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Unsold lands of the Ottawa and

for homesteads.

become a citizen of the United States, and to dissolve all relations with any Indian tribe, two years previous thereto, appears in such court, and proves to the satisfaction thereof, by the testimony of two citizens, that for five years last past he has adopted the habits of civilized life; that he has maintained himself and family by his own industry; that he reads and speaks the English language; that he is well disposed to become a peaceable and orderly citizen; and that he has sufficient capacity to manage his own affairs; the court may enter a decree admitting him to all the rights of a citizen of the United States, and thenceforth he shall be no longer held or treated as a member of any Indian tribe, but shall be entitled to all the rights and privileges, and be subject to all the duties and liabilities to taxation of other citizens of the United States. But nothing herein contained shall be construed to deprive such chiefs, warriors, or heads of families of annuities to which they are or may be entitled.

13 Stat. 562; R. S. 2312. Decision Sec. Int., Feb. 11, 1870 (Copp's L. L. 283). Decision Com. G. L. O., April 1, 1870 (Copp's L. L. 283). SEC. 246. The unoccupied lands in the reservation made Chippewa Indi- for the Ottawa and Chippewa Indians, of Michigan, by the ans, how opened treaty of July thirty-one, eighteen hundred and fifty-five, shall be open to homestead entry for six months from the tenth day of June, eighteen hundred and seventy-two, by Indians only of those tribes, who have not made selections or purchases under the treaty, including such members of the tribes as have become of age since the expiration of the ten years named in the treaty; and every Indian so entitled shall be permitted to make his homestead entry, at the local land office, within such six months, of not exceeding one hundred and sixty acres, or one quarter-section of minimum, or eighty acres of double-minimum land, on making proper proof of his right, under such rules as may be prescribed by the Secretary of the Interior.

Selections for minors under preceding section.

Bona-fide settlers on above

17 Stat. 381; 18 id. 516; 19 id. 55; R. S. 2313.

SEC: 247. The collector of customs for the district in which such land is situated, is authorized, and it is made his duty, to select for such minor children as would be entitled, under the preceding section, as the heirs of any Indian. 17 Stat. 381; 18 id. 516; 19 id. 55; R. S. 2314.

SEC. 248. All actual, permanent, bona-fide settlers on any lands prior to, &c. of such lands who settled prior to the first day of January, eighteen hundred and seventy-two, shall be entitled to enter either under the homestead laws or to pay for at the minimum or double-minimum price, as the case may be, not exceeding one hundred and sixty acres of the former or eighty acres of the latter class of land, on making proof of his settlement and continued residence before the expiration of six months from the tenth day of June, eighteen hundred and seventy-two. 17 Stat. 381; 18 id. 516; 19 id. 55; R. S. 2315.

Certain lands

to be patented to

SEC. 249. All selections of such lands by Indians heretoIndians making fore made and regularly reported and recognized as valid selection. and proper by the Secretary of the Interior and Commis

sioner of Indian Affairs, shall be patented to the respective Indians making the same; and all sales heretofore made and reported, where the same are regular and not in conflict with such selections, or with any other valid adverse right, except of the United States, are confirmed, and patents shall issue thereon as in other cases according to law.

17 Stat. 381; 18 id. 516; 19 id. 55; R. S. 2316.

stead tracts.

SEC. 250. Every person having a homestead on the public Cultivation of domain, under the provisions of this chapter, who, at the end trees on homeof the third year of his residence thereon, shall 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 such homestead, shall, upon due proof of the fact by two credible witnesses, receive his patent for such homestead.

17 Stat. 605; 18 id. 21, 481, 516; 19 id. 54; R. S. 2317. Cir. G. L. O.,
Oct. 30, 1873 (Copp's L. L. 646).

acres of double

allowed after

on

lands allowed.

allowed.

SEC. 251. From and after March three, eighteen hundred Entry of 160 and seventy-nine, the even sections within the limits of any minimum lands grant of public lands to any railroad company, or to any March 3, 1879. military-road company, or to any State in aid of any rail- Additional road or military-road, shall be open to settlers under the try of adjoining homestead laws to the extent of one hundred and sixty acres New entry, when to each settler; and any person who has, under existing laws, taken a homestead on any even section within the limits of any railroad or military-road land grant, and who, by existing laws, shall have been restricted to eighty acres, may enter under the homestead laws an additional eighty acres adjoining the land embraced in his original entry, if such additional land be subject to entry; or, if such person so elect, he may surrender his entry to the United States for cancellation, and thereupon be entitled to enter lands under the homestead laws the same as if the surrendered entry had not been made. And any person so making additional entry. of eighty acres, or new entry after the surrender and cancellation of his original entry, shall be permitted so to do without payment of fees and commissions; and the residence and cultivation of such person upon and of the land embraced in his original entry shall be considered residence and cultivation for the same length of time upon and of the land embraced in his additional or new entry, and shall be deducted from the five years' residence and cultivation required by law: Provided, That in no case shall Proviso. patent issue upon an additional or new homestead entry under this section until the person has actually, and in conformity with the homestead laws, occupied, resided upon, and cultivated the land embraced therein at least one year. 20 Stat. 472. Decisions Sec. Int., Sept. 23, 1875 (2 Copp's L. O. 100); Sept. 27, 1879 (6 id. 107). Decisions Com. GL. O., July 30, 1879 (6 Copp's L. O. 106); April 22, 1880 (7 id. 125). Cir. G. L. O., March 24, 1879 (6 Copp's L. O. 28); May 21, 1879 (6 id. 138); Sept. 20, 1879 (6 id. 124). General Cir., Sept. 1, 1879, pp. 10, 15. SEC. 252. Persons who have heretofore under any of the homestead laws entered lands properly subject to such assignees may entry, or persons to whom the right of those having SO $1.25 per acre in entered for homesteads may have been attempted to be certain cases.

Homestead claimants or their

purchase lands at

Proviso.

Confirmation of homestead en

prior to receipt of

drawal at local office.

transferred by bona-fide instrument in writing, may entitle themselves to said lands by paying the Government price therefor, and in no case less than one dollar and twenty-five cents per acre, and the amount heretofore paid the Government upon said lands shall be taken as part payment of said price: Provided, This shall in no wise interfere with the rights or claims of others who may have subsequently entered such lands under the homestead laws.

21 Stat. 237, 238. Decision Sec. Int., Sept. 23, 1875 (2 Copp's L. O. 100). Decision Com. G. L. O. (6 Copp's L. O. 189). Cir. G. L. O., July 17, 1880 (7 Copp's L. O. 89).

SEC. 253. All homestead entries, or entries in compliance tries within rail- With any law of the United States, of the public lands, road limits made made in good faith, by actual settlers, upon tracts of land notice of with- of not more than one hundred and sixty acres each, within the limits of any land grant, prior to the time when notice of the withdrawal of the lands embraced in such grant was received at the local land office of the district in which such lands are situated, or after their restoration to market by order of the General Land Office, and where the homestead laws have been complied with, and proper proofs thereof have been made by the parties holding such tracts or parcels, they shall be confirmed, and patents for the same shall issue to the parties entitled thereto.

Lands within railroad grants

abandonment.

19 Stat. 35, 36. Op. Att. Gen. Aug. 4, 1876, in manuscript. Cir. G. L. O., Aug. 14, 1876 (3 Copp's L. O. 119).

SEC. 254. When at the time of such withdrawal, as stated re-entered by in the preceding section, valid homestead claims existed claimants after upon any lands within the limits of any such grants which afterwards were abandoned, and, under the decisions and rulings of the Land Department, were re entered by homestead claimants who have complied with the laws governing homestead entries, and shall make the proper proofs required under such laws, such entries shall be deemed valid, and patents shall issue therefor to the person entitled thereto.

Homestead entries made after

grant confirmed.

19 Stat. 35, 36. Decision Sec. Int., April 28, 1871 (1 Copp's L. 0.36). SEC. 255. All such homestead entries which may have expiration of land been made by permission of the Land Department, or in pursuance of the rules and instructions thereof, within the limits of any land grant at a time subsequent to expiration of such grant, shall be deemed valid, and a compliance with the laws and the making of the proof required shall entitle the holder of such a claim to a patent therefor.

19 Stat. 35, 36.

NOTE.-See section 210 for authority of homestead claimants to convey lands for church, cemetery, and school purposes, and for right of way for railroads.

Sec.

CHAPTER NINE.

TIMBER AND TIMBER CULTURE.

Sec.

256. Timberon mineral lands may be taken 273. Cutting or injuring trees on lands of for certain purposes. Permission to take not extended to railroad companies.

257. Duty of register and receiver to re-
port unauthorized taking.

258. Penalty for unauthorized taking.
259. Timber and stone lands in California,
Oregon, &c., to be sold.

260. Application for purchase.

swearing.

274.

United States reserved or purchased for public uses; punishment. Authority to condone trespasses committed prior to March 1, 1879.

275. Timber-culture entries. Patents to issue for lands cultivated in timber at expiration of eight years. Ouly one-quarter of a section to be entered, and but one entry allowed. Oath on application for entry. Number of acres to be broken and planted annually. Time extended in case of destruction by grasshoppers or drought.

False

276.
277.

[blocks in formation]

278.

265. Live-oak and red-cedar lands.

[blocks in formation]

Proof of cultivation, final certificate, and patent.

Right to be forfeited on failure to
comply with the law.

280. Land not liable for prior debts.
281. Commissioner to make regulations.
Fees of registers and receivers.
False oath constitutes perjury.
Entries under former laws, how per-
fected.

282.

283.

284.
285.

Publication of notice of contest. Lands relinquished by timber-culture claimants, subject to re-entry at

once.

286. Contestants of timber-culture entries allowed thirty days after notice of cancellation to make entry.

Timber on mintaken for certain eral lands may be

SEC. 256. All citizens of the United States and other persons, bona-fide residents of the State of Colorado, or Nevada, or either of the Territories of New Mexico, Arizona, Utah, purposes. Wyoming, Dakota, Idaho, or Montana, and all other mineral districts of the United States, shall be, and are hereby, authorized and permitted to fell and remove, for building, agricultural, mining, or other domestic purposes, any timber or other trees growing or being on the public lands, said lands being mineral, and not subject to entry under existing laws of the United States, except for mineral entry, in either of said States, Territories, or districts of which such citizens or persons may be at the time bona-fide residents, subject to such rules and regulations as the Secretary of the Interior may prescribe for the protection of the timber and of the undergrowth growing upon such lands, and for other

Permission to purposes: Provided, That the foregoing provisions shall not tended to railroad extend to railroad corporations.

so take not ex

companies.

Duty of register

and receiver to report upon un

ing.

20 Stat. 88. U. S. v. Nelson, 5 Saw. C. C. 68. 1 Op. Att. Gen. 471, 475. Rogers v. Soggs, 22 Cal. 444. Cir. G. L. O., Aug. 15, 1878 (6 Copp's L. O. 21).

SEC. 257. It shall be the duty of the register and the receiver of any local land office in whose district any mineral land authorized tak may be situated to ascertain from time to time whether any timber is being cut or used upon any such lands, except for the purposes authorized in the preceding section, within their respective land districts; and, if so, they shall immediately notify the Commissioner of the General Land Office of that fact; and all necessary expenses incurred in making such proper examinations shall be paid and allowed such register and receiver in making up their next quarterly

Penalty for unauthorized taking.

Timber and stone lands in

sold.

Proviso.

accounts.

20 Stat. 88. Cir. G. L. O., Aug. 15, 1878 (6 Copp's L. O. 21).

SEC. 258. Any person or persons, who shall violate the provisions of the two next preceding sections, or any rules and regulations in pursuance thereof made by the Secretary of the Interior, shall be deemed guilty of a misdemeanor, and, upon conviction, shall be fined in any sum not exceeding five hundred dollars, and to which may be added imprisonment for any term not exceeding six months.

20 Stat. 89. Cotton v. U. S., 11 How. 229; Hutchins v. King, 1 Wall. 53; Schulenberg v. Harriman, 21 id. 44. U. S. v. Nelson, 5 Saw. C. C. 68. 10p. Att. Gen. 194, 471, 475. Cir. G. L. O., Aug. 15, 1878 (6 Copp's L. Ö. 21).

SEC. 259. Surveyed public lands of the United States California, Ore. Within the States of California, Oregon and Nevada and in gon &c., to be Washington Territory, not included within military, Indian, or other reservations of the United States, valuable chiefly for timber, but unfit for cultivation, and which have not been offered at public sale according to law, may be sold to citizens of the United States, or persons who have declared their intention to become such, in quantities not exceeding one hundred and sixty acres to any one person or association of persons, at the minimum price of two dollars and fifty cents per acre; and lands valuable chiefly for stone may be sold on the same terms as timber lands: Provided, That nothing herein contained shall defeat or impair any bona-fide claim under any law of the United States, or authorize the sale of any mining claim, or the improvements of any bona-fide settler, or lands containing gold, silver, cinnabar, copper, or coal, or lands selected by the said States under any law of the United States donating lands for internal improvements, education, or other purposes: And provided further, That none of the rights conferred by the act approved July twenty-sixth, eighteen hundred and sixtysix, entitled "An act granting the right of way to ditch and canal owners over the public lands, and for other purposes," shall be abrogated by this act; and all patents granted shall be subject to any vested and accrued water rights, or rights to ditches and reservoirs used in connection with such water rights, as may have been acquired under and by the pro

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