authorized pur SEC. 2. That it shall be the duty of the register and Taking for unthe receiver of any local land office in whose district any poses. 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. SEC. 3. Any person or persons who shall violate the Penalty. 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). An Act Relating to the public lands of the United States. Entry and paystop suit for tres ment of price to pass. Bona fide set Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That when any lands of the United States shall have been entered and the Government price paid therefor 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 improvements upon the fand of any bona fide settler, or for or on account of any tler protected timber or material taken or used by any person without from suit. 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 March first, eighteen hundred and Not to apply seventy-nine: And provided further, That defendants in 1887. such suits or proceedings shall exhibit to the proper submit evidence courts or officer the evidence of such entry and payment, of entry. and shall pay all costs accrued up to the time of such entry. prior to March 1, Defendants to Homestead en SEC. 2. That persons who have heretofore under any tries, sale o 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 Not to interfere as part payment of said price: Provided, This shall in subsequent en- nowise interfere with the rights or claims of others who may have subsequently entered such lands under the homestead laws. with rights of trymen. in alternate sec road companies Price of lands SEC. 3. That the price of lands now subject to entry tions granted rail- which were raised to two dollars and fifty cents per acre, reduced to $1.25 and put in market prior to January, eighteen hundred per acre. and sixty-one, by reason of the grant of alternate sections for railroad purposes, is hereby reduced to one dollar and twenty-five cents per acre. Mineral lands excepted from SEC. 4. This act shall not apply to any of the mineral provisions of act. lands of the United States; and no person who shall be 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). Timber depredation suits in Defense. An Act To amend section eight of an act approved March third, eighteen hundred and ninety-one, entitled "An act to repeal timber-culture 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, certain States. Montana, Idaho, North Dakota and South Dakota, Wyoming, 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 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 Railway com- rights of any railway company to cut timber on the public domain: Provided, That the Secretary of the Interior may make suitable rules and regulations to carry out the provisions of this act, and he may designate the sections or tracts of land where timber may be cut, and it shall not be lawful to cut or remove any timber except as may be prescribed by such rules and regulations; but this act panies. Rules. shall not operate to repeal the act of June third, eighteen hundred and seventy-eight, providing for cutting of tim- Timber on minber on mineral lands. Approved, March 3, 1891 (26 Stat., 1093). An Act To extend the provisions of section eight of the act entitled " An act to repeal timber-culture laws and for other purposes," approved March third, eighteen hunded and ninety-one, concerning prosecutions for cutting timber on public lands to Wyoming, New Mexico, and Arizona. eral lands. on public lands. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That Timber cutting section eight of the act entitled "An act to repeal timberculture laws, and for other purposes," approved March third, eighteen hundred and ninety-one, as amended by an act approved March third, eighteen hundred and ninety-one, chapter five hundred and fifty-nine, page one thousand and ninety-three, volume twenty-six, United States Statutes at Large, be, and the same is hereby; tended to New amended as follows: After the word "Wyoming" in said Moxico and Ariamended act insert the words "New Mexico and Arizona." zona. Approved February 13, 1893 (27 Stat., 444). Extract from the sundry civil appropriation act, approved July 1, 1898 (30 Stat., 618). Provisions ex zens of Idaho and timber in Wy That section eight of an act entitled "An act to repeal, Permits to citithe timber-culture laws, and for other purposes," ap- Wyoming to cut proved March third, eighteen hundred and ninety-one, be, oming. and the same is hereby, amended as follows: That it shall be lawful for the Secretary of the Interior to grant permits, under the provisions of the eighth section of the act of March third, eighteen hundred and ninety-one, to citizens of Idaho and Wyoming to cut timber in the State of Wyoming, west of the Continental Divide, on the Snake River and its tributaries to the boundary line of Idaho for agricultural, mining, or other domestic purposes, and to remove the timber so cut to the State of Idaho. An Act To extend the provisions of section eight of the act entitled “ An act to repeal timber-culture laws, and for other pusposes," approved March third, eighteen hundred and ninety-one, concerning prosecutions for cutting timber on public lands, to California, Oregon, and Washington. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section eight of the act entitled "An act to repeal timber-culture laws, and for other purposes," approved March third, eighteen hundred and ninety-one, as amended by an act approved March third, eighteen hundred and ninety-one, chapter five hundred and fifty-nine, page one thousand and ninety-three, volume twenty-six, United States Statutes at Large, be, and the same is hereby, Extended to amended as follows: After the word "Nevada" in said California, Ore gon, and Wash- amended act insert the words "California, Oregon, and ington. Washington." Approved March 3, 1901 (31 Stat., 1436). An Act To amend chapter five hundred and fifty-nine of the Revised Statutes of the United States, approved March third, eighteen hundred and ninety-one. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the provisions of chapter five hundred and fiftynine of the Revised Statutes of the United States, approved March third, eighteen hundred and ninety-one, limiting the use of timber taken from public lands to residents of the State in which such timber is found, for use Limitation of within said State, shall not apply to the south slope of citizens of State Pryor Mountains, in the State of Montana, lying south of for use within the Crow Reservation, west of the Big Horn River, and tend to south east of Sage Creek; but within the above-described Mountains. boundaries the provisions of said chapter shall apply equally to the residents of the States of Wyoming and Montana, and to the use of timber taken from the abovedescribed tract in either of the above-named States. timber taking to State not to ex slope Pryor praisal and sale of dead, etc. Approved March 3, 1901 (31 Stat., 1439). Extract from the sundry civil appropriation act, approved June 4, 1897 (30 Stat., 35). For the purpose of preserving the living and growing timber and promoting the younger growth on forest reservations, the Secretary of the Interior, under such rules and regulations as he shall prescribe, may cause to be Timber ap designated and appraised so much of the dead, matured, or large growth of trees found upon such forest reservations as may be compatible with the utilization of the forests thereon, and may sell the same for not less than the appraised value in such quantities to each purchaser as he shall prescribe, to be used in the State or Territory in which such timber reservation may be situated, respectively, but not for export therefrom. Use of timber, * * * * The Secretary of the Interior may permit, under reguetc. by settlers, lations to be prescribed by him, the use of timber and stone found upon such reservations, free of charge, by bona fide settlers, miners, residents, and prospectors for minerals, for firewood, fencing, buildings, mining, prospecting, and other domestic purposes, as may be needed by such persons for such purposes; such timber to be used within the State or Territory, respectively, where such reservations may be located. Extract from the act making appropriations for the Department of And the Secretary of Agriculture may, in his discretion, permit timber and other forest products cut or removed from the national forests to be exported from the State, Territory, or the District of Alaska in which said forests are respectively situated. Extract from the Penal Code, approved March 4, 1909 (35 Stat., 1098). Timber depre dations on pub for. Punishment SEC. 49. Whoever shall cut, or cause or procure to be cut, or shall wantonly destroy, or cause to be wantonly lie lands. destroyed, any timber growing on the public lands of the United States; or whoever shall remove, or cause to be removed, any timber from said public lands, with intent to export or to dispose of the same; or whoever, being the owner, master, or consignee of any vessel, or the owner, director, or agent of any railroad, shall knowingly transport any timber so cut or removed from said lands, or lumber manufactured therefrom, shall be fined not more than one thousand dollars, or imprisoned not more than one year, or both. Nothing in this section shall prevent Rights of entryany miner or agriculturist from clearing his land in the ordinary working of his mining claim, or in the preparation of 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 nothing in this section shall interfere with or take away any right or privilege under any existing law of the United States to cut or remove timber from any public lands. men. Timber depre lands. for. Pun.shment SEC. 50. Whoever shall unlawfully cut, or aid in un-dations on reserlawfully cutting, or shall wantonly injure or destroy, or vations or Indian procure to be wantonly injured or destroyed, any tree, growing, standing, or being upon any land of the United States which, in pursuance of law, has been reserved or purchased by the United States for any public use, or upon any Indian reservation or lands belonging to or occupied by any tribe of Indians under the authority of the United States, or any Indian allotment while the title to the same shall be held in trust by the Government, or while the same shall remain inalienable by the allottee without the consent of the United States, shall be fined not more than five hundred dollars, or imprisoned not more than one year, or both. (As amended June 25, 1910.) SEC. 51. Whoever shall cut, chip, chop, or box any Boxing trees for tree upon any lands belonging to the United States, or upon any lands covered by or embraced in any unperfected settlement, application, filing, entry, selection, or location, made under any law of the United States, for the purpose of obtaining from such tree any pitch, turpentine, or other substance, or shall knowingly encourage, cause, procure, or aid in the cutting, chipping, chopping, or boxing of any such tree, or shall buy, trade for, or in any manner acquire any pitch, turpentine, or turpentine. |