Public Law 44–102

1874, ch. 55, 18 Stat., 21.

Amended.

That section three of the act entitled “An act to amend the act entitled ‘An act to encourage the growth of timber on the western prairies,’” is hereby amended by adding thereto the following further proviso: Provided, further, That whenever a party holding a claim under the provisions of this act, or whenever making final proof under the same, shall prove by two good and credible

Trees destroyed by grasshoppers.

witnesses that the trees planted and growing on said claim were destroyed by grasshoppers during any one or more years while holding said claim, said year or years in which said trees were so destroyed shall not work any forfeiture of any of the rights or privileges conferred by

Time to plant trees extended.

this act; and the time allowed by this act in which to plant the trees and make final proof shall be extended the same number of years as the trees planted on the said claim were destroyed in the manner specified in this section.

Sec. 2.

That the planting of seeds, nuts, or cuttings shall be considered a compliance with the provisions of the timber-culture act: Provided, That such seeds, nuts, or cuttings of the kind and for the purpose contemplated in the original act shall be properly and well planted, the ground properly prepared and cultivated; and in case such seeds, nuts, or cuttings should not germinate and grow, or should be destroyed by the depredations of grasshoppers, or from other inevitable accident,

Replanting, when required.

Proviso.

that the ground shall be replanted or the vacancies filled within one year from the first planting: Provided, further, That parties claiming the benefit of the provisions of this act shall prove, by two good and

Proof of facts.

credible witnesses, that the ground was properly prepared and planted in such seeds, nuts, or cuttings, and were so destroyed by inevitable accident in such year.

Sec. 3.

That it shall not be necessary to plant trees, seeds, nuts, or cuttings in one body, provided the several bodies, not exceeding four in number, planted by measurement, aggregate the amount required and in the time required by the original and amended act.