dred and fifty-one of the Revised Statutes is hereby repealed, so far as it relates to the States and Territory herein named. 20 Stat. 90, 91. U. S. v. Nelson, 5 Saw. C. C. 68. Cir. G. L. O., Aug. 15, 1878 (6 Copp's L. O. 21). SEC. 264. All acts and parts of acts inconsistent with the Repeals. provisions of the five preceding sections are repealed. 20 Stat. 90, 91. red-cedar lands. SEC. 265. The Secretary of the Navy is authorized, under Live-oak and the direction of the President, to cause such vacant and unappropriated lands of the United States as produce the liveoak and red-cedar timbers to be explored, and selection to be made of such tracts or portions thereof, where the principal growth is of either of such timbers, as in his judgment may be necessary to furnish for the Navy a sufficient supply of the same. Selection of live 3 Stat. 347, 607; 4 id. 242; R. S. 2458. U. S. v. Briggs, 9 How. 351. Cir. G. L. O., Aug. 8, 1831, (2 Laws, Instructions, and Opinions, 455). SEC. 266. The President is authorized to appoint survey- oak and red-cedar ors of public lands, who shall perform the duties prescribed tracts. in the preceding section, and report to him the tracts by them selected, with the boundaries ascertained and accurately designated by actual survey or water-courses; and the tracts of land thus selected with the approbation of the President shall be reserved, unless otherwise directed by law, from any future sale of the public lands, and be appropriated to the sole purpose of supplying timber for the Navy of the United States; but nothing in this section contained shall be construed to prejudice the prior rights of any person claiming lands, which may be reserved in the manner herein provided. 3 Stat. 347; R. S. 2459. U. S. v. Briggs, 9 How. 351. 2 Op. Att. Gen. 524. Cir. G. L. O., Aug. 8, 1831 (2 Laws, Instructions, and Opinions, 455). live-oak and-red SEC. 267. The President is authorized to employ so much, Protection of of the land and naval forces of the United States as may cedar timber. be necessary effectually to prevent the felling, cutting down, or other destruction of the timber of the United States in Florida, and to prevent the transportation or carrying away any such timber as may be already felled or cut down; and to take such other and further measures as may be deemed advisable for the preservation of the timber of the United States in Florida. struction of live 3 Stat. 651; R. S. 2460. Schulenberg v. Harriman, 21 Wall. 44. SEC. 268. If any person shall cut, or cause or procure to Cutting or debe cut, or aid, assist, or be employed in cutting, or shall oak or red-cedar; wantonly destroy, or cause or procure to be wantonly de- penalty. stroyed, or aid, assist, or be employed in wantonly destroying any live-oak or red cedar trees, or other timber standing, growing, or being on any lands of the United States, which, in pursuance of any law passed, or hereafter to be passed, have been reserved or purchased for the use of the United States, for supplying or furnishing therefrom timber for the Navy of the United States; or if any person shall remove, or cause or procure to be removed, or aid, or assist, or be employed in removing from any such lands which have been reserved or purchased, any live-oak or red-cedar trees, or other timber, unless duly authorized so to do, by order, in writing, of a competent officer, and for the use of the Navy of the United States; or if any person shall cut, or cause or procure to be cut, or aid, or assist, or be employed in cutting any live oak or red-cedar trees, or other timber on, or shall remove, or cause or procure to be removed, or aid, or assist, or be employed in removing any live-oak or red cedar trees or other timber, from any other lands of the United States, acquired or hereafter to be acquired, with intent to export, dispose of, use, or employ the same in any manner whatsoever, other than for the use of the Navy of the United States; every such person shall pay a fine not less than triple the value of the trees or timber so cut, destroyed, or removed, and shall be imprisoned not exceeding twelve months. 4 Stat. 472; R. S. 2461. U. S. v. Briggs, 9 How. 351; Cotton v. U. S., 11 id. 229; Hutchins v. King, 1 Wall. 53; Schulenberg v. Harriman, 21 id. 44. U. S. v. McEntee, U. S. Dist. Ct. Minn., Oct. 1877, in manuscript; U. S. v. Nelson, 5 Saw. C. C. 68. Kansas v. Harrold, 9 Kansas, 194; Stevens v. Perrier, 12 id. 297; James v. Snelson, 3 Mo. 278; Turley v. Tucker, 6 id. 583; Bower v. Higbee, 9 id. 259; Keeton v. Andsley, 19 id. 362; Woodruff v. Roberts, 4 La. Ann. 127; Lovett v. Noble, 1 Scamm. (Ills.) 185 (11 Ills. 529); Wincher v. Schrewsbury, 2 Scamm. (Ills.) 284; Rogers v. Soggs, 22 Cal. 444. 1 Op. Att. Gen. 194, 471, 475; 2 id. 524. Decision Sec. Int., Dec. 26, 1854 (1 Lester's L. L. 629). Decisions Com. G. L. O., Sept. 1, 1865 (Zab. L. L. 391); June 29, 1874 (1 Copp's L. O. 102); Dec. 11, 1878 (6 id. 76). Cir. G. L. O., Dec. 24, 1855 (Zab. L. L. 888; Copp's L. L. 658; 1 Copp's L. O. 102); May 2, 1877 (4 Copp's L. 0.55); Aug. 15, 1878 (6 id. 21); June 27, 1879 (6 id. 59); May 1, 1880 (7 id. 26). Vessels em- SEC. 269. If the master, owner, or consignee of any vesployed in carry: sel shall knowingly take on board any timber cut on lands ing away live-oak and red-cedar; which have been reserved or purchased as in the preceding forfeiture of. Clearance of live-oak; prosecu ors. section prescribed, without proper authority, and for the use of the Navy of the United States; or shall take on board any live-oak or red-cedar timber cut on any other lands of the United States, with intent to transport the same to any port or place within the United States or to export the same to any foreign country, the vessel on board of which the same shall be taken, transported, or seized, shall, with her tackle, apparel, and furniture, be wholly forfeited to the United States, and the captain or master of such vessel wherein the same was exported to any foreign country against the provisions of this section shall forfeit and pay to the United States a sum not exceeding one thousand dollars. 4 Stat. 472; R. S. 2462. 4 Op. Att. Gen. 247, 339, 403. SEC. 270. It shall be the duty of all collectors of the cusvessels laden with toms within the States of Alabama, Mississippi, Louisiana, tion of depredat- and Florida, before allowing a clearance to any vessel laden in whole or in part with live-oak timber, to ascertain satisfactorily that such timber was cut from private lands, or, if from public ones, by consent of the Navy Department. And it is also made the duty of all officers of the customs, and of the land officers within those States, to cause prosecu tions to be seasonably instituted against all persons known to be guilty of depredations on, or injuries to, the live-oak growing on the public lands. 4 Stat. 647; R. S. 2463. 4 Op. Att. Gen. 403. Secretary of Navy to ascertain what reserved lands not required for naval pur SEC. 271. The Secretary of the Navy is authorized to cause an examination to be made of the condition of all lands in the State of Florida which have been set apart or reserved for naval purposes, excepting the reservation upon poses. which the navy-yard at Pensacola is located, and to ascertain whether or not such reserved lands are or will be of any value to the Government of the United States for naval purposes. 20 Stat. 470, 471. thereafter to be SEC. 272. All of said lands which, in the judgment of the Lands not required, to be cerSecretary of the Navy, are no longer required for naval pur- tified to Secretary poses shall, as soon as practicable, be certified by him to the of Interior and Secretary of the Interior, and be subject to entry and sale subject to entry in the same manner and under the same conditions as other and sale. public lands of the United States: Provided, That all per- Preference right of purchase for sons who have, in good faith, made improvements on said certain parties. reserved lands so certified on the third day of March, eighteen hundred and seventy-nine, and who occupy the same, shall be entitled to purchase the part or parts so occupied and improved by them, not to exceed one hundred and sixty acres to any one person at one dollar and twenty-five cents per acre within such reasonable time as may be fixed by the Secretary of the interior. 20 Stat. 471. or purchased for SEC. 273. If any person or persons shall knowingly and Cutting or injuring trees on unlawfully cut, or shall knowingly aid, assist, or be em-lands of United ployed in unlawfully cutting, or shall wantonly destroy or States reserved injure, or procure to be wantonly destroyed or injured, any public uses. timber tree or any shade or ornamental tree, or any other kind of tree, standing, growing, or being upon any lands of the United States, which, in pursuance of law, have been reserved, or which have been purchased by the United States for any public use, every such person or persons so offending, on conviction thereof before any circuit or district court of the United States, shall, for every such offense, pay a fine not exceeding five hundred dollars, or shall be Punishment. imprisoned not exceeding twelve months: Provided, That Proviso. nothing in this section shall be construed to apply to unsurveyed public lands and to public lands subject to pre-emption and homestead laws, nor to public lands subject to an act to promote the development of the mining resources of the United States, approved May tenth, eighteen hundred and seventy-two. condone tres 18 Stat. 481, 482. U. S. v. Briggs, 9 How. 351; Cotton v. U. S., 11 id. 229; Hutchins v. King, 1 Wall. 53. 1 Op. Att. Gen. 194. SEC. 274. When any lands of the United States, not min- Authority to eral, shall have been entered and the Government price passes committed paid therefor in full, no criminal suit or proceeding by or prior to March 1, in the name of the United States shall thereafter be had or further maintained for any trespasses upon or for or on 1879. Proviso. account of any material taken from said lands, and no civil suit or proceeding shall be had or further maintained for or on account of any trespasses upon or material taken from the said lands of the United States in the ordinary clearing of land, in working a mining claim, or for agricultural or domestic purposes, or for maintaining improvements upon the land of any bona-fide settler, or for or on account of any timber or material taken or used by any person without fault or knowledge of the trespass, or for or on account of any timber taken or used without fraud or collusion by any person who, in good faith, paid the officers or agents of the United States for the same, or for or on account of any alleged conspiracy in relation thereto: Provided, That the provisions of this section shall apply only to trespasses and acts done or committed and conspiracies entered into prior to March first, eighteen hundred and seventy-nine: And provided further, That defendants in such suits or proceedings shall exhibit to the proper courts or officer the evidence of such entry and payment, and shall pay all costs accrued up to the time of such entry. Act of June 15, 1880. U. S. v. McEntee, U. S. Dist. Ct. Minn., Oct. 1877, in manuscript. Decision Com. G. L. O., June 29, 1874 (1 Copp's L. 0.152). Cir. G. L. O., July 17, 1880 (7 Copp's L. O. 89). Timber-culture SEC. 275. The act entitled "An act to amend the act entiPatents to issue tled 'An act to encourage the growth of timber on western for land culti- prairies,"" approved March thirteenth, eighteen hundred and at expiration of seventy-four, is amended to read as follows: That any person eight years. entries. vated in timber who is the head of a family, or who has arrived at the age of twenty-one years, and is a citizen of the United States, or who shall have filed his declaration of intention to become such, as required by the naturalization laws of the United States, who shall plant, protect, and keep in a healthy, growing condition for eight years ten acres of timber, on any quarter-section of any of the public lands of the United States, or five acres on any legal subdivision of eighty acres, or two and one-half acres on any legal subdivision of forty acres or less, shall be entitled to a patent for the whole of said quarter-section, or of such legal subdivision of eighty or forty acres, or fractional subdivision of less than forty acres, as the case may be, at the expiration of said eight years, on making proof of such fact by not less than two credible witnesses, and a full compliance of the further conditions as provided in the next section: Provided, That not more than ter of a section to one quarter of any section shall be thus granted, and that no be entered, and person shall make more than one entry under the provisions but one entry allowed. of this law. Only one quar 20 Stat. 113, 114, 115. Decisions. Sec. Int., July 31, 1876 (3 Copp's L. O. 73); Aug. 3, 1876 (3 id. 122); Jan. 4, 1877 (3 id. 181); Sept. 24, 1877 (4 id. 134); Feb. 12, 1879 (6 id. 22); Aug. 23, 1879 (6 id. 113); Sept. 12, 1879; Dec. 4, 1879 (6 Copp's L. O. 153); April 30, 1880 (7 id. 39). Decisions Com. G. L. O., June 10, 1873 (Copp's L. L. 657) June 24, 1873 (id. 652); June 6, 1874 (id. 653; 1 Copp's L. O. 58); June 20, 1874 (Copp's L. L. 658); June 30, 1874 (id. 656); Ang. 4, 1874 (id. 654; 1 Copp's L. O. 92); Aug. 17, 1874 (1 Copp's L. O. 92); Oct. 23,1874 (Copp's L. L. 655; 2 Copp's L. O. 39); Dec. 11, 1874 (6 Copp's L. O. 174); Aug. 16, 1875 (2 id. 86); March 27, 1876 (3 id. 3); June 30, 1876 (3 id. 73); July 6, 1876 (3 id. 71); July 6, 1876 (3 id. 71); July 17, 1876 (3 id. 72); Dec. 12, 1876 (3 id. 172); Jan. 27, 1877 (3 id. 179); April 9, 1877 (4 id. 162); July 25, 1877 (4 id. 85); SEC. 276. The person applying for the benefits of this law Oath on appli shall, upon application to the register of the land district in cation for entry. which he or she is about to make such entry, make affidavit, before the register or the receiver, or the clerk of some court of record, or officer authorized to administer oaths in the district where the land is situated; which affidavit shall be as follows, to wit: I, -, having filed my application, number - for an entry under the provisions of an act entitled "An act to amend an act entitled 'An act to encourage the growth of timber on the western prairies,"" approved 187-, do solemnly swear (or affirm) that I am the head of a family (or over twenty-one years of age), and a citizen of the United States (or have declared my intention to become such); that the section of land specified in my said application is composed exclusively of prairie lands, or other lands devoid of timber; that this filing and entry is made for the cultivation of timber, and for my own exclusive use and benefit; that I have made the said application in good faith, and not for the purpose of speculation, or directly or indirectly for the use or benefit of any other person or persons whatsoever; that I intend to hold and cultivate the land, and to fully comply with the provisions of the law; and that I have not heretofore made an entry under the timberculture laws. 20 Stat. 113, 114, 115. Decisions Sec. Int., May 15, 1876 (3 Copp's L. O. 38); July 31, 1×76 (3 id. 73); Jan. 4, 1877 (3 id. 181); Sept. 24, 1877 (4 id. 134); Sept. 12, 1879. Decisions Com. G. L. O., June 6, 1874 (Copp's L. L. 653; 1 Copp's L. O. 58); Aug. 6, 1874 (Copp's L. L. 654); Oct. 23, 1874 (id. 655; 2 Copp's L. L. 39); Dec. 11, 1874; Jan. 24, 1879; Dec. 18, 1879 (6 Copp's L. O. 154). Cir. G. L. O., Jan. 8, 1878 (4 Copp's L. O. 167); June 7, 1878 (5 id. 77); 1878 (5 id. 118). General Cir. G. L. O., Sept. 1, 1879, p. 25. SEC. 277. Upon filing said affidavit with the register and receiver and on payment of ten dollars, if the tract applied for is more than eighty acres, and five dollars if it is eighty acres or less, he or she shall thereupon be permitted to enter the quantity of land specified; and the party making an entry of a quarter-section shall be required to break or plow five acres covered thereby the first year, five acres the second year, and to cultivate to crop or otherwise the five acres broken or plowed the first year; the third year he or she shall cultivate to crop or otherwise the five acres broken the second year, and to plant in timber, seeds, or cuttings the five acres first broken or plowed, and to cultivate and put in crop or otherwise the remaining five acres, and the fourth year to plant in timber, seeds, or cuttings the remaining five acres. All entries of less quantity than one quarter-section shall be plowed, planted, cultivated and planted to trees, tree-seeds, or cuttings, in the same manner and in the same proportion as hereinbefore provided for a quarter-section: Provided, however, That in case such trees, seeds, or cuttings shall be destroyed by grasshoppers, or by extreme and unusual drouth for any year or term of Number of acres planted annually. to be broken and Time extended in case of destruction by grasshoppers or drouth. |