made on page 50 of the last annual report showing the method adopted for a preliminary examination thereof in this office, before entries should be allowed. During the fiscal year ending on the 30th June, 1878, there were filed for such an examination 2,744 cases. Of these, 2,131 claims were approved and certified, and 159 are suspended for further examination, 454 having been rejected.

Reference is made to the following decisions affecting homestead rights made since the date of the last annual report of this office:

1. There is nothing in the law of March 3, 1877, authorizing the preemptor to change his filing to a homestead entry with credit for the time he has resided on the land claimed which requires his personal attendance at the local office. He should not be required to show his right to do so by evidence until the time for making final proof on his homestead entry. (Secretary's letter of March 13, 1878, case of John T. Farley; circular of March 21, 1878.)

2. A party having made an additional entry under section 2306 of the Revised Statutes subsequent to the 22d June, 1874, cannot take a second additional entry, although the land embraced in his two existing entries fall below the maximum quantity of 160 acres.―(Secretary's letter of February 6, 1876, case of Joseph Alsip.)

3. County courts in Florida are courts of record, and the judges and clerks of such courts are qualified to take final proof in homestead cases under the act of March 3, 1877.-(Commissioner's letter to register and receiver, Gainesville, Fla., of January 10, 1878.)

4. Lands which are marked upon the books of the local office as covered by claims which are finally determined to be absolutely void from their inception are nevertheless withdrawn from market and cannot be again subject to private entry until duly restored to market, although such claims may be no bar to a pre-emption claim.-(Secretary's letter of November 30, 1877, case of S. N. Putnam.)

5. The father of a deceased soldier is not entitled to the benefits of section 2305 of the Revised Statutes, but only the widow or minor orphan children, if any, under section 2307.-(Commissioner's letter to the regis ter and receiver at Concordia, Kans., of December 4, 1877, case of Samuel P. Gamble.)

6. A party who neglects to examine the character of land entered by him under the homestead laws must suffer the consequences. He cannot be allowed to make another entry if dissatisfied with the land entered.-(Commissioner's letter to register and receiver at Niobrara, Nebr., of November 28, 1877, case of John O'Dempsey Nightingale.)

7. The relinquishment of a homestead entry must be the free and voluntary act of the claimant. The wife of a homestead claimant under duress in the State penitentiary may make final proof in her husband's The question of her rights to the property will then be one for the courts to determine.-(Commissioner's letter to the register and receiver at Bloomington, Nebr., of November 22, 1877, case of Hanson vs. Geiger. Affirmed by Secretary July 18, 1878.)

name.

8. Where a homestead claimant has failed to comply with the law in the matter of residence, he may, under some circumstances, be allowed additional time to comply therewith.-(Commissioner's letter to the reg ister and receiver at Little Rock, Ark., of October 22, 1877, case of Adam Licklider.)

9. Judges of probate in Alabama being ex officio judges of the county courts, which are courts of record, the final proof in homestead cases in that State may be taken before them under the act of 3d March, 1877.— (Commissioner's letter to the register and receiver at Huntsville, Ala., of September 14, 1877.)

10. Where a patent on a homestead entry erroneously issued in the name of the homestead party instead of the name of his widow had been recorded in the county records, it was held that the legal representatives of the deceased must release all their right and title to the land before the General Land Office could issue another patent in the name of the widow. (Commissioner's letter to the register and receiver at Lincoln, Nebr., of July 25, 1877, case of Andrew Johannisen.)

11. In the case of a homestead entry having been regularly made by an unmarried woman, who afterward married, and, having fully complied with the settlement and cultivation requirements of the homestead laws, died, leaving no heirs, it was decided that the husband might make the final proof, and that patent should issue in the name of the deceased party.-(Commissioner's letter to register and receiver at Topeka, Kans., of August 25, 1877, case of Mary Latt.)

12. Simultaneous applications having been made to file soldiers' homestead declarations under section 2309, R. S., it was ordered that both parties be allowed to file for the tract, and when either one proposed to make entry that the other should be notified and allowed an opportunity to be heard, the result reported to the General Land Office and its instructions awaited if there should be a contest, but if not, the entry applied for to be allowed.-(Commissioner's letter to the register and receiver at Hays City, Kans., of July 25, 1877, case of H. K. Farnsworth and John Wilkes.)

Timber culture.

During the last fiscal year entries of public lands have been allowed under the laws for the promotion of timber culture to the extent of 1,870,434.18 acres, which is an increase of 1,349,760.79 acres over the previous fiscal year, being more than thrice the quantity entered during that year. No patents have yet been issued for timber culture entries, the period of time for which the cultivation of the timber is to be kept up as a prerequisite to the issue of a patent not having expired in any

case.

Congress at its last session passed an act, approved June 14, 1878, materially modifying the laws with regard to this class of entries, as indicated in the following circular issued by this office on the subject. It will be observed that parties who had made entries under previous laws are allowed the benefit of the changes introduced by this enactment, and may perfect their titles on showing full compliance with its provisions, or if they prefer it they may do so according to the laws under which they initiated their claims.

TO REGISTERS AND RECEIVERS

DEPARTMENT OF THE INTERIOR,
GENERAL LAND OFFICE,
Washington, D. C., June 27, 1878.

of United States Land Offices:

GENTLEMEN: I have to call your attention to modifications of the law for the disposal of public land for purposes of timber culture, made by the act of Congress of June 14, 1878, entitled "An act to amend an act entitled 'An act to encourage the growth of timber on the Western prairies," a copy of which is hereto attached.

I. Certain provisions of the act of March 13, 1874, are repealed by the act of June 14, 1878.

1. The act of March 13, 1874, at the close of its first section, contains the following: "Provided, That not more than one-quarter of any section shall be thus granted, and that no person shall make more than one entry under the provisions of this act, unless fractional subdivisions of less than forty acres are entered, which, in the aggregate, shall not exceed one quarter section." In the act of June 14, 1878, the concluding words, "unless fractional subdivisions of less than forty acres are entered, which, in

the aggregate, shall not exceed one quarter section," are omitted. Hence, the rule forbidding more than one entry is made universal, and will govern in all future cases. 2. The provision of the act of March 13, 1874, requiring that the trees shall be not 66 more than twelve feet apart each way" is omitted from the act of June 14, 1878. The latter requires, however, that the final proof shall show "that not less than twenty-seven hundred trees were planted on each acre, and that at the time of making such proof there shall be growing at least six hundred and seventy-five living and thrifty trees to each acre."

3. The closing sentence of the second section of the act of March 13, 1874, provides that "in case of the death of a person who has complied with the provisions of this act for the period of three years, his heirs or legal representatives shall have the option to comply with the provisions of this act, and receive, at the expiration of eight years, a patent for one hundred and sixty acres, or receive, without delay, a patent for forty acres, relinquishing all claim to the remainder." This provision is not contained in the act of June 14, 1878.

4. The following section of the act of March 13, 1874, relating to homestead entries on which timber is cultivated, is omitted from the act of June 14, 1878:

"SEC. 4. That each and every person who, under the provisions of the act entitled 'An act to secure homesteads to actual settlers on the public domain,' approved May twentieth, eighteen hundred and sixty-two, or any amendment thereto, having a homestead on said public domain, who, at any time after the end of the third year of his or her residence thereon, shall, in addition to the settlement and improvements now required by law, have had under cultivation, for two years, one acre of timber, the trees thereon not being more than twelve feet apart each way, and in a good thrifty condition, for each and every sixteen acres of said homestead, shall, upon due proof of such fact by two credible witnesses, receive his or her patent for said homestead."

The rights of claimants under entries actually made according to the act of March 13, 1874, before the 14th June, 1878, when the amendatory act took effect, are not affected by the repeal of the provisions referred to. The parties interested, if they so elect, may consummate their entries according to the provisions of the act under which they were initiated. And homestead entries made before the 14th June, 1878, will be patented according to the fourth section above quoted, where the facts are such as to bring the cases within its provisions and the interested parties so desire. But entries made since that time must be adjusted according to the principles of the law as modified by the amendatory act.

II. The principal points to be observed in proceedings thereunder may be stated as follows:

1. The privilege of entry under the act of June 14, 1878, is confined to persons who are heads of families, or over twenty-one years of age, and who are citizens of the United States, or have declared their intention to become such, according to the naturalization laws.

2. The affidavit required for initiating an entry under the act of June 14, 1878, may be made before the register or receiver of the district office for the land district embracing the desired tract, before the clerk of some court of record, or before any officer authorized to administer oaths in that district.

3. Not more than one hundred and sixty acres in any one section can be entered under this act, and no person can make more than one entry thereunder.

4. The ratio of area required to be broken, planted, &c., in all entries under the act of June 14, 1878, is one-sixteenth of the land embraced in the entry, except where the entered tract is less than forty acres, in which case it is one-sixteenth of that quantity. The party making an entry of a quarter section, or one hundred and sixty acres, is required to break or plow five acres covered thereby during the first year, and five acres in addition during the second year. The five acres broken or plowed during the first year he is required to cultivate, by raising a crop or otherwise, during the second year, and to plant in timber, seeds, or cuttings during the third year. The five acres broken or plowed during the second year he is required to cultivate, by raising a crop or otherwise, during the third year, and to plant in timber, seeds, or cuttings during the fourth year. The tracts embraced in entries of a less quantity than one quarter section are required to be broken or plowed, cultivated, and planted in trees, treeseeds, or cuttings during the same periods, and to the same extent, in proportion to their total areas, as are provided for in entries of a quarter section. Provision is made in the act for an extension of time in case the trees, seeds, or cuttings planted should be destroyed by grasshoppers or by extreme and unusual drought.

5. If, at the expiration of eight years from the date of entry, or at any time within five years thereafter, the person making the entry, or, if he be dead, his heirs or legal representatives, shall prove, by two credible witnesses, the planting, cultivating, and protecting of the timber for not less than eight years, according to the provisions of the act of June 14, 1878, he, or they, will be entitled to a patent for the land embraced in the entry.

6. If, at any time after one year from the date of entry, and prior to the issue of a

patent therefor, the claimant shall fail to comply with any of the requirements of that act, then, and in that event, such entry will become liable to a contest, in the manner provided in homestead cases, and, upon due proof of such failure, the entry will be canceled, and the land become again subject to entry under the homestead laws, or by some other person under the act of June 14, 1878.

7. No land acquired under the provisions of the act of June 14, 1878, will in any event become liable to the satisfaction of any debt or debts contracted prior to the issuing of the final certificate therefor.

8. The fees for entries under the act of June 14, 1878, are ten dollars, if the tract applied for is more than eighty acres, and five dollars if it is eighty acres or less; and the commissions of registers and receivers on all entries (irrespective of area) are four dollars (two dollars to each) at the date of entry, and a like sum at the date of final proof.

9. No distinction is made, as to area or the amount of fee and commissions, between minimum and double minimum lands. A party may enter one hundred and sixty acres of either on payment of the prescribed fee and commissions.

10. The fifth section of the act approved March 3, 1857, entitled "An act in addition to an act to punish crimes against the United States, and for other purposes," is extended to all oaths, affirmations, and affidavits required or authorized by the act of June 14, 1878.

11. Parties who have already made entries under the timber-culture acts of March 3, 1873, and March 13, 1874, of which the act of June 14, 1878, is amendatory, may complete the same by compliance with the requirements of the latter act; that is, they may do so by showing, at the time of making their final proof, that they have had under cultivation, as required by the act of June 14, 1878, an amount of timber sufficient to make the number of acres required thereby, being one-fourth the number required by the former acts.

III.-The following regulations are prescribed pursuant to the fifth section of the act of June 14, 1878, viz:

1. The register and receiver will not restrict entries under this act to one quarter section only in each section, as was formerly done under the acts to which this is amendatory, but may allow entries to be made of subdivisions of different quarter sections; provided that each entry shall form a compact body, not exceeding one hundred and sixty acres, and that not more than that quantity shall be entered in any one section. Before allowing any entry applied for, they will, by a careful examination of the plat and tract books with reference to any previous entry or entries within the limits of the same section, satisfy themselves that the desired entry is admissible under this rule.

2. When they shall have satisfied themselves that the land applied for is properly subject to such entry, they will require the party to make the prescribed affidavit, and to pay the fee and that part of the commissions payable at the date of entry, and the receiver will issue his receipt therefor, in duplicate, giving the party a duplicate receipt. They will number the entry in its order, in a separate series of numbers, unless they have already a series under the acts to which this act is amendatory, in which case they will number the entry as one of that series; they will note the entry on their records, and report it in their monthly returns, sending up all the papers therein, with an abstract of the entries allowed during the month under this act. If the affidavit is made before a justice of the peace, which the act admits of, his official character, and the genuiness of his signature, must be certified under seal.

3. When a contest is instituted, as contemplated in the third section of the act of June 14, 1878, the contestant will be allowed to make application to enter the land. The register will thereupon indorse on the application the date of its presentation, and will make the application, and the contestant's affidavit setting forth the grounds of contest, the basis for further proceedings, these papers to accompany the report submitting the case to the General Land Office. Should the contest result in the cancellation of the contested entry, the contestant may then perfect his own, but no preference right will be allowed unless application is made by him at date of instituting contest.

4. The fees and commissions in this class of entries the receiver will account for in the usual manner, indicating the same as fees and commissions on timber-culture entries, which will be charged against the maximum of $3,000 now allowed by law.

5. In all cases under this act it will be required that trees shall be cultivated which shall be of the class included in the term "timber," the cultivation of shrubbery and fruit trees not being sufficient.

6. The applications, affidavits, and receipts in entries allowed under the act of June 14, 1878, will be made out according to the forms hereto attached.

Very respectfully,

J. A. WILLIAMSON,

Commissioner.

[PUBLIC-No. 87.]

AN ACT to amend an act entitled "An act to encourage the growth of timber on the Western Prairies.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the act entitled "An act to amend the act entitled 'An act to encourage the growth of timber on Western Prairies,”” approved March thirteenth, eighteen hundred and seventy-four, be and the same is hereby amended so as to read as follows: That any person 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 section two: Provided further, That not more than one-quarter of any section shall be thus granted, and that no person shall make more than one entry under the provisions of this act.

SEC. 2. That the person applying for the benefits of this act shall, upon application to the register of the land-district in 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 whomsoever; that I intend to hold and cultivate the land, and to fully comply with the provisions of this said act; and that I have not heretofore made an entry under this act, or the acts of which this is amendatory. And upon filing said affidavit with said register and said 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 under the provisions of this act 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 quartersection. 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 years, the time for planting such trees, seeds, or cuttings shall be extended one year for every such year that they are so destroyed: Provided further, That the person making such entry shall, before he or she shall be entitled to such extension of time, file with the register and the receiver of the proper land-office an affidavit, corroborated by two witnesses, setting forth the destruction of such trees, and that, in consequence of such destruction, he or she is compelled to ask an extension of time, in accordance with the provisions of this act: And provided further, That no final certificate shall be given, or patent issued, for the land so entered until the expiration of eight years from the date of such entry; and if, at the expiration of such time, or at any time within five years thereafter, the person making such entry, or, if he or she be dead, his or her heirs or legal representatives, shall prove by two credible witnesses that he or she or they have planted, and, for not less than eight years, have cultivated and protected such quantity and character of trees as aforesaid; that not less than twentyseven hundred trees were planted on each acre and that at the time of making such proof that there shall be then growing at least six hundred and seventy-five living and thrifty trees to each acre, they shall receive a patent for such tract of land.