104 LAWS APPLICABLE TO DEPARTMENT OF AGEICULTUKE. 



ACT JUNE 3, 1878, c. 15L (20 Stat. 89.) 



Cutting timber unlawfully; transportation of unlawfully cut timber; penalty; 

 clearing of land for mining and agricultural purposes, and taking timber 

 for use of United States excepted. 



Sec. 4. That after the passage of this act it shall be unlawful 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 Terri- 

 tory [the public-land States] or remove, or cause to be removed, any 

 timber from said public lands, with intent to export 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 vio- 

 lating the provisions of this section shall be guilty of a misdemeanor, 

 and, on conviction, shall be fined for every such offense a sum not 

 less than one hundred nor more than one thousand dollars : Provided, 

 That nothing herein contained shall prevent any miner or agricul- 

 turist from clearing his land in the ordinar}'' 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. 



Act June 3, 1878, c. 151, s. 4, 20 Stat. 90. 



The, provisions of this section are substantially incorporated in act 

 March 4, 1909, c. 321, s. 49, set forth below. 



Relief from prosecution on payment for lands. 



Sec. 5. That any person prosecuted in said States and Territory 

 [the public-land States] for violating section two thousand four hun- 

 dred and sixty-one of the Eevised Statutes of the United States who 

 is not prosecuted for cutting timber for export from the United 

 States, may be relieved from further prosecution and liability there- 

 for upon pajnnent, into the court wherein said action is pending, of 

 the sum of two dollars and fifty cents per acre for all lands on which 

 he shall have cut or caused to be cut timber, or removed or caused to 

 be removed the same: Provided, That nothing contained in this sec- 

 tion 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 per- 

 sons, as provided hereinbefore in this act: And, farther provided, 

 That all moneys collected under this act shall be covered into the 

 Treasury of the United States. And section four thousand seven 

 hundred and fifty-one of the Eevised Statutes is hereby repealed, so 

 far as is relates to the States and Territory herein named. 



Act June 3. 1878, c. 151, s. 5. 20 Stnt. 90. 



Rov. St. sec. 2461, mentioned in this section, is set forth above. 



This and the ju-oceding soclion are jiart of an act for the sale of timber 

 lands in "the States of California, Oregon, Nevada, and in Washington 

 Territory." The act is made aiiplicable to "all the public-land States" 

 by act August 4, 1892. c. 375, s. 2, 27 Stat. 34S. 



ACT MARCH 4, 1909, c. 321. (35 Stat. 1088.) 



Timber depredations on public lands; punishment for; rights of entrymen. 



Sec. 49. AVlioever shall cut, or cause or procure to bie cut, or shall 

 wantonly destroy, or cause to be wantonly destroj'ed, any timber 



