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11 S. 261.

overflowed lands

cases.

several States entitled to the provisions of said act of Mary, 1857, Sept. 28, 1850, prior to March third, A. D. eighteen hundred and fifty-seven, are confirmed to said States respectively so far as the same remained vacant and unappropriated and not interfered with by an actual settlement under any law of the United States.

SEC. 2488. It shall be the duty of the Commissioner of Swamp and the General Land Office, to certify over to the State of to be certified to California as swamp and over-flowed lands, all the lands year, in certain represented as such upon the approved township sur

July 23, 1866, veys and plats, whether made before or after the 23d 14 s. 219. day of July, 1866, under the authority of the United States.

The surveyor-general of the United States for Cali-fornia, shall under the direction of the Commissioner of the General Land Office, examine the segregation maps and surveys of the swamp and overflowed lands, made by said State; and where he shall find them to conform to the system of surveys adopted by the United States, he shall construct and approve township plats accordingly, and forward to the General Land Office for approval.

În segregating large bodies of land, notoriously and obviously swamp and overflowed, it shall not be necessary to subdivide the same, but to run the exterior lines of such body of land.

In case such State surveys are found not to be in accordance with the system of the United States surveys, and in such other townships as no survey has been made by the United States, the Commissioner shall direct the surveyor-general, to make segregation surveys, upon application to the surveyor-general, by the governor of said State, within one year of such application, of all the swamp and overflowed land in such townships, and to report the same to the General Land Office, representing and describing what land was swamp and overflowed, under the grant, according to the best evidence he can obtain.

If the authorities of said State, shall claim as swamp and overflowed, any land not represented as such upon the map or in the returns of the surveyors, the character of such land at the date of the grant September twentyeight, eighteen hundred and fifty, and the right to the same shall be determined by testimony, to be taken before the surveyor-general, who shall decide the same, subject to the approval of the Commissioner of the General Land Office.

SEC. 2489. It shall be the duty of the Commissioner of List of lands the General Land Office, to require the officers of the sent to General local land offices in said State (in case the same has not already been done) and the surveyor-general immediately to forward lists of all selections made by the State

Land Office.

Ibid.

Act of 1850 extended to Min

gon.

hereinbefore specified and lists and maps of all swamp and overflowed lands, claimed by said State or surveyed as provided in the ten preceding sections, for final disposition and determination, which final disposition shall be made by the Commissioner of the General Land Office without delay.

Sec. 2490. The provisions of the Act of Congress ennesota and Ore: titled "An Act to enable the State of Arkansas and other

States to redeem” the swamp lands within their limits, Sept. 28, 1850; 98 510 Mar approved September twenty-eighth, anno domini eight12, 1860, 12 S. 3.

een hundred and fifty, extend to the States of Minnesota and Oregon: Provided, That the grant shall not include any lands which the Government of the United States may have sold or disposed of under any law, enacted prior to March twelfth, eighteen hundred and sixty, prior to the confirmation of title to be made under the authority of said Act-and the selections to be made from lands already surveyed in each of the States last named, under the authority of the Act aforesaid, shall have been made within two years from the adjournment of the legislature of each State, at its next session after the twelfth day of March, anno domini eighteen hundred and sixtyand as to all lands surveyed or to be surveyed, thereafter, within two years from such adjournment, at the next session after notice by the Secretary of the Interior to the governor of the State, that the surveys have been completed and confirmed.

TIMBER

Page.

597 598

599

See “ Forest Reserves"; also “Timber and Stone Lands."
Act of June 3, 1878--Timber on mineral lands in certain States may be

taken for certain purposes, Not extended to railroads Penalty for

taking for unauthorized purposes.--Act of June 15, 1880_Entry and payment of price to stop suit for trespass. Act of March 3, 1891-Defense in criminal prosecutions in certain States

if timber is used for certain purposes.Act of February 13, 1893-Act of March 3, 1891, extended to New Mexico

and Arizona Act of June 4, 1897—Sale of timber within forest reserves—Use by settlers. Act of July 1, 1898-Citizens of Idaho and Wyoming may be permitted to

cut certain timber.-
Act of March 3, 1901-Act of March 3, 1891, extended to California, Ore

gon, and Washington..
Act of March 3, 1901-Pryor Mountains, Montana.
Act of March 4, 1909-Penalty for timber depredations.
Act of August 10, 1912-Sale of timber within forest reserves for domestic

600 600

601

601 601 602

use.

603 603

Act of March 4, 1913–Sale of timber killed by forest fires_
Act of March 4, 1913—Timber cut in national forests may be exported

from State
Act of March 3, 1919–Modoc County, California, and Nevada_
Act of March 3, 1919—Citizens in Oregon may cut certain timber in Idaho-
Act of December 30, 1920_Corporations given right to cut timber for cer-

tain purposes.
Act of February 27, 1922--Citizens in Utah given right to cut certain tim-

ber in Arizona.Act of September 20, 1922—-Protection of timber on public lands..

603 604 605

605

608 606

An Act Authorizing the citizens of Colorado, Nevada, and the Terri

tories to fell and remove timber on the public domain for mining and domestic purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress Bled, That all citizens of the United States and other per- Timber on minsons, bona fide residents of the State of Colorado, or Ne-se

landemay vada, or either of the territories of New Mexico, Arizona, tain purposes. Utah, 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

porations.

authorized poses.

pur

to railroad tend growing upon such lands, and for other purposes: Pro

vided, That the provisions of this Act shall not extend to railroad

corporations. Taking for un

Sec. 2. That it shall be the duty of the register and the receiver of any local land office in whose district any mineral land 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 by this Act, 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 accounts. Penalty. Sec. 3. Any person or persons who shall violate the

provisions of this Act, 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.

Approved, June 3, 1878 (20 Stat. 88).

pass.

An Act Relating to the public lands of the United States.
Be it enacted by the Senate and House of Representa-

tives of the United States of America in Congress assemeen try and pay: bled, That when any lands of the United States shall stop suit for tres have been entered and the Government price paid there

for in full no criminal suit or proceeding by or in the name of the United States shall thereafter be had or further maintained for any trespasses upon or for or on 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 Bona ide set; improvements upon the land of any bona fide settler, or ller protected from suit. 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 Not to apply March first, eighteen hundred and seventy-nine: And

provided further, That defendants in such suits or proDefendants to ceedings shall exhibit to the proper courts or officer the submit evidence of entry.

evidence of such entry and payment, and shall pay all costs accrued up to the time of such entry.

prior to March 1, 1887.

Homestead en

1

trymen.

Sec. 2. That persons who have heretofore under any triellorare cada of the homestead laws entered lands properly subject to such entry, or persons to whom the right of those having so entered for homesteads may, have been attempted to be 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 ter contenitore cinese nowise interfere with the rights or claims of others who of subsequent enmay have subsequently entered such lands under the homestead laws.

Sec. 3. That the price of lands now subject to entry in alternate sec which were raised to two dollars and fifty cents per acre, tilpad granted and put in market prior to January, eighteen hundred nies reduced to and sixty-one, by reason of the grant of alternate sec- $1.25 per acre. tions for railroad purposes, is hereby reduced to one dollar and twenty-five cents per acre.

Sec. 4. This Act shall not apply to any of the mineral Mineral lands lands of the United States; and no person who shall be provisions of act. prosecuted for or proceeded against on account of any trespass committed or material taken from any of the public lands after March first, eighteen hundred and seventy-nine, shall be entitled to the benefit thereof.

Approved, June 15, 1880 (21 Stat. 237).

in

An Act To amend section eight of an Act approved March third,

eighteen hundred and ninety-one, entitled "An Act to repeal timberculture laws, and for other purposes."

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section eight of an Act entitled "An Act to repeal timber-culture laws, and for other purposes," approved March third, eighteen hundred and ninety-one, be, and the same is hereby, amended so as to read as follows: “ SEC. 8. *

And in the States of Colorado, Timber depreMontana, Idaho, North Dakota, and South Dakota, Wy- certain States. oming, and the district of Alaska, and the gold and silver regions of Nevada and the Territory of Utah, in any criminal prosecution or civil action by the United States for a trespass on such public timber lands or to recover timber or lumber cut thereon, it shall be a defense if the

Defense. defendant shall show that the said timber was so cut or removed from the timber lands for use in such State or Territory by a resident thereof for agricultural, mining, manufacturing, or domestic purposes under rules and regulations made and prescribed by the Secretary of the Interior, and has not been transported out of the same; but nothing herein contained shall operate to enlarge the

1 Extended to Arizona and New Mexico by the act of Feb. 13, 1893, and to California, Oregon, and Washington by the act of Mar. 3, 1901.

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