94 Acts of Congress relating to Timber Eights. 



planting, if the amount broken be as much as the law requires for 

 a less amount, he may relinquish 80 acres, retaining the part on 

 which work is begun. A claim once entered can not be exchanged 

 for another. 



945. A strict compliance with the terms of the law has been held 

 as necessary. Should less than five acres be broken, for example, 

 in one year, the difference could not be made up by an excess of 

 plowing the second year. The word " cultivation" does not neces- 

 sarily imply the raising of a crop. It may be done by plowing, 

 harrowing, or otherwise. 



346. Every timber-culture entry is made subject to a right of con- 

 test, by any person who can show non-compliance as a ground of 

 forfeiture. He who faithfully complies with the law has little to 

 apprehend, for contestants must pay the costs if not successful. 



347. Where a scattered growth of trees exists on the margin of a 

 stream or a section of laud, and there are none growing elsewhere 

 on the section, it has been held that the tract is " naturally devoid of 

 timber" if there are less than 50 trees to the section. The quality 

 of the trees, rather than their number, has determined questions 

 arising upon this point. Because a tract was covered by a prior 

 timber-culture entry, this is not evidence that the laud is properly 

 subject to the timber-culture law. The person who makes affidavit 

 should assure himself of the fact. 



Planting under the Homestead- Entry Act. 



348. Under an act relating to homestead entries, in force from 

 March 13, 1874, to June 14, 1878, a person entitled under the 

 homestead act, who at any time after the third year of his or her 

 residence thereon, had, in addition to the settlement and improve- 

 ments required by law, brough t under cultivation for two years one acre 

 of timber, not more than twelve feet apart each way, and had kept 

 it in good thrifty condition, for each sixteen acres of his homestead, 

 he was entitled to receive a patent for the same, upon proof of the 

 fact. The rights acquired while this act was in force, will remain 

 valid, until the limitation of that act has expired. 



Use of Timber by Railroad Companies. 



349. By an act approved March 3, 1878, entitled " an act granting 

 to railroads the right of way through the public lands of the United 

 States," these companies are allowed the right of 100 feet on each 



