18 



the third year of residence might have had under cultivation for two 

 years one acre of timber, iu mauner above designated, for each IG acres 

 of said homestead, might, upon due proof, receive his patent for said 

 homestead. 



5. Lauds thus acquired were not to become liable for debt prior to the 

 issuing of patent. 



Forms and regulations were to be issued by the Commissioner of the 

 General Laud Office, and penalties for perjury were imposed. 



>This act was amended March 13, 1874, as follows : 



Tbe privilege of entry was confined to persons who were heads of 

 families or over 21 years of age, and were citizens of the United States 

 or had declared their intention of becoming such. The time for perfect- 

 ing title was reduced to eight years. The planting might include 40 

 acres in a quarter-section, or 20 acres in 80, or 10 acres in 40, or a fourth 

 part of any fractional subdivision of land less than 40 acres, but not 

 more than a quarter-section could be entered by one person. 



The person making the entry is required to break one-fourth of the 

 area to be devoted to timber within one year from the date of entry ; 

 one-fourth part more within two years, and the remaining half within 

 three years from the date of entry. 



One-fourth part of the area to be planted must be set out in timber 

 within two years from the date of entry ; another fourth within three 

 years, and the remaining half within four years. The same provisions 

 with respect to spaces between trees and their cultivatioji and protec- 

 tion, that were embraced in the original act, are contained in the act as 

 amended, except as to the time for maintenance before the issue of a 

 patent. 



In case of the death of the person before the full amount is planted, 

 his heirs are to have the option of completing his undertaking or of re- 

 ceiving a patent for a part upon relinquishing their claim to the remain- 

 der. No patent is to be issued sooner than eight years after entry, and 

 proofs of compliance with the terms of the law are required. Uiion 

 proof of neglect or abandonment, the land becomes liable to homestead 

 entry or entry under tbe provisions of the timber-culture act, but not 

 until the original claimant has been notified and opportunity given for 

 defense. 



The provision relating to planting by those who had already located 

 a homestead were continued, as also the exemption from debt before 

 issuing of patent. The Register and Receiver of the district land -office 

 are entitled each to receive $2 at the time of entry and the like sum 

 when the patent is issued. Those who had already made entries, were 

 allowed the benefit of this act upon complying with its terms. 



Tbe timber-culture act of 1874 was further amended May 20, 1876, 

 by adding a proviso : 



That whenever a party holding a claim under the provisions of this act, or whenever 

 making final proof under the same, shall prove by two good and credible witnesses 

 that the trees planted and growing on said claim were destroyed by grasshoppers during 

 any one or more years while holding said claim, said year or years in which said 

 trees were so destroyed shall not work any forfeiture of any of the rights or privileges 

 conferred by this act ; and the time allowed by this act in which to plant the trees 

 and make final proof shall be extended the same number of years as the trees planted 

 on the said claim were destroyed iu the manner specified in this section. 



That the planting of seeds, nuts, or cuttings shall be considered a compliance with 

 the provisions of the timber-culture act : Provided, That such seeds, nuts, or cuttings 

 of the kind and for the purpose contemplated in the original act shall be properly and 

 well planted, the grouud properly prepared and cultivated ; and in case such seeds, 

 nuts, or cuttings sliould not germinate and grow, or should be destroyed by the depre- 

 dations of grasshoppers, or from other inevitable accident, that the grouud shall be 



