Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1905-11-27
Land Deparfm en-

ID Lafe Land OEIce ana
III Affecting PabIScLe
IA ". s. Land DEf7cea
- ~ -
NoTE-The Bismarck Tribune has establis
published weekly, such decisions In contest cas-.
Of general interest to the public and special In
Once. rs u
ENTRYMEN.
First--When Lands May Be Cleared.
Timber land embraced in a home
stead, or other entry not ccnsum-
mated, may be cleared in order 10 Gull
i tivate the land and improve the
premises, but for no. other purpose.
If, after clearing the land for cultiva-
ton, there remains more timber than
is required for improvement, there
is no objection to the settler dispos-
ing Of the same. But the question
whether the land is being cleared Of
it's timber for legitimate purposes is
a question of fact which is liable to
be raised at any time. If the timber
is cut and removed for any other pur-
lpose it will subject the entry to can
collation., and the person who cut it
will be liable to civil suit for the re-
covery of the value of said timber,
and also to criminal prosecution un-
der section 2461 of the Revised
Statutes.
| Second-What Is Required of Set
tier. 1t is required of the homestead
settler that he shall reside upon and
cultivate the land embraced in his
homestead entry for a period of five
Years from the time of filing the
affidavit, being also the date of entry.
Further, within two years from the
Expiration of the said five years he
must file proof of his actual settle
ment and cultivation, failing to do
which, his entry will be cancelled. If
the settler does not wish to remain
five years on his tract he can, at any
time after fourteen months, pay for
it with cash upon making proof of
settlement and cultivation from date
of filing affidavit to the time of pay
ment. - II t5t
Third-Lands Must Be Subject to
Entry. Any entry must be Cancelled
if it is made for lands which are
either mineral or saline in character,
or for lands which are embraced in
or covered by any valid subsisting
adverse settlement, application, entry,
location, or other form of appropria-
ton, or for lands which have already
been granted, reserved, or withdrawn
for any purpose.
Fourth Must Be Fully
Qualified to Make Entry. All entries
must be Cancelled when they are held
by persons of either of the following
classes: Cd Minors, who are not the
heads of families; (2) aliens, who
have. not declared their intentions to
become citizens; CO married women,
with certain EXCEPTIONS; ca persons
VINO have exhausted their rights by
making other homestead entries;
60 persons who were at the date of
such entry the owners Of more than
| 160 acres of land, and CO. persons
i'who have, since August 80, 1890, ac-
Quired title to, or are claiming
through settlement or entry, other
agricultural public lands which with
the lands last applied for exceed in
the aggregate 800 acres. 5s.
Fifth Fraudulent Entries. All
fentries must be declared fraudulent
and cancelled where % they are
made by disqualified persons who
falsely represent themselves to be
qualified; ca where they are not
made for the sole purpose of actual
residence and cultivation to obtain a
home for the entryman, but are made
wholly or in part in the interest of,
or for the benefit of, some other per-
son, and CD where they were origin
ally made in good faith but are after
wards held in the interest of or for
the benefit of others. An entry made
. in good faith, without fraud, becomes
a fraudulent entry and must be can
tceled If the entryman, before final
proof, sells or agrees to sell the land
or any part thereof or interest there
in, to some other person and there
after continues his residence and Gull
tivation, intending, after proof, to
make conveyance to such person.
Sixth Continuous Bona Eide Resi-
dence and Cultivation Necessary.
Homestead entries must be Cancelled
in all cases where the entryman fails,
! for six months from the date of his
entry, to actually abandon all other
homes and make his home in good
faith on the land entered; and when
the entryman has in this manner
| ACTUALLY eSJdUilSHGu his DOua uQ0
home on the land to the entire ex-
clusion Of a home elsewhere, he must
thereafter continuously reside upon
and cultivate the land entered until
he has earned a patent, and his fail
ure to do so may result in the cancel
lation of his entry, unless the regis
ter and receiver, for good cause
shown, grant him leave Of absence
from the land. It should be always
remembered by entrymen that they
can not, while seeking title under
the homestead laws, maintain a home
anywhere except on the land.
Seventh--Final Proof and Patent.
Al homestead entryman may, by prov
ing fourteen months, residence and
cultivation and the payment OF the
minimum price OF the land, in addi-
ton to certain fees, obtain patent;
Tor he may, by proof of FIVE years
actual residence and cultivation, at
any time within seven years from the
date Of his entry, obtain patent by
the payment of the fees and COM
Il