26 NATIONAL FOREST MANUAL rLAWS. 



Act of March 3, 1891 (26 Stat.. I 



AN ACT To amend section eight of an act approved March third, eighteen hundred 

 and ninety-one, entitled "An act to repeal timber culture laws and for other purposes." 



That section eight of an act entitled "An act to repeal timber-culture 

 laws, and for other purposes" approved March third, eighteen hundred 

 and ninety-one, be, and the same is hereby amended so as to read as 

 follows: 



Suits to vacate "SEC. 8. That suits by the United States to vacate and annul any 

 patent heretofore issued shall only be brought within fivo y-ars from 

 the passage of this act, and suits to vacate and annul patents hereafter 

 issued shall only be brought within six years after the daio of t la- 

 issuance of such patents/ And in the States of Colorado, Montana, 

 Idaho, North Dakota, and South Dakota, Wyoming and the District 

 of Alaska, and the gold and silver regions of Nevada and the Territory 

 of Utah, in any criminal prosecution or civil action by the United 

 States for a trespass on such public timber lands or to recover timber 

 or lumber cut thereon, it shall be a defense if the defendant shall 

 show that the said timber was so cut or removed from the timber lands 

 for use in such State or Territoiy by a resident thereof for agricultural, 

 mining, manufacturing, or domestic purposes under rules and regula- 

 tions made and prescribed by the Secretary of the Interior, and has 

 not been transported out of the same; but nothing herein contained 

 shall operate to enlarge the rights of any railway company to cut 

 timber on the public domains: Provided, That the Secretary of the 

 Interior may make suitable rules and regulations to carry out the 



Civisions of this act and he may designate the sections or tracts of 

 d where timber may be cut, and it shall not be lawful to cut or 

 remove any timber except as may be prescribed by such rules and 

 regulations; but this act shall not operate to repeal the act of June 

 third, eighteen hundred and seventy-eight, providing for cutting of 

 timber on mineral lands. 



Act of February 3, 1911 (36 Stat., 896). 

 AN ACT Providing for second homestead and desert-land entries. 



Second ho me- That any person, who, prior to the approval of this act, has made 

 ' ies> entry under the homestead or desert-land laws, but who, subsequently 

 to such entry, from any cause shall have lost, forfeited or abandoned 

 the same, shall be entitled to the benefits of the homestead or desert- 

 land laws as though such former entry had not been made, and any per- 

 son applying for a second homestead or desert-land entry under this 

 act shall furnish a description and the date of his former entry: Provided, 

 That the provisions of this act shall not apply to any person w r hose 

 former entry was canceled for fraud, or who relinquished his former 

 entry for a valuable consideration in excess of the filing fees paid by 

 him on his original entry. 



See also act of June 5, 1900, sec. 2 (31 Stat., 267); act of May 22, 1902, sec. 2 (32 Stat., 203); 

 and act of Feb. 8, 1908 (35 Stat., 6). 



LIMITATION TO 320 ACRES UNDER ALL LAND LAWS, EXCEPTING MIN- 

 ERAL LAWS. 



Act August 30. 1890 (26 Stat., 391). 



Act March 3, 1891, section 17 (26 Stat., 1095). 



FREE HOMESTEADS ON CERTAIN INDIAN LANDS OPENED TO SETTLE- 

 MENT. 



Act May 17, 1900 (31 Stat., 179). 

 Act June 26, 1901 (31 Stat., 740). 



ADDITIONAL HOMESTEAD ENTRIES. 



Act March 2, 1889, section 6 (25 Stat., 854). 



Act April 28, 1904, sections 2 and 3 (33 Stat., 527). 



i Such suits must be based on a showing of fraud as distinguished from noncompliance 

 with law, and the evidence of fraud must be clear, unequivocal, and convincing, and not 

 a bare preponderance of evidence which leaves the issue in doubt (U. S. v. Barber, 194 

 Fed., 24). 



