MINNESOTA STATE HORTICULTURAL SOCIETY. 143 
ing forty acres shall break and plant, at the times hereinbefore pre- 
scribed, one-quarter of the quantity required by a party who enters 
a quarter section, or a proportionate quantity for any smaller frac- 
tional subdivision ; Provided, however, That no final certificate shall 
be given or patent issued for the land so entered until the expira- 
tion of eight years from the date of such entry; and if, at the 
expiration 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 her 
heirs or legal representatives, shall prove by two credible witnesses 
that he or she or they have planted, for not less than eight years, 
have cultivated and protected such quantity and character of timber 
as aforesaid, they shall receive a patent for such quarter section or 
legal subdivision of eighty or forty acres of land, or for any frac- 
tional quantity of less than forty acres, as herein provided. And in 
case of the death of a person who has complied with the provisions 
of this act, for the period of three years, his heirs or legal repre- 
sentatives shall have the option to comply with the provisions of this 
act, and receive, at the expiration of eight years, a patent for 160 
acres, or receive without delay a patent for forty acres, relinquishing 
all claim to the re:nainder. 
SECTION THREE. 
That if, at any time after the filing of said affidavit, and prior to 
the issuing of the patent for said land, the claimant shall abandon 
the land, or fail to do the breaking and planting required by this 
act, or any part thereof, or shall fail to cultivate, protect, and keep 
in good condition such timber, then, and in that event, such land 
shall be subject to entry under the homestead laws, or by some other 
person under the provisions of this act; Provided, That the party 
making claim to said land, either as a homestead settler or under 
this act, shall give, at the time of filing his application, such notice 
to the original claimant as shall be prescribed by the rules estab- 
lished by the Commissioner of the General Land Office, and the 
rights of the parties shall be determined as in other contested cases. 
SECTION FOUR. 
That each and every person who, under the provisions of the act 
entitled, ‘‘ An act to secure homesteads to actual settlers on the 
public domain,” approved May 20th, 1862, or any amendment there- 
to, having a homestead on said public domain, who, at any time after 
the end of the third year of his or her residence thereon, shall, in 
addition to the settlement and improvements now required by law, 
have had under cultivation, for two years, one acre of timber, the 
trees thereon not being more than twelve feet apart each way, and in 
a good thrifty condition, for each and every sixteen acres of said 
homestead, shall, upon due proof of said fact by two credible wit- 
nesses, receive his or her patent for said homestead. 
SECTION FIVE. 
That no land acquired under the provisions of this act shall in 
