Page:United States Statutes at Large Volume 20.djvu/115

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90 FORTY-FIFTH CONGRESS. Sess. II. Ch. 151. 1878. Pqbiiqafion of Sec. 3. That upon the filing of said statement, as provided in the “PP1’°°“‘°”· second section of this act, the register of the land office, shall post a notice of such application, embracing a description of the land by legal subdivisions, in his office, for a period of sixty days, and shall furnish the applicant a copy of the same for publication, at the expense of such applicant, in a newspaper published nearest the location of the premises, for a like period of time; and after the expiration of said sixty days, if no adverse claim shall have been filed, the person desiring to purchase F 8% S to be shall furnish to the register of the land-office satisfactory evidence, first, P““'°d‘ that said notice of the application prepared by the register as aforesaid was duly published in a newspaper as herein required; secondly, that the land is of the character contemplated in this act, unoccupied and _ without improvements, other than those excepted, either mining or agricultural, and that it apparently contains no valuable deposits of gold, Entry and pat- silver, cinnabar, copper, or coal; and upon payment to the proper onicer 6%,72 ch ,,2 of the purchasemoney of said land, together with the fees of the register 1-, Sings; ’ andthe receiver, as provided for in case of mining claims in the twelfth R, sense, 1,,394. section of the act approved May tenth, eighteen hundred and seventy- two, the applicant may be permitted to enter said tract, and, on the _ _ transmission to the General Land Office of the papers and testimony in ugh-l"°*’°“ *°P“*‘ the case, a patent shall issue thereon : Provided, That any person hav- ‘ ing a valid claim to any portion of the land may object, in writing, to the issuance of a patent to lands so held by him, stating the nature of his claim thereto; and evidence shall be taken, and the merits of said objection shall be determined by the officers of the land-office, subject to appeal, as in other land cases. Effect shall be given to the foregoing provisions of this act by regulations to be prescribed by the Commissioner of the General Land Office. Cutting timber Sec. 4. That after the passage of this act it shall be unlawful to cut, ““]“""f““Y· or cause or procure to be cut, or wantonly destroy, any timber growing on any lands of the United States, in said States and Territory or remove, or cause to be removed, any timber from said public lands, with intent to export or dispose of the same; and no owner, master, or consignee of any vessel, or owner, director, or agent of any railroad, shall knowingly transport the same, or any lumber manufactured therefrom; and any person violating the provisions of this section shall be guilty of Penalty. a misdemeanor, and, on conviction, shall be nned for every such offense a sum not less than one hundred nor more than one thousand dollars: Proviao. Provided, That nothing herein contained shall prevent any miner or agriculturist from clearing his land in the ordinary working of his mining claim, or preparing his farm for tillage, or from taking the timber necessary to support his improvements, or the taking of timber for the use of the United States; and the penalties herein provided shall not take effect until ninety days after the passage of this act. ,_C<=Y*¤i¤ _P*¤S¢><>¤· Sec. 5. That any person prosecuted in said States and Territory for

  • “}?“Sf f",;’l§‘,)· violating section two thousand four hundred and sixty-one of the Re-

"’p' ° ’ vised Statutes of the United States who is not prosecuted for cutting timber for export from the United States, may be relieved from further prosecution and liability therefor upon payment, into the court wherein said action is pending, of the sum of two dollars and fifty cents per , acre for all lands on which he shall have cut or caused to be cut tim- P'°"'”°· ber, or removed or caused to be removed the same: Provided, That nothing contained in this section shall be construed as granting to the person hereby relieved the title to said lands for said payment; but he _ shall have the right to purchase the same upon the same terms and I"°”*8°- conditions as other persons, as provided hereinbefore in this act: And further provided, That all moneys collected under this act shall be cov- R. S. 4751, p. 932. ered into the Treasury of the United States. And section four thou R€l‘°¤l°<l 1** 1*****- sand seven hundred and fifty-one of the Revised Statutes is hereby repealed, so far as it relates to the States and Territory herein named.