880 (7 Copp's L. O. 26). SEC. 260. Any person desiring to avail himself of the pro- Application for visions of this act shall file with the register of the proper purchase. district a written statement in duplicate, one of which is to be transmitted to the General Land Office, designating by legal subdivisions the particular tract of land he desires to purchase, setting forth that the same is unfit for cultivation, and valuable chiefly for its timber or stone; that it is uninhabited; contains no mining or other improvements, except for ditch or canal purposes, where any such do exist, save such as were made by or belong to the applicant, nor, as deponent verily believes, any valuable deposit of gold, silver, cinnabar, copper, or coal ; that deponent has made no other application under this act; that he does not apply to purchase the same on speculation, but in good faith to appropriate it to his own exclusive use and benefit; and that he has not, directly or indirectly, made any agreement or contract, in any way or manner, with any person or persons whatsoever, by which the title which he might acquire from the Government of the United States should inure, in whole or in part, to the benefit of any person except himself; which statement must be verified by the oath of the applicant before the register or the receiver of the land office within the district where the land is situated; and if any person taking such oath shall swear falsely in the premises, he shall. False swearing

i in application. be subject to all the pains and penalties of perjury, and shall" forfeit the money which he may have paid for said lands, and all right and title to the same; and any grant or conveyance which he may have made, except in the hands of bona-fide purchasers, shall be null and void.

20 Stat. 89. Cir. G. O. L., May 1, 1880 (7 Copp’s L. 0.26). SEC. 261. Upon the filing of said statement, as provided Publication of in the preceding section, the register of the land office, apphie shall post a notice of such application, embracing a description of the land by legal subdivisions, in his office, for a period of sixty days, and shall furnish the applicant a copy of the same for publication, at the expense of such applicant, in a newspaper published nearest the location of the premises, for a like period of time; and after the expiration of said sixty days, if no adverse claim shall have been filed, the person desiring to purchase shall furnish to the register Faots to be of the land office satisfactory evidence, first, that said notice of proved the application prepared by the register as aforesaid was duly published in a newspaper as herein required ; secondly, that the land is of the character contemplated in this act, unoccupied and without improvements, other than those excepted, either mining or agricultural, and that it apparently contains no valuable deposits of gold, silver, cinnabar, copper, or coal; and upon payment to the proper officer of the purchase money of said land, together with the fees of the

application,

register and the receiver, as provided for in case of mining claims in the one hundred and thirty-seventh section, the applicant may be permitted to enter said tract, and, on the transmission to the General Land Office of the papers and

testimony in the case, a patent shall issue thereon: ProObiection to vided, That any person having a valid claim to any portion patent.

of the land may object, in writing, to the issuance of a patent to lands so held by him, stating the nature of his claim thereto; and evidence shall be taken, and the merits of said objectiou shall be determined by the officers of the land office, subject to appeal, as in other land cases. Effect shall be given to the foregoing provisions of this act by regulations to be prescribed by the Commissioner of the General Land Office.

17 Stat. 95; 20 id. 89. R. S. 2238. McFarland v. Culbertson, 2 Nev. 280;

Peck v. Brown, 5 id. 81. Cir. G. L. O., May 1, 1880 (7 Copp's L. 0.26). Cutting timber SEC. 262. After the passage of this act it shall be uplawunlawfully.

ful to cut, or cause or procure to be cut, or wantonly destroy, any timber growing on any lands of the United States, in said States and Territory, or remove, or cause to be removed, any timber from said public lands, with intent to ex. port or dispose of the same; and no owner, master, or consignee of any vessel, or owner, director, or agent of any railroad, shall knowingly transport the same, or any lumber manufactured therefrom; and any person violating the pro

visions of this section shall be guilty of a misdemeanor, and, Penalty.

on conviction, shall be fined for every such offense a sum

not less than one hundred mor more than one thousand dolProviso. lars: Provided, That nothing herein contained shall pre

vent any miner or agriculturalist from clearing his land in the ordinary working of his mining claim, or preparing his farm for tillage, or from taking the timber necessary to support his improvements, or the taking of timber for the use of the United States; and the penalties herein provided shall not take effect until ninety days after the passage of this act.

20 Stat. 90. Cotton v. U. S., 11 How. 229. U. S. v. McEntee, U.

S. Dist. Ct. Minn., Oct. 1877. Docision Com. G. L. O., Dec. 11, 1878, (6 Copp's L. O. 76). Cir. G. L. O., Aug.15, 1878 (6 Copp's L. O. 21);

May 1, 1880 17 id. 26). Certain prose- SEC. 263. Any person prosecuted in said States and Tercations, relief from.

ritory for violating section two hundred and sixty-eight, who is not prosecuted for cutting timber for export from the United States, may be relieved from further prosecution and liability therefor upon payment, into the court wherein said action is pending, of the sum of two dollars and fifty cents per acre for all lauds on which he shall have cut or

caused to be cut timber, or removed or caused to be reProviso. moved the same: Provided, That nothing contained in this

section shall be construed as granting to the person hereby relieved the title to said lands for said payment; but he shall have the right to purchase the same upon the same terms and conditions as other persons, as provided hereinbefore in this act: And further provided, That all moneys collected under this act shall be covered into the Treasury of the United States. And section four thousand seven hun

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