acres of planted on said land, cultivated, protected, and kept in a nealthy, growing condition for and during the period of eight (8) years last past (here describe the kinds) timber; that not less than trees were planted on each acre, and that there are now at least (here state the number) living and thrifty trees to and upon each acre, aggregating in total the number of trees. [The testimony of two witnesses, in this form, taken separately, required in each case.] TIMBER-CULTURE PROOF. TESTIMONY OF WITNESS. [Act of June 14, 1878.] being called as a witness in support of the timber-culture entry of- No. for the of section -, township of range meridian, in the district of lands subject to entry at, testifies as follows: Q. 1. What is your name, age, occupation, and residence?-A. Q. 2. Are you well acquainted with what time have you known him?—A. the claimant; and, if so, since Q. 3. If you have personal knowledge regarding claimant's timber-culture entry, give the date when said entry was made, describe the tract or tracts, and state the number of acres embraced therein.-A. Q. 4. How far do you reside from the land described, and have you had continuous personal knowledge of said land and the improvements thereon during the last eight (8) years?-A. Q. 5. Was the section embracing the entry of the claimant composed of prairie lands or other lands devoid of timber? Describe the land embraced in said section, whether undulating or otherwise; and if any natural timber was growing on the tract named at the date of entry, state the kind of trees so growing, and their number, situation, and size.-A. Q. 6. How many acres of the land embraced in claimant's entry were broken by him during the first year, how many during the second year, how many during the third year, respectively, after the date of entry? State how you know the area or number of acres broken.-A. Q. 7. How many acres of said tract were cultivated during the second year of said entry, and how many the third year?—A. Q. 8. How many acres of said tract were planted to trees, seeds, or cuttings during the third year of said entry? Give the kind or kinds of trees, seeds, or cuttings planted; and state how you know the area or number of acres so prepared and planted during the third year.—A. Q. 9. How many acres of said tract were planted to trees, seeds, or cuttings during the fourth year of said entry? Give the kind or kinds of trees, seeds, or cuttings planted; and state how you know the area or number of acres so prepared and planted during said fourth year.-A. Q. 10. Has the claimant ever had the trees, seeds, or cuttings on the tract embraced in his timber-culture entry destroyed by grasshoppers or by extreme and unusual drouth? If so, state the year or years in which the destruction took place, and give all the facts within your personal knowledge.-A. Q. 11. How many acres of timber on the tract described has the claimant planted, cultivated, protected, and kept in a healthy growing condition for the period of eight (8) years last preceding, and from what source is your knowledge upon this point obtained?-A. Q. 12. Describe the condition of the trees now growing on said tract, give their average diameter and height, as nearly as you can, the kind or kinds of trees, the number of trees to the acre, and state how you know the facts to which you testify.-A. Q. 13. Has the claimant, to your knowledge, ever made any other timber-culture entry?-A. Q. 14. Have you any interest, direct or indirect, in this claim?-A. Q. 15. State any further facts which you may know of your own personal knowledge regarding the aforesaid timber-culture entry.-A. (Sign plainly with full christian name.) I hereby certify that the above-named me; that the foregoing testimony was read to him before being subscribed, and was sworn to by him before me this day of personally appeared before 189-, at my office in County, NOTE. The officer before whom the testimony is taken should call the attention of the witness to the following act of Congress, which is made by statute specifically applicable to all oaths, affirmations, and affidavits required or authorized under the timber-culture acts: ACT OF MARCH 3, 1857 (11 Statutes, p. 250). "SECTION 5. And be it further enacted, That in all cases where any oath, affirmation, or affidavit shall be made or taken before any register or receiver, or either or both of them, of any local land office in the United States or any Territory thereof, or where any oath, affirmation, or affidavit shall be made or taken before any person authorized by laws of any State or Territory of the United States to administer oaths or affirmations, or take affidavits, and such oaths, affirmations, or affidavits aro made, used, or filed in any of said local land offices, or in the General Land Office, as well in cases arising under any or either of the orders, regulations, or instructions concerning any of the public lands of the United States, issued by the Commissioner of the General Land Office or other proper officer of the Government of the United States, as under the laws of the United States in anywise relating to or affecting any right, claim, or title, or any contest therefor, to any of the public lands of the United States, and if any person or persons shall, taking such oath, affirmation, or affidavit,' knowingly, willfully, or corruptly swear or affirm falsely, the same shall be deemed and taken to be perjury, and the person or persons guilty thereof shall, upon conviction, be liable to the punishment prescribed for that offense by the laws of the United States. (See also section 5392, United States Revised Statutes.) I, No. entry at [4-073 a.] TIMBER-CULTURE ENTRY. [Commutation under the first section of the act of March 3, 1891.] having, on of section FINAL AFFIDAVIT. day of, 18-, made a timber-culture entry, of the in township of range -, subject to under the timber-culture laws of the United States, do hereby apply to perfect my claim thereto by virtue of the first section of the act of March 3, 1891, entitled "An act to repeal timber-culture laws, and for other purposes," and to that end do solemnly that I am a bona fide resident of in the State or Territory of -, and a* citizen of the United States, or have declared my intention to become a citizen of the United States; that my aforesaid entry was made 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 whomsoever; that I have not heretofore made any other entry under the timber-culture laws of the United States; and I do further - that the section of land specified in my aforesaid entry is composed exclusively of prairie lands or other lands devoid of timber, and that said entry was made for the cultivation of timber, and that I have broken and cultivated said land, and planted, cultivated, and protected timber thereon, to the extent and in the manner prescribed in said laws, as follows, viz:† [Signature of claimant.] in Sworn to and subscribed before me this day of 189-, at my office *In case the party is of foreign birth a copy of his declaration of intention to become a citizen or full naturalization certificate officially certified must be filed in the case. Hero insert a statement of the acts done, giving the particulars as to areas broken, cultivated, and planted in the first, second, third, and fourth years, respectively, from date of entry, kind and quantity of trees planted, etc. Received of the sum of RECEIVER'S OFFICE, 18-. dollars- cents, being the balance of section -meridian, containing of payment required by law for the timber-culture entry of the in township —, of range To acres, under the acts of March 3, 1873, and March 13, 1874, and the act of June 14, 1878, amendatory thereof, entitled "An act to amend the act entitled 'An act to encourage the growth of timber on the Western prairies.' [4-217.] TIMBER CULTURE. [Acts of March 3, 1873, March 13, 1874, and June 14, 1878.] Final certificate, No. ———.] Receiver. It is hereby certified that, in pursuance of the provisions contained in the acts of Congress of March 3, 1873, and March 13, 1874, and the act amendatory thereof, of June 14, 1878, entitled "An act to amend the act entitled 'An act to encourage the growth of timber on the Western prairies,' of has made payment in full for of section No. in township No. of rangeNo. TOO acres. 999 meridian, containing Now, therefore, be it known that, on presentation of this certificate to the Commissioner of the General Land Office, the said shall be entitled to a patent for the tract of land above described. Register. [4-537.] [This affidavit can be made only upon the personal knowledge of applicant derived from his own personal examination of the land.] TIMBER AND STONE LANDS-SWORN STATEMENT. [To be made in duplicate.] I, desiring to avail myself of the provisions of the act of Congress of June 3, 1878, entitled "An act for the sale of timber lands in the States of California, Oregon, Nevada, and in Washington Territory," as extended to all the public land States by act of August 4, 1892, for the purchase of the township --, of range in the district of lands subject to sale at do solemnly that I am a native (or naturalized) citizen (or have declared my intention to become a citizen) of the United States, of the age of and by occupation -; that I have personally examined said land, and from my personal knowledge state that said land is unfit for cultivation, and valuable chiefly for its ; that it is uninhabited; that it contains no mining or other improvements , nor, as I verily believe, any valuable deposit of gold, silver, cinnabar, copper, or coal; that I have made no other application under said acts; that I do not In case the party has been naturalized or has declared his intention to become a citizen, a certified copy of his certificate of naturalization or declaration of intention, as the case may be, must be furnished. apply to purchase the land above described on speculation, but in good faith to appropriate it to my own exclusive use and benefit, and that I have not, directly or indirectly, made any agreement or contract, or in any way or manner, with any person or persons whomsoever, by which the title I may acquire from the Government of the United States may inure in whole or in part to the benefit of any person except myself, and that my post-office address is * I hereby certify that the foregoing affidavit was read to affiant in my presence before he signed his name thereto; that said affiant is to me personally known (or has been satisfactorily identified before me by -), and that I verily believe him to be the person he represents himself to be; and that this affidavit was subscribed and sworn to before me this 18-. 2 day of Register (or Receiver). NOTE.-Every person swearing falsely to the foregoing affidavit is guilty of perjury, and will be punished as provided by law for such offense. In addition thereto, the money that may be paid for the fand is forfeited, and all conveyances of the land or of any right, title, or claim thereto, are absolutely null and void as against the United States. [4-371.] [The testimony of two witnesses, in this form, taken separately, required in each case.] TESTIMONY OF WITNESS UNDER ACTS OF JUNE 3, 1878, AND AUGUST 4, 1892. being called as a witness in support of the application of to purchase the of section follows: A. township of range testifies as Q. 1. What is your age, post-office address, and where do you reside?— Q. 2. Are you acquainted with the land above described by personal inspection of each of its smallest legal subdivisions?-A. Q. 3. When and in what manner was such inspection made?—A. Q..4. Is it occupied, or are there any improvements on it not made for ditch or canal purposes or which were not made by, or do not belong to, the said applicant?-A. Q. 5. Is it fit for cultivation ?-A. Q. 6. What causes render it unfit for cultivation ?—A. Q. 7. Are there any salines or indications of deposits of gold, silver, cinnabar, copper, or coal on this land? If so, state what they are and whether the springs or mineral deposits are valuable?-A. Q. 8. Is the land more valuable for mineral or any other purposes than for the timber or stone thereon, or is it chiefly valuable for timber or stone?-A. Q. 9. From what facts do you conclude that the land is chiefly valuable for timber or stone?-A. Q. 10. Do you know whether the applicant has directly or indirectly made any agreement or contract, in any way or manner, with any person whomsoever, by which the title which he may acquire from the Government of the United States may inure in whole or in part to the benefit of any person except himself?— A. Q. 11. Are you in any way interested in this application or in the lands above described or the timber or stone, salines, mines, or improvements of any description whatever thereon?-A. I hereby certify that each question read to the witness before scribed and sworn to before me this signed and answer in the foregoing testimony was name thereto, and that the same was subday of, 189—. NOTE.-The officer before whom the testimony is taken should call the attention of the witness to the following section of the Revised Statutes, and state to him that it is the purpose of the Government, if it be ascertained that he testifies falsely, to prosecute him to the full extent of the law. * If the residence is in a city the street and number must be given. TITLE LXX.-CRIMES.--CHAPTER 4. SEC. 5392. Every person who, having taken an oath before a competent tribunal, officer, or person in any case in which a law of the United States authorizes an oath to be administered, that he will testify, declare, deposc, or certify truly, or that any written testimony, declaration, deposition, or certificate by him subscribed is true, willfully, and contrary to such oath, states and subscribes any material matter which he does not believe to be true, is guilty of perjury, and shall be punished by a fine of not more than two thousand dollars and by imprisonment, at hard labor, not more than five years, and shall, moreover, thereafter be incapable of giving testimony in any court of the United States until such time as the judgment against him is reversed. (See sec. 1750.) [4-274.] [This affidavit can be made only upon applicant's personal knowledge, and from his own personal examination of the land, and must be subscribed and sworn to before the register and receiver of the land district in which the land is situated, before the judge or clerk of a court of record of tho county in which the lands are situated, or before any commissioner of the United States circuit court having jurisdiction over such county.] I, of , of (town or city) containing acres. UNITED STATES LAND OFFICE, County, in the of section No. 18-.. -, county of - -, and State (or Territory) being duly sworn, on oath depose and declare that I am a native-born (or naturalized) citizen (or have declared my intention to become a citizen) of the United States, of the age of years, and a resident of and by occupation a that my post-office address is ; that I intend to reclaim a tract of desert land not exceeding one section, or 610 acres, by conducting water upon the same within three years from date of entry, under the provisions of the act of Congress approved March 3, 1887, entitled "An act to provide for the sale of desert lands in certain States and Territories." The land which I intend to reclaim is desert land and is situated in land district, and is described as follows, to wit: The township No. range No. I further depose and declare that I have made no other declaration for desert lands nor any other entry under the provisions of said act; that I am not the assignee of any desert-land claim; that I have made an actual personal examination of each and every legal subdivision of the land above described; that said land borders on (state what stream or body of water and describe the same) and that there is through or upon said land (name and describe all water courses, springs, or other bodies of water) -; that said land is not naturally irrigated or watered, nor overflowed at any season of the year by the foregoing orany natural stream, spring, or other body of water; that I expect to obtain my water supply to irrigate said land from ; that the character of the soil is -; that said land will not, without artificial irrigation, produce an agricultural crop of any kind in amount reasonably remunerative, and that it will not, when unfed by grazing animals, produce native grasses sufficient in quantity to make an ordinary crop of hay in usual seasons; that there are no trees growing on said laud, but that the same is devoid of timber; said land does not contain moisture sufficient to produce. a natural growth of trees; that the same is essentially dry and arid land, wholly unfit for cultivation without artificial irrigation; that said land can not be successfully cultivated without being reclaimed by conducting water thereon; that said land has hitherto been unappropriated, unoccupied, and unsettled because it. has been impossible to cultivate it successfully on account of its dry and arid condition; that it is a fact well known, patent, and notorious that the same will not, in its natural condition, produce any crop; that no portion of said land has ever been reclaimed by conducting water thereon, and that there are no lands in the vicinity of this tract that are occupied by settlers and cultivated without artificial irrigation.. And I further declare: That there is not, to my knowledge, within the limits of said. land any vein or lode of quartz, or other rock in place, bearing gold, silver, cinnabar, lead, tin, or copper, or any deposit of coal; that there is not, within the limits of said land, to my knowledge, any placer, cement, gravel, or other valuable mineral deposit or salines; that no portion of said land is claimed for mining purposes. under the local customs or rules of miners or otherwise; that no portion of said land is worked for mineral during any part of the year by any person or persons; that said land is essentially non-mineral land, and that my declaration therefore is 6145-17 |