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Full text of "Regulations under timber and stone law : (act of June 3, 1878, and acts amendatory)"

YH 



CIRCULAR No. 289 

GENERAL LAND OFFICE 



REGULATIONS 



UNDER 



TIMBER AND STONE LAW 

(Act of June 3, 1878, and Acts Amendatory) 



(APPROVED NOVEMBER 80. 1908) 



REVISED AND APPROVED JANUARY 2, 1914 
Reprinted March 1, 1916, with amendmenta 




/rRSITY OF CALIFORNIA 
' LC3 ANGELES 



DlG 7 'i352 



LIBRARV 
r->;^ oM^S. F:'-^^^'•• 



WASHINGTON 

GOVERNMENT PRINTING OFFICE 

1916 



SRLF 
YRL 

CC/l(02XlO& 



KIiGliLATIONS UNDER TIMBER AND STONE EAW. 



Department of the Interior, 

General Land Office, 
Washington, D. C, November 30, 1908. 

Registers and Receivers, 

United States Land Offices. 
Sirs: The regulations under the act of June 3, 1878 (20 Stat., 89), 
and amendatory acts, commonly known as the timber and stone law, 
are hereby revised, modified, and reissued as follows: 

PROVISION FOR APPRAISEMENT. 

Any land subject to sale under the foregoing acts may, under the 
direction of the Commissioner of the General Land Office, upon appli- 
cation or otherwise, be appraised by smallest legal subdivisions, at 
their reasonable value, but at not less than S2.50 per acre; and here- 
after no sales shall be made under said acts except as provided in 
these regulations. 

CHARACTER OF LANDS SUBJECT TO ENTRY. 

All unreserved, unappropriated, nonmineral, siu'veyed public lands 
within the public-land States, which are valuable chiefly for the 
timber or stone thereon and unfit for cultivation at the date of sale, 
may be sold under this act at their appraised value, but in no case at 
less than $2.50 per acre, in contiguous legal subdivisions upon which 
there is no existing mining claun or the improvements of any bona 
fide settler clauning under the public-land laws. The terms used in 
this statement may be defined substantially as follows for the purpose 
of construing and applying this law: 

2. Unreserved and unapprojirmted lat^ds are lands which are not 
included within any military, Indian, or other reservation, or in a 
national forest, or in a withdrawal by the Government for reclama- 
tion or other purposes, or which are not coveretl or embraced in any 
entry, location, selection, or filing which withdraws them from the 
public domain. 

3. Unoccupied lands are lands belonging to the United States upon 
which there are no improvements belonging to any person who has 
initiated and is properly maintaining a valid mining or other claim 

3 



4 REGULATIONS UNDER TIMBER AND STONE LAW. 

to such lands under the public-land laws. Abandoned and unused 
mines, shafts, tunnels, or buildings occupied by mere trespassers 
not seeking title under an}^ law of the United States, do not prevent 
timber and stone entries if the land is otherwise capable of being so 
entered. 

4. Nonmineral lands are such lands as are not known to contain 
any substance recognized and classed by standard authorities as 
mmeral, in such quantities and of such qualities as would, with reason- 
able prospects of success in developing a paying mine thereon, induce 
a person of ordmary prudence to expend the time and money neces- 
sary to such development. 

5. Timber is defined as trees of such kind and quantity, regardless 
of size, as may be used in constructing buildings, irrigation works, 
raiboads, telegraph and telephone lines, tramways, canals, or fences, 
or in timbering shafts and tunnels or in manufacturing, but does not 
include trees suitable for fuel only. 

6. Lands valuable chiefly for timber, but unfit for cultivation, are 
lands which are more valuable for timber than they are for cultiva- 
tion in the condition in which they exist at the date of the application 
to purchase, and therefore include lands which could be made more 
valuable for cultivation by cutting and clearing them of timber. 
The relative values for timber or cultivation must be determined 
from conditions of the land existing at the date of the application to 
purchase. 

7. Lands may be entered under the timber and stone acts, except 
as denied by special laws, in all of the public-land States; but such 
entries may not be made in Alaska. 

BY WHOM ENTRIES MAY BE MADE. 

8. One timber and stone entry may be made for not more than 160 
acres (a) by any person who is a citizen of the United States, or who 
has declared his intention to become such citizen, if he is not under 
21 years of age, and has not already exliausted his right by reason of 
a former application for an entry of that kind, or has not already 
acquired title to or is not claimmg under the homestead or desert- 
land laws through settlement or entry made since August 30, 1890, 
any other lands which, with the land he applies for, would aggregate 
more than 320 acres; or (b) by an association of such persons; or (c) 
by a corporation, each of whose stockholders is so qualified. 

9. A married woman may make entry if the laws of the State in 
which she applies permit married women to purchase and hold for 
themselves real estate, but she must make the entry for her own ben- 
efit, and not in the interest of her husband or any other person. 



REGULATIONS UNDER TIMBER AND STONE LAW. 5 

METHOD OF OBTAINING TITLE. 

10. Any qualified person may obtain title uiidcr the timber and 
stone law by performing the following acts: (a) Personally examining 
the land desired; (b) presenting an application and sworn statement, 
accompanied by a filing fee of $10; (c) depositing with the receiver 
the appraised price of the land ; (d) publishing notice of his application 
and proof; (e) making final proof. 

11. Examination of the land must be made by the applicant in 
person not more than 30 days before the date of his application, in 
order that he may knowingly swear to its character and condition. 

APPLICATION AND SWORN STATEMENT: DEPOSIT. 

12. The application and sworn statement tnust contain the applicant's 
estimate of the timber, based on examination, and his valuation of 
the land and the timber thereon, by separate items. (See Form A, 
Appendix.) It must be executed in duplicate, after having been read 
to or by the applicant, in the presence of the officer administermg the 
oath, and sworn to by liim before such officer, who may be either the 
register or the receiver of the land district in which the land is located, 
a United States commissioner, a judge or a clerk of a court of record 
m the county or parish in which the land is situated, or one of these 
officers outside of that comity or parish, if he is nearer and more acces- 
sible to the land than any other qualified officer and has his office or 
place of business witliin the land district in which the land is located. 
Each applicant must, at the time he presents liis application and 
sworn statement, deposit with the receiver a fdmg fee of $10. 

13. Applications by associations or corporations must, in addition to 
the facts recited in the foregoing statement, show that each person 
forming the association or holding stock in the corporation is qualified 
to make entry in liis own right and that he is not a member of any 
other association or a stockholder in any other corporation which has 
filed an application or sworn statement for otiior lands under the 
timber and stone laws. 

DISPOSITION OF APPLICATION. 

14. After application and deposit Jmve been fled in pro])or form, as 
required by these regulations, the register and receiver \nll at once 
forward one copy of the application to the chief of field division 
having jurisdiction of the land described, who, if he fmds legal 
objection to the allowance of the application, will return it to them 
\\Titli report thereon. The register and receiver ^^■ill, if they concur in 
an adverse recommendation of the chief of field division, dismiss or 
deii}^ the application, subject to the apjilicant's right of appeal; but 
if the,y disagree with his recommendation they will forward the 



6 REGULATIONS UNDER TIMBER AND STONE LAW. 

record to the Commissioner of the General Land Office, with their 
report and opinion thereon, for such action as he may deem aavisable. 
If the chief of field division finds no such legal objection to the 
application, he shall cause the lands applied for to be appraised by 
an officer or employee of the Government. (Designation of Ap- 
praiser, Form B, Appendix.) 

APPRAISEMENT: METHOD. 

15. The officer or employee designated to make the appraisement 
must personally visit the lands to be appraised and thoroughly exam- 
ine every legal subdivision thereof, and the timber thereon, and 
appraise separately the several kinds of timber at their stumpage 
value, and the land independent of the timber at its value at the 
time of appraisement, but the total appraisement of both land and 
timber must not be less than $2.50 per acre. He must, in making his 
report, consider the quantity, quality, accessibility, and any other 
elements of the value of the land and the timber thereon. The 
appraisement must be made by smallest legal subdivisions, or the 
report must show that the valuation of the land and the estimate of 
the timber apply to each and every subdivision appraised, (See 
Form C, Appendix.) 

APPRAISEMENT: MANNER OF RETURN: APPROVAL. 

16. The completed appraisement must be mailed or delivered per- 
sonally to the chief of field division under whose supervision it was 
made, and not to the applicant. Each appraisement upon which an 
entry is to be allowed must be approved, respectively or conjointly, 
as provided in these regulations, by the chief of field division under 
whose supervision it was made, by the register and receiver who 
allow the entry, or by the Commissioner of the General Land Office. 

APPRAISEMENT: DISAGREEMENT BETWEEN APPRAISING AND 
APPROVING OFFICERS: HOW DETERMINED. 

17. The chief of field division will return to the appraiser, with his 
objections, an appraisement which he deems materially low or high, 
and the appraiser shall within 20 days from the receipt thereof, 
resubmit the papers, with such modifications or explanations as he 
may deem advisable or proper, upon receipt of which the chief of 
field division wiU either approve the schedule as then submitted, or 
forward the papers to the register and receiver, wdth liis memorandum 
of objection. The register and receiver will thereupon consider the 
case. If they approve the appraisement, they wall sign the certificate 
appended thereto, and advise the chief of field division thereof. If 
the register and r'^ceiver approve the objection of the chief of field 



REGULATIONS UNDER TIMBER AND STONE LAW. 7 

division, they will so indicate, and if the appraising ofRcer is ar. 
employee of the Interior Department, under the supervision of the 
chief of field division, they t\'ill return the papers t<j the chief of field 
division, who will thereupon order a new appraisement by a different 
officer. If, however, the register and receiver approve the objection 
of the chief of field division, when the appraiser is an officer of another 
bureau of this department, or of another department, they will for- 
ward the record of the case to the Commissioner of the General Land 
Odice, who will then determine the controversy. 

APPRAISEMENT: NOTATION AND EFFECT THEREOF. 

18. When the a'pyraisement is comjyleted, the register and receiver 
will note the price on their records, and thereafter the land will be 
sold at such price only, under the provisions of the timber and stone 
acts, unless the land shall have been reappraised in the manner pro- 
vided herein. 

FAILURE TO APPRAISE: RIGHTS OF APPLICANT: HOW 

TERMINATED. 

19. <^ Unless the land department, as hereinbefore provided, or 
otherwise, as directed by the Secretary of the Interior, shall appraise 
any land applied for under these regulations within nine months from 
the date of filing of such application, the applicant may, at any time 
thereafter not later than 30 days from service of notice of such failme 
to appraise, deposit the amount, not less than $2,50 per acre, speci- 
fied in his application as the reasonable value of the land and the 
timber thereon, with the receiver, provided no appraisement shall 
have been filed prior to such deposit, and thereupon will be allowed 
to proceed with his application to purchase as though the appraise- 
ment had been regularly made. Where appraisement is not made 
within nine months, as herein provided, the register and receiver will 
promptly so notify the applicant by registered mail and of his rights 
hereunder. The failure of the applicant to make the required deposit 
within the time allowed will terminate his rights without further notice. 

NOTICE OF APPRAISEMENT: PAYMENT OR PROTEST. 

20. If the appraisement shows the land, or any subdivision thereof, 
to be subject to entry, the register and receiver will note its appraised 
price on their records, and will immediately inform the applicant 
that he must, within 30 days from service of notice, deposit with the 
receiver, either in lawful money, in post-office money orders payable 
to the receiver, in cert ified checks drawn in favor of the receiver 
which can be cashed without cost to the Government, or as provided 
in paragraph 36 hereof, the appraised price of the land, or of said part, 
and the timber thereon, or within said time file his protest against 
the appraisement, depositing with the receiver a sum sufficient to 

a Amended Feb. 19, 1916. 



8 REGULATIONS UNDER TIMBER AND STONE LAW. 

defray the expenses of a reappraisement (which sum, not less than $100, 
must be fixed by the register and receiver and specified in the notice 
to the apphcant), together with his apphcation for reappraisement at 
his own expense. (See Form D, Appendix.) 

* If the register and receiver reject the apphcation as to part or 
all of the land, upon the ground that the appraisement shows it not 
to be subject to timber and stone entry, applicant may within 30 
days submit a showing by affidavit, corroborated by at least two wit- 
nesses having actual knowledge of the character of the land, setting 
forth facts which tend to disprove the appraisement and that it is 
chiefly valuable for the timber and stone thereon, and if a prima facie 
showing is made, thereupon a hearing shall be ordered to determine 
the facts, after a date has been fixed for the same by agreement 
between the chief of field division and the register and receiver. 

Notice must be given by registered letter and the envelope should 
be marked for return if not delivered within 30 days. If notice be 
returned after being held in the post office for 30 days, such proceed- 
ings will constitute constructive notice for 30 days. 

After 30 days' notice has been had, if no deposit of the price has 
been made, or protest against the aj^praisement has been fUed as to 
lands found subject to entry, and no application for hearing or appeal 
has been filed as to lands found not subject to entry, the register and 
receiver shall close the case on their records, all rights under the 
application being terminated without notice. 

OBJECTION TO APPRAISEMENT: APPLICATION FOR 
REAPPRAISEMENT. 

21. Any apj^licant filing his protest against an appraisement, and 
his application for reappraisement, must support it by his affidavit, 
corroborated by two competent, credible, and disinterested persons, 
in which he must set forth specifically his objections to the appraise- 
ment. He must indicate his consent that the amount deposited by 
him for the reappraisement, or such part thereof as is necessary, may 
be expended therefor, without any claim on his part for a refund or 
return of the money thus expended. 

REAPPRAISEMENT. 

22. Vyon the receipt of a protest against appraisement and application 
for reappraisement conforming to the regulations herein, the register 
and receiver will transmit such protest and apphcation to the chief of 

* field division, who will cause the reappraisement to be made by some 
officer other than the one making the original appraisement. The pro- 
cedure provided herein for appraisement will be followed for reappraise- 
ment, except the latter, if differing from the former, must, to give it 
effect, be approved both by the chief of field division and the register 
and receiver, or, in case of disagreement between them, by the Com- 
missioner of the General Land Office. (Form E, Appendix.) 

a Amended Dec. 20, 1915. 



BEGULATIONS UNDER UMBER AND STONE LAW. 9 

NOTICE OF APPRAISEMENT. 

23. When a rcappraiscmcnt is liiuilly effected, th<' rof^istcr and 
receiver will note the reappraised price on tli<nr records, and at once 
notify the appUcant that h<' must, within 30 days from the date of 
notice, de])osit with the rec<'iver the amount fixed by suchrcap- 
])raisoment for the sale of the land, or thereafter, and without notice, 
forfeit all rights under his application. (Form F, Appendix.) 

COST OF MAKING REAPPRAISEMENT. 

24. The oilicer or em])loyee of the United States making the 
rcap])raiscment shall be })ai(l from the amount dej)osited wdth the 
receiver by the a])])hcant therefor, the salary, per diem, and other 
expenses to which he would have been entitled from the Govern- 
ment, in the case of an original appraisem<>nt, for liis serivces for the 
tune he was engaged in making and returning the reappraisement. 
The receiver will, out of the money deposited by the appHcant, pay 
such compensation including reasonable ex]>enses for subsistence, 
transportation, and necessary assistants; and the officer will deduct 
from his expense account with the Government the amount which 
lie has received from the receiver for such services. The receiver 
will return to the applicant the amount, if any, remaining on deposit 
with hun after paymg the expenses of said reappraisement. 

FINAL PROOF. 

25. After the appraisement or reapi)raisement and deposit of 
purchase money and fee have been made the register vdll fix a time 
and i)lace for the offering of final proof, and namc^ the officer before 
whom it shall be offered and ])ost a notice thereof in the land oflice 
and deliver a copy of the notice to the applicant, to be by him and at 
his expense pubUshed in the newspaper of accredited standing and 
general cu-culation publislunl nearest the land applied for. This 
notice must be continuously published in th(> ]>aper for 60 daj's 
])rior to the date named th<>rein as the day ui)on which final proof 
must be offered. (Form G, Appendix.) 

TIME, PLACE, AND METHOD OF MAKING FINAL PROOF. 

26. Final proof should be made at thv time and place mentioned in 
the notice, and, as a part thereof, evidence of })ublieatiou, as required 
by the ])revious paragraph, should also be filed. If final proof is not 
made on that day or within 10 days thereafter, the ap})licant may 
lose his right to complete <>ntry of the land. Upon satisfactory show- 
ing, however, explaining the cause of his failm-e to make the proof as 
above rc^quired, and in the absence of advei-se claim, the Commis- 
sioner of the General Land Oilice may authorize him to readvertise 

31692^—16^—2 



10 REGULATIOXS U2fDEB TIMBER AND STONE LAW. 

and complete entry under his previous application, (See Form H, 
Appendix.) 

FINAL ENTRY. 

27. Aftor an appraisement or reappraisement has been approved, 
the payments made, and satisfactory proof submitted in any case as 
required by these regulations, the register and receiver will, if no 
protest or contest is pending, allow a final entry. 

GENERAL PROVISIONS. 
CONTESTS AND PROTESTS. 

28. Protest may be filed at any time before an entry is allowed, 
and contest may be filed at any time before patent issues, by any per- 
son who will furnish the register and receiver with a corroborated 
affidavit alleging facts sufficient to cause the cancellation of the entry, 
and will pay the cost of contest. 

FALSE SWEARING FORFEITURE. 

29. If an applicant swear falsely in his application or sworn state- 
ment, he will be liable to indictment and punishment for perjury; 
and if he be guilty of false swearing or attempted fraud in connection 
with his efforts to obtain title, his application and entry will be dis- 
allowed and all moneys paid by him will be forfeited to the Govern- 
ment, and his rights under the timber and stone acts will be ex- 
hausted. 

EFFECT OF APPLICATION TO PURCHASE. 

30. After an application has leen presented hereunder no other 
person will be permitted to file on the land embraced therein under 
an}^ public-land law until such application shall have been finally 
disposed of adverse to the applicant. 

31. Lands appraised or reappraised hereunder, but not sold, may, 
upon the final disallowance of the application, be enterea by any 
qualified person, under the provisions of the timber and stone laws, 
at its appraised or reappraised value, if subject thereto. 

32. Lands applied for hut not appraised and noc entered under 
these regulations -may, when the rights of the applicant are finally 
terminated, be disposed of as though such application had not been 
filed. 

33. Any lands which have not heen reappraised may be reappraised 
upon the request of an applicant therefor under these regulations 
who complies with the requirements of section 21 hereof. 

34. An applicant securing a reappraisement under these regula- 
tions shall acquire thereby no right or privilege except that of pur- 



BEGULATIONS UNDER TIMBER AND STONE LAW. H 

chasiiit; the lands at tlu-ir reappraised value, if he is qualified, and 
if the huids ari" subject to sale under liis application; and he must 
otherwise comply with these regulations, but shall not, in any event, 
be ent itled to the return of any money deposited by him and expended 
in such I'eappraisement. 

35. Tlie Corrtmissioner of the General Land Office may at any time 
direct the reappraisemcnt of any tract or tracts of public lands, 
when, in his opinion, the conditions warrant such action. 

36. Unsatisfied military bounty land warrants under any act of 
Congress and unsatisfied indemnity certificates of location under 
the act of Congress approved June 2, 1858, properly assigned to the 
applicant, shall be receivable as cash in payment or part payment 
for lands purchased hereunder at the rate of $1.25 per acre. 

37. These regulations shall be effective on and after December 1, 
1908, but all applications to purchase legally pending on November 30, 
1908, may be completed by compliance with the regulations in force 
at the time such applications were filed. 

38. The forms mentioned hereui and included in the appendix 
hereto shall be a part of these regulations. 

ENTRY OF STONE LANDS. 

39. The foregoing regulations apply to entries of lands chiefly 
valuable for stone, and the forms herein prescribed can be modified 
in such maimer as may be necessary to the making of entries of stone 
lands. 

FORMER REGin.ATIONS REVOKED. 

40. ^Vll former regulations, decisions, and practices in conflict with 
these legulations are hereby revoked. 

Revised January 2, 1914. 

Very respectfully, Clay Tallmax, Commissioner, 

Revision a])j)roved January 2, 1914: 
Andrieus a. Jones, 

First Assistant Secretary. 



APPENDIX. 

Acts relating to Timber and Stone Entries. 

AN ACT For the sale of timber lands in the States of California, Oregon, Nevada, and 

in Washington Territory. 

Be it enacted by the Senate and House of Representatives of the United 
States of America in Congress assembled, That surveyed piil)lic lands of 
tlie United States within the States of Cahfornia, Oregon, and Nevada, 
and m Washington Territory, not inchided 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 pubHc 
sale, according to law, may be sold to citizens of the United States, or 
persons who have declared their intention to become such, in cpian- 
tities not exceedmg one hundred and sixty acres to any one person or 
association of persons, at the muiinium price of two dollars and fifty 
cents per acre; and lands valuable chiefly for stone may be sold on 
the same terms as thnber lands: Provided, That nothing herein con- 
tained shall defeat or impair any bona fide claim under any law of the 
United States, or authorize the sale of any minhig claim, or the 
improvements of any bona fide settler, or lands contammg gold, silver, 
cmnabar, co])per, or coal, or lands selected by the said States under any 
law of the United States donatmg lands for internal improvements, 
education, or other purposes: And provided further, That none of the 
rights confeiTed by the act approved July twentj'-sLxth, eighteen 
hundred and sixty-six, entitled "iVn act grantmg the right of way to 
ditch and canal owners over the public lands, ancl for other purposes," 
shall be abrogated by this act; and all patents granted shall be sub- 
ject 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 provisions of said act ; and such rights 
shall be expressly reserved in any patent issued under this act. 

Sec. 2. That any person deskmg to avail himself of the provisions 
of this act shall file with the register of the proper district a written 
statement in duT)licate, one of which is to be transmitted to the 
General Land Oflice, designating by legal subdivisions the particular 
tract of land he deskes to purchase, settmg forth that the same is 
unfit for cultivation, and valuable chiefly for its timber or stone; that 
it is uninhabited; contains no mmhig or other improvements, except 
for ditch or canal pur|)oses, where any such do exist, save such as 
were made by or belonged to the apphcant, nor, as deponent verily 
beheves, any valuable deposit of gold, silver, cmnabar, copper, or 
coal; that cleponent has made no other application under this act; 
that he does not apply to purchase the same on speculation, but in 
good faith to appropriate it to his own exclusive use and benefit, and 
that he has not, directly or mdu-ectly, made any agreement or con- 
tract, in any way or manner, with any person or persons whatsoever, 
by which the title which he might acquire from the Government of the 
United States should inure, in whole or in part, to the benefit of any 
person except himself; which statement must be verified by the oath 
of the apphcant before the register or the receiver of the land office 

12 



REGULATIONS UNDER TIMBER AND STONE LAW. 13 

within the district wlicrc the hmd Is situated; and if any person 
takiiii; siK-li oath sliall swear falsely in the ])reniLses, ho shall be sub- 
ject to all the paius and })eualties of perjury, and shall forfeit the 
money which he may have ])aid for said lands, and all n<j:ht and title 
to the same; and any ojant or conveyance wliich ho may have made, 
exce])t hi the hands of bona fide purchasers, shall be null and void. 

Sec. 3. That upon the fihn^ of said statement, as ])rovidud hi the 
second section of this act, the register of the hmd office shall post a 
notice of such ap])lication, embracino; a description of the land bv 
lep:al subdivLsions, hi his office, for a period of sixty days, and shall 
furnish the apphcant a co])y of the same for pubhcation, at the 
expense of such a})})hcant, in a news])aper ])ubhshed nearest the loca- 
tion of the premises, for a hke period of tune; and after tlie exph-ation 
of said sixty days, if no adverse clahii shall have been filed, the person 
desirui*; to jiurchase shall furnkh to the register of the land office 
satisfactory evitlence, first, that said notice of the api)lication pre- 
pared by the register as aforesaid was duly pubhshed iu a newsi)aper 
as herein required; secondly, that the land is of the character con- 
templated hi thl^ act, unoccupied and without unprovements, other 
than those excepted, either mmhig or agricultural, and that it 
ap])ar(Mitly contams no valuable deposits of gold, silver, chinabar, 
co])per, or coal ; and u])oii ])ayment to the proper officer of the jnirchase 
money of said land, together with the tees of the register and the 
receiver, as provided for in case of mhihig clahns hi the twelfth section 
of the act a])proved May tenth, eighteen huncbed and seventy-two, 
the applicant may be permitted to enter said tract, and, on the trans- 
mission to the General Land Office of the papers and testmiony m the 
case, a patent shall issue thereon; Provided, That any person having 
a valid claim to any portion of the land may object, in WTituig, totlie 
issuance of a patent to lands so held by hun, stating the nature of his 
clahn thereto; and evidence shall be taken and the merits of said 
objection shall be determined by the officers of the land office, subject 
to a])])eal, as hi other land cases. Effect shaU be given to the fore- 
going provisions of this act l)y regulations to be prescribed by the 
Commissioner of the General Land Office. 

******* 

Sec. 6. That all acts and parts of acts inconsistent ^\^th the pro- 
visions of this act are hereby re])ealed. 
Approved, June 3, 1878. (20 Stat., 89.) 



AN ACT To authorize the entry of lands chiofly vahiable for building stone under the 

placer mining laws. 

Be it enacted hy the Senate and House of Hepresentatives of the United 
States of America in Congress assenibltd, That any person authorised 
to enter lands under the minhig laws of the Uniteil States may enter 
lands that are chieily valuable for building stone under the provisions 
of the law hi relation to j^huer mineral clahns: Provided, That lands 
reserved for the benefit of the pubhc schools or donated to any State 
shall not be subject to entry under this act. 

Sec. 2. That an act entitled "An act for the sale of tunl>er lands in 
the States of California, Oregon. Xevaila. and Washhigton Territory.'' 
approved June thkd, eighteen humh-ed and seventy-eight, be, and the 



14 EEGULATIONS UNDER TIMBER AND STONE LAW. 

same is hereby, amended by striking out the words "States of Cali- 
fornia. Oregon, Nevada, and Washington Territory," where the same 
occur in the second and thuxl lines of said act, and insert in lieu 
thereof the words "])ubhc-land States," the purpose of this act bemg 
to make said act of June third, eighteen hundi'ed and seventy-eight, 
apphcable to all the pubHc-land States. 

Sec. 3. That nothmg m this act shall be construed to repeal section 
twenty-four of the act entitled ''An act to repeal timber-culture laws, 
and for other purposes," approved March thhd, eighteen hundred 
and ninety-one. 

Approved, August 4, 1892. (27 Stat., 348.) 



AN ACT To provide for the location and satisfaction of outstanding military bounty 
land warrants and certificates of location under section three of the act approved. 
June second, eighteen hundred and fifty-eight. 

Be it enacted by the Senate and House of Mepresentatives of the United 
States of America in Congress assembled, That in addition to the 
benefits now given thereto b}'- law, all unsatisfied military bounty 
land warrants under any act of Congress, and unsatisfied indemnity 
certificates of location under the act of Congress approved June 
second, eighteen hmidred and fifty-eight, whether heretofore or 
hereafter issued, shall be receivable at the rate of $1.25 per acre in 
payment or part pa^aiient for any lands entered under the desert -land 
law of ]\Iarch tliird, eighteen hundred and eighty- [seventy-] seven, 
entitled "An act to provide for the sale of desert lands in certain 
States and Territories," and the amendments thereto, the timber- 
culture law of ^larch third, eighteen hundred and seventy-tliree, 
entitled "An act to encourage the growth of timber on the Western 
prairies," and the amendments thereto; the timber and stone law of 
June tliird, eighteen hundred and seventy-eight, entitled "An act for 
the sale of timber lands in the States of California, Oregon, Ne- 
braska, and Wasliington Territory," and the amendments thereto, or 
for lands which may be sold at public auction, except such lands as 
shall have been, purchased from any Indian tribe within ten years last 
past. 

Approved, December 13, 1894. (28 Stat., 594.) 



AN ACT To abolish the distinction between offered and unoffcred lands, and for other 

purposes. 

Be it enacted hy the Senate, and House of Representatives of the United 
States of America in Congress assembled, That in cases arising from 
and after the passage of this act the distinction noAv obtaining in the 
statutes between offered and unoffered lands shall no h)nger be mado 
in passing upon subsisting preemption claims, in disposing of the 
pubhc lands under the homestead laws, and under the timber and 
stone law of June third, eighteen hundred and seventy-eight, as 
extended by the act of August fourth, eighteen hundred and nmety- 
two, but in all such cases hereafter arising the land in (question shall 
be treated as unoffered, without regard to whether it may have 
actually been at some time offered or not. 

^tf ^t* %^ ^f *^ *^ *^ 

Approved, May 18, 1898. (30 Stat., 418.) 



REGULATIONS UNDER TIMliER ANb SXONfc LAW. 16 

AN ACT To aiiK'nd tli«; act of ( "onf^ress of March eleventh, uiuetccn liuudrod and two, 

relating to homesteads. 

Be it enacted by the Senate and House of Representatives oftJie United 
States of America in Congress assembled, That an act entitled "An 
act to amend section twenty-two hundred and ninety-four of the 
Kevised Statutes of the United States." approved March eleventh, 
nineteen hundred and two, be, and the same is hereby, amended to 
read as follows: 

"That section twenty-two hundred and ninety-four of the Revised 
Statutes of the United States be, and the same is hereby, amended so 
as to read as follows: 

" 'Sec. 2294. That hereafter all proofs, affida\its, and oaths of any 
Idnd whatsoever requu'ed to be made by applicants and entr}nnt'n 
under the homestead, preemption, limber-culture, desert -land, and 
tind)er and stone acts, may, m addition to those now authorized to 
take such affidavits, proofs, and oaths, be made before any United 
States commissioner or commissioner of the court exercising Federal 
juiisdiction in the Territory, or i)eforo the judge or clerk of any court 
of record hi the comity, parish, or land district in which the lands are 
situated: Provided, That in case the affidavits, proofs, and oaths 
herembefore mentioned be taken out of the county in which the land 
is located the applicant must show by affiilavit, satisfactory to the 
Commissioner of the General Land Office, that it was taken before 
the nearest or most accessible officer qualified to take said affidavits, 
proofs, and oaths in the land districts hi which the lands appUed for 
are located; but sucli showhig by affidavit need not be made in 
making ffiial proof if the proof be taken in the to\\Ti or city where the 
newspaper is published in which the final proof-notice is printed. 
The proof, affidavit, and oath, when so made and duly subscribed, or 
which may have heretofore been so made and duly subscribed, shall 
have the same force and effect as if made before the register and 
receiver, when transmitted to them %vith the fees and commissions 
allowed and required by law. That if any witness making such 
proof, or any applicant making such affidavit or oath, shall knoA\*ingly, 
willfully, or corruptly swear falsely to any material matter contained 
in said proofs, affichivits, or oaths he shall be deemed guilty of perjury, 
and shall be liable to the same pains and penalties as if he had sworn 
falsely before the register. That the fees for entries and for final 
proofs, when made before any other officer than the register and 
receiver, shall be as follows: 

" 'For each affithivit, 25 cents. 

" 'For each deposition of claimant or witness, when not prepared by 
the officer, 25 cents. 

" 'For each deposition of claimant or witness, prepared by the 
officer, $1. . 

" 'Any officer demanding or receivmg a greater sum for such serWce 
shall be guilty of a misdemeanor, and upon conviction shall be 
punished for each offense by a fine not exceeding SIOO.'" 

Approved, March 4, 1904. (33 Stat., 59.) 



16 REGULATIONS UNDER TIMBER AND STONE LAW. 

AN ACT Making approjtriatioiifi for sundry civil expenses ol' the Government for the 
fiscal year ending June thirtieth, eighteen hundred and ninety-one, and other 
purposes. 

Be it enacted hy the Senate and House of Representatives of the United 
States of America in Congress assembled, 

'fi *|5 Jj» 3J« 3j» 3j5 S|C 

No person wlio shall, aftor the passage of tliis act, ontor upon any 
of the public lands with a view to occupation, entry, or settlement 
under any of the land laws shall be permitted to acquire title to 
more than three hundred and twenty acres in the aggregate, under 
all of said laws, but this limitation shall not operate to curtail the 
right of any person who has heretofore made entry or settlement on 
the pubhc lands, or whose occupation, entry, or settlement is vali- 
dated by this act: Provided, That in all patents for lands hereafter 
taken up under any of the land laws of the United States or on 
entries or claims vaUdated by this act, west of the one hundredth 
meridian, it shall be expressed that there is reserved from the lands 
in said patent described a right of way thereon for ditches or canals 
constructed by the authority of the United States. 

Approved, August 30, 1890. (26 Stat., 391.) 



AN ACT To repeal the timber-culture laws, and for other purposes. 

Be' it enacted hy , the Senxite and House of Representatives of the 
United States of America in Congress assemhled, 

H= * Hs sj; ^ :(: ^ 

Sec. 17. That reservoir sites located or selected and to be located 
and selected under the provisions of ''An act making appropriations 
for sundry civil expenses of the Government for the fiscal year 
ending June thirtieth, eighteen hundred and eight3'-mne, and for 
other purposes," and amendments thereto, shall be restricted to 
and shall contain only so much land as is actually necessary for the 
construction and maintenance of reservoirs, excluding so far as 
practicable lands occupied by actual settlers at the date of the 
location of said reservoirs; and that the pro^^sions of "An act making 
appropriations for sundry civil expenses of the Government for the 
fiscal year ending June tliirtieth, eighteen hundred and ninet3'-one, 
and for other purposes," which reads as follows, viz: "No person 
who shall after the passage^ of this act enter upon any of the pidjlic 
lands wdth a view to occupation, entry, or settle-ment under any of 
the land laws shall be permitted to acquire title to more than three 
hundred and twenty acres in the aggregate under all said laws," 
shall be construed to include in the maximum amount of lands the 
title to which is permitted to be acquired by one person only agri- 
cultural lands, and not include lands entered or sought to be entered 
under mineral-land laws. 

Approved, March 3, 1891. (26 Stat., 1095.) 



The 320-acre limitation provided by the above acts of August 30, 
1890 (26 Stat., 391), and March 3, 1891 (26 Stat., 1095), applies to 
timber and stone entries. (33 L. D., 539, 005.) 



REGULATIONS UNDEK TIMBER AND STONE LAW. 17 

I Form A.] 

Application and Sworn Statement. 

[To BE Made in Duplicate.] 

Act June 3, 1878, and Acts Amendatory. 

departmental regulations approved november 30, 1908. 

United States Land Office, 

.'19— . 



I, , hereby make application to purchase the 

quarter of section , in township and range , in 

the State of , and the timber thereon, a^ such vahie as may 

be fixed by appraisement, made under the authority of the Secretary 
of the Interior, under the act of June 3, 1878, commonly known as 
the "Timber and stone law," and acts amendatory thereof, and in 
support of tliis appUcation I solemnly swear: That I am a native 
(or naturaUzed) citizen of the United States (or have declared my 

intention to become a citizen); that I am years of age, and 

by occupation ; that I did on , 19 — , examine said 

land, and from my personal knowledge state that said land is unfit 
for cultivation and is valuable chiefiy for its timber, and that to my 
best knowledge and belief, based upon said examination, the land 

is worth dollars, and the timber thereon, which I estimate 

to be feet, board measure, is worth ■ — dollars, making 

a total value for the land and timber of dollars and no more; 

that the land is uninhabited; that it contains no mining or other 
improvements, nor, as I verily believe, any valuable deposit of 
gold, silver, cinnabar, copper or coal, or other minerals, salt springs 
or deposits of salt; that I have made no othi>r appUcation under 
said acts; that I do not apply to purchase the land above described 
on speculation, but in good faith to appropriate it to my own 
exclusive use and benefit; that I have not, directly or indirectly, 
made any agreement or contract, in any way or maimer, with any 
person or persons whomsoever, by which the title I may acquire 
from the Government of the United States may inure in whole or 
in part to the benefit of any person except myseLf; that since August 
30, 1890, I have not entered and acquii-ed title to, nor am I now- 
claiming, under an entry made under any of the nonmineral ])ubUc 
land laws, an amount of land which, together with the land now 
appH(>d for, will exceed in the aggregate 320 acres; that I am not a 
member of any association, or a stockholder in any corporation 
which has filed an application and sworn statement under said act; 

and that my post-oflice adch-ess is —, at which place any notice 

affecting my rights under this application may be sent. 1 request 

tliat notice t)e furnished me for publication in the newspaper, 

published at . 

(SiRii here, witli full Christian name.) 

I hereby certify that the foregoing affidavit was read to or by 
affiant in my presence before aifiant afiixetl signature thereto; that 



18 REGULATIONS UNDER TIMBER AND STONE LAW. 

affiant is to me pei-sonally kllo^^^l, or has been satisfactorily identified 

before me by (give full name and post-office address) ; 

that I verily believe affiant to be a qualified applicant and the 
identical person hereinbefore described, and that said affidavit was 

duly subscribed and sworn to before me, at my office in • 

(town), (county and State), within the land 

district, tliis dav of , 19 — . 



(Official designation of officer.) 

In case the applicant has been naturalized or has declared his in- 
tention to become a citizen, a certified copy of his certificate of nat- 
uralization or declaration of intention, as the case may be, must be 
furnished. 

If the residence is in a city, the street and number must be given. 

The newspaper designated must be one of general circulation, pub- 
lished nearest the land. 



[Form. B.] 

Designation of Appraiser. 

DEPARTMENTAL REGULATIONS APPROVED NOVEMBER 30, 1908. 



— , 19- 



Sir: You are designated to appraise the quarter of section 

, to"s\Tiship , and range , which em- 
braces a total of acres. This land has been applied for by 

, of , , under the timber and stone law. 

If you accept this designation, it will be your duty to personally visit 
and carefully exanune each and every legal subdivision of the land, 
and the timber thereon, and to make a return through this office of 
the approximate quantity, quaHty, and the stumpage cash value of 
the various kinds of timber, the cash value of the land, and the total 
value of the land and timber. The total appraisement of the land 
and timber, however, must not amount to less than two dollars and 
fifty cents per acre for each acre appraised. Each legal subdivision 
must be separately appraised, or your return must show specifically 
that the appraisement appUes to each legal subdivision. 

Please inform me as soon as possible, and not later than 

, 19 — , whether you will be able to do the work, and also 

advise me the approximate date the appraisal will be completed. 
Very respectfully. 

Chief of Field Division, General Land Office. 



REGULATIONS UNDER TIMBER AND STONE LAW. 



19 



[Form C.l 



Appraisal, Timber and Stone Lands. 
Act of March 3, 1878, and Acts Amendatory. 

DEPARTMENTAL REGULATIONS APPROVED NOVEMBER 30, 1908. 



Lot or quarter- 
quarter. 



Kind of I Quality 
timber, of timber. 



Board 

feet 

per tract. 



Stumpage 
value 
per M. 



Character 
of soil. 



Value of Total value [ Value of 
land ex- | of land and j laml and 
elusive of limtjer per timl)Cr per 
timber. | e-re. i tract. 



(wagon haul, flume, rivt;r driving, 



Logging: 

Timber must be logged by 

or railroad). 

Distance logs ov lumber are to be transported to market, 

miles. Approximate cost per M for transportation of logs or lumber 
to market, dollars. Accessible? (yes or no). Manu- 
facturing possible on the ground? (yes or no). Will there 

be improvement in logging facilities in the vicinity? (yes or 

no). WDJ the demand for timber products be likely to increase in 
the neighborhood in the near future? (yes or no). Nearest 



available c^uotations on stumpage for the species estimated 



-, 19—. 



STATEMENT BY APPRAISER. 



I have carefully exammed each and every legal subdivision of 

the quarter of section , toAvnship , ran^e , 

and the timber thereon, and the estimates includetl in the above table 
and the foregoing statement were based on personal examination. I 
did not fbid any mdication that the land or any part thereof contains 
any valuable mineral or coal deposits, and found no improvements or 
other evidence that ajiy claim is being asserted under any of the 
public-land laws. I recommend that the applicatiim to purchase 
receive favorable action. 



Appra iser. 



ACTION ON APPRAISEMENT. 



I have carefully examined the within appraisement and find no 
reason to believe that it is improperly made. 
It is therefore, accordingly, approved. 

Chief of Field Di vis-ion. 

Note. — The approval of the appraisal by the chief of iiekl division 
is final, and no action is required thereon by the register and receiver, 
except to note the appraised price on then r'^<xirds and to issue the 



20 REGULATIONS UNDER TIMBER AND STONE LAW. 

necessary notices. Tlie register- and receiver will, in tlie event of a 
disagreement between the appraiser and the chief of field division, and 
their concurrence with the appraiser, sigji the folio wmg certificate: 

United States Land Office, 



We have carefully considered the within appraisement and the 
objections thereto urged by the chief of field division, and, believijig 
th-.it the appraisal is not materially high or low, the same is hereby 
approved. 

, Register. 

, Receiver. 

Note. — If the register and receiver concur in the adverse objections 
of the chief of field division, they will proceed iii accordance with 
paragraph 17 of the Kegulations approved November 30, 1908. 

SUGGESTIONS TO APPRAISER. 

The appraiser should fill in each blank carefully and legibly. Under 
the head of kinds of timber he should state the species, such as '' yel- 
low pine," ''white pine," ''Douglas fir," ''spruce," etc. If there are 
more than four leading species, all others should be under the head 
of "Miscellaneous," in the fifth space. The quality of the tunber 
should be judged as far as possible at local sawmills, and should be 
indicated by such descriptive words as "excellent," "good," "fair," 
and "poor." 

In the first column to the left the description of the land should be 
given. 



[Form D.] 

Notice to Applicant of Appraisement. 

DEPARTMENTAL REGULATIONS APPROVED NOVEMBER 30, 1908. 

United States Land Office, 



Sir: You are mformed that the land, and the timber thereon, 

embraced m your timber and stone application No. , filed 

, 19 — , have been appraised m the total sum of 

dollars. 

You are therefore notified that your applicatio]i for said lands wiU 
be dismissed without further notice, if you do not, within thirty 
days from service of this notice, deposit the ap])raisod price of the 
land with the receiver of this office, or file your writt(>n protest against 
such appraisement, setting forth clearly and specifically your objec- 



REGULATIONS UNDER TIMBER AND STONE LAW. 21 

tioii thereto, wlucli protest must bo sworn to 1)V you, uiid corroborated 
by two competent, credible, and disuiterestecf persons. The protest, 
if filed, must be accompanied by your application requesting that 
the land be rea|)praised at your expense, and you must deposit with 

the r(H'.eiv(>r the sum of dollars, to be ex])ended therefor, and 

you must uidicatc your consent that the amount so deposited maybe 
expended for the reappraisement, without any claim on your part that 
a]iy portion thereof, so expejided, shall be returned or refunded to 
you. 

If a reappraisement is made under your application, ycu will secure 
no rij^ht or privilejje, except that of purchasinf^ the lands at their 
reap])raised value, if they are subject to sale and you are properly 
qualified. 

Very respectfully, 

, Register. 

, Receiver. 



[Forra E.] 

Reappraisement. 

Form C may be modified so as to show that the action taken is a 
reappraisement instead of an original appraisement. The return of 
the appraising officer and indorsements by the chief of field divi.siou 
and the register and receiver must show that the action taken is a 
reai)])raisement, and it must l)e approved conjointly by the chief of 
field division and the register and receiver. 



[Form F.] 

Notice of Reappraisement. 

DEPARTMENTAL JtEGULATIONS APPROVED NOVEMBER 30, 1908. 

United States Land Office, 



Sir: You are advised that, pursuant to your application, the ; — 

quarter of section , towTiship , and range , and the tim- 
ber thereon, embraced iu your timber and stone sworn statement, 

No. — , have been rea]ipraised, and tlie price fixed at doUars, 

which amount you must deposit with the receiver of this office within 
thirty days from service of notice hereof, or your applicatioTi will l>e 
fmally disallowed witliout further notice. 
Very respectfully. 

, Regitter. 

, Receiver. 



22 REGULATIONS UKDER TIMBER AND STONE LAW. 

[Form G.] 

Notice of Application to Purchase Under Timber and Stone Laws. 

DEPARTMENTAL REGULATIONS APPROVED NOVEMBER HO, 1908. 

United States Land Office, 

, 19—. 

Xotico is hereby given that , whose post-office address 

is , did on the day of , 19 — , file in tliis office 

his sworn statement and application Xo. — to purchase the 

quarter of section , toA^nisliip , range , M., 

and the timber thereon, under the provisions of the act of June 3, 
1878, and acts amendatory, known as the "Timber and stone law," 
at such value as might be fixed by appraisement, and that, pursuant 
to such application, the land and timber thereon have been appraised, 

the timber estimated board feet, at $ per M, and the 

land S , or combined value of the land and timber at $ ; 

that said applicant ^^dll offer final proof in support of his application 

and swoiTi statement on the day of , 19—, before ■ 

, at . Any pei-son is at fiberty to protest this purchase 

before entry, or initiate a contest at any time before patent issues, 
by filing a corroborated affidavit in this office, alleging facts which 
would defeat the entry. 

, Register. 

Where notice is issued under section 19, the register will mocUfy the 
blank so as to show the valuation placed on the land and the timber 
thereon was that made by the apphcant when he filed his sworn state- 
ment, instead of being fixed by appraisement. 



[Form H.] 

Timber or Stone Entry. 

(4— 370a.) 
(Departmental regulations approved by the Secretary of the Interior, November 30, 1908.) 

U. S. Land Office, , , No. 



Receipt No. 
FINAL proof. 

I hereby solemnly swear that I am the identical 



who presented sworn statement and appfication, No. , for 

, section , township , range , 

meridian; that the land is valuable chiefly for its timber, and is, in 
its present condition, unfit for cultivation; that it is unoccupied and 
without improvements of any character, except for ditch or canal 
purposes, and that it apparently contains no valuable deposits of 
gold, silver, cinnabar, copper, coal, salines, or salt springs. 



1 

(Sign here, with full Christian name.) 



(Post-office address.) 



EEGULATIONS UNDER TIMBER AND STONE LAW. 23 

I hereby certily that the foregoing affidavit was read to or by 
affiant in my presence before afliant affixed signature thereto; that 
affiant is to me pei-sonally fcnowm, or has been satisfactorily ittentified 
before me by ; that I verily believe affiant to be a quali- 

(Givo full name and post-office address.) 

fied applicant and the identical person hereinbefore described, and 
tliat said affidavit was duly subscribed and sworn to before me, at my 
office, in , , witliin the land district, tliis 

(Town.) (County and State.) 

day of , 19 — . 



(Official designation of officer.) 

Tliis form of proof can be accepted only where the land embraced in 
tfie application to purcliase has }3een appraised or reappraised pur- 
suant to the provisions of the Timber and Stone Regulations approved 
November 30, 1908, by the Secretary of the Interior. 

Proof supporting applications to purchase under section 19 of the 
said regulations or under applications pending November 30, 190S, 
nuist be made by the apphcant and two v.itnesses, as required by the 
regulations in force prior to December 1, 1908. (See Forms 4 — 370 
and 4—371.) 

O 



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