Acts of Congress relating to Timber Rights. 93 



planting begun under former acts were complied with. It may have 

 been done under the manner prescribed by either of these acts. 



340. With respect to the kinds of trees that might be regarded 

 as timber trees, within the meaning of the law, the following were 

 specified, viz.: "Ash, alder, beech, birch, black-walnut, basswood, 

 black-locust, cedar, chestnut, cottonwood, elm, fir, including spruce, 

 hickory, honey -locust, larch, maple, including box-elder, oak, pine, 

 plane-tree, otherwise called cotton-tree, buttonwood or sycamore, 

 service-tree, otherwise called mountain-ash, white-walnut, otherwise 

 called butternut, white-willow, and whitewood, otherwise called 

 tulip-tree." 



341. The above list was only intended as a general guide, and 

 will not be construed to exclude any trees falling within the descrip- 

 tion of trees recognized in the neighborhood as of value for timber, 

 or for commercial purposes, or for firewood and domestic use. 1 



342. The preparation of the land and the planting of trees being 

 acts of cultivation, the time so employed is to be counted as a part 

 of the eight years of cultivation required by law. Final proof must 

 be made in person, with his witnesses, and in the Land District where 

 the land is located. The testimony must bo given before a Judge 

 or Clerk of a court of record in that Land District, and the identity 

 and credibility of the party making the affidavit must be certified 

 by the officer administering the oath. 



343. The sum of $4, in addition to the amount paid upon entry, 

 must be paid when the final proof is made. No additional fees are 

 required or allowed. 



344. By official rulings entries by subdivisions of quarter-sections 

 may be made, if in the same section, and in a compact body, not 

 exceeding 160 acres in all. Where an entry is made upon a claim 

 that has been abandoned after breaking or planting, the second 

 party is not entitled to any allowances for the work done. After 

 entry of 160 acres, if from sickness the party can not complete the 



1 This general permission was granted by n decision of February 10, 1882. 

 The omissions in the list previously enumerated had given rise to severe criti- 

 cisms. Either of the following might in some localities be found worth cul- 

 tivating as t'mber trees, and several of them may be classed among the 

 more valuable kinds, viz: Ailanthus, blue-beech, cherry (especially the 

 black cherry,) gum-trees, hack berry, iron-wood, osage-orange, peach, pear, 

 apple, plum, etc. 



