Page:United States Statutes at Large Volume 20.djvu/114

FORTY-FIFTH CONGRESS. Sess. II. Ch. 150, 151. 1878. 89 Sec. 3. Any person or persons who shall violate the provi ions of Penalty. 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 iined 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. CHAP. 151.-An act for the sale of timber lands in the States of California, Oregon, Jung 3, ]878_ 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 public lands of Timberand stone the United States within the States of California, Oregon and Nevada ]¤¤<l¤i¤ C¤]if¤1‘¤i¤» and in Washington Territory, not included within military, Indian, or g‘if,g°“* °°°·· t° °° other reservations of the United States, valuable chiefly for timber, but ' uniit for cultivation, and which have not been offered at public sale according to law, may be sold to citizens of the United States, or persons who have declared their intention to become such, in quantities not exceeding one hundred and sixty acres to any one person or association of persons, at the minimum price of two dollars and fifty cents per acre; and lands valuable chiefly for steric may be sold on the same terms as timber lands: Provided, That nothing herein contained shall Promo. defeat or impair any bona-fide claim under any law of the United States, or authorize the sale of any mining claim, or the improvements of any bona.-tide settler, or lands containing gold, silver, cinnabar, copper, or coal, or lands selected by the said States under any law of the United States donating lands for internal improvements, education, or other purposes: And prorided further, That none of the rights conterred by p,-mso_ the act approved July twenty-sixth, eighteen hundred and sixty-six, 1866, cli. 2Q?, entitled “An act granting the right of way to ditch and canal owners gi g*;fg§·’r B2 over the public lands, and for other purposes", shall be abrogated by RjS_'2j,4O’5'4g2_' this act; and all patent granted shall be subject to any vested and R,s,e;;4iQp,4;:g, 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. Application fo,. Sec. 2. That any person desiring to avail himself of the provisions purchase. of this act shall tile with the register of the proper district a written statement in duplicate, one of which is to be transmitted to the General Land Office, designating by legal subdivisions the particular tract of land he desires to purchase, setting forth that the same is uniit for cultivation, and valuable chiefly for its timber or stone; that it is uninhabited; contains no mining or other improvements, except for ditch or canal purposes, where any such do exist, save such as were made by or belong to the applicant, nor, as deponent verily believes, any valuable deposit of gold, silver, cinnabar, copper, or coal ; that deponent 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 indirectly, made any agreement or contract, 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 applicant before the register or the receiver of the land-olhce within the district where ' the land is situated; and if any person taking such oath shall swear _ False swearing falsely in the premises, he shall be subject to all the pains and penal- m ¤Pl’l*°"·l’°”· ties of perjury, and shall forfeit the money which ho may have paid for said lands, and all right and title to the same; and any grant or conveyance which he may have made, except in the liandsof bona-fide purchasers, shall be null and void.