The Black Hills union and western stock review. [volume] (Rapid City, S.D.) 1904-19??, 1905-12-08

General Land Office are given out
for publication for the information |
of persons who may be concerned.
LEAVES OF ABSENCE.
"Before leave of absence can be
granted to q settler he must not only
show that by reason Of total or par
tial destruction or failure of his
crops, sickness or other unavoidable
casualty heis unable to procure a
support for himself or those depend
ant upon him on his claim, but he
must also affirmatively and specific
ally show that in good faith estab-
lished and maintained actual resid-
ence upon the land and cultivated it
from the date of entry to the filing
OF the application for leave, as the
law requires GO L. D., 340)"
The leave of absence IN question
was granted upon an application
alleging as the only reason: 81 am
not prepared or able to live on said
land during the coming winter and
will be compelled to go elsewhere as
there is no employment in the vic
unity of said land to be had"
COMPUTATION OF A HOMESTEAD ENTRY.
"His absence from June 1903 to
April 10, 1904 including that with
leave and without leave must be
! deducted (excluded) from the period
Of fourteen months required for
commutation proof. Constructive"
residence is allowed only from date
of entry until actual residence and
settlement in good faith within six
months from entry. In this case
residence aud settlement was either
contem poraneous with the entry, or
was not made until April 10, 1904
(more than six months from date of
entry) and the departmental rule of
constructive residence is not applic-
able.
In the case to which the letter re-
fers the proof showed that the claim
ant resided on the land from April
10, 1904 unit! December 13, 1904 (6
months and 3 days. and did not
again take up his residence on the
land but "was visiting among neigh
bors for few days. at the time OF
making final proof, May 10, 1905.
"These circumstances in connec.
t tion with the other facts tend
strongly to show that the claimants
3 residence on the land was merely
e for the purpose of camp ying with
tie letter of the Departmental rule
' Periodic visits or even continuous
4 presence upon the land, not with the
!, view of making it a permanent home
9 to the exclusion of one elsewhere
2 but merely for the purpose of carry
y ing out the letter of the Depart
e mental rule requiring at least four
teen months actual residence ant
J cultivation (six months of whicl
a may be constructive and with tn
I, intent to discon tinue inhabitancy a
t the end of that period is not in an,
e proper sense compliance with sal,
y rule. !"
In the case referred to the claiman
q built his house and lived on his Ian,
n for two weeks Immediately followin,
'e the date of his entry, was then at
'e sent until December "a of the sam
a year (about six months) and wa
r then on his land one day, when h
a applied for and was granted leave {
l. absence for six months but returne
d to his land April 10, 1904,
IS From these attractions it will
81 readily seen that the mere bein
e present upon the land for fe
days, or few weeks at time car
not be counted as residence, an
that residence is not established b
rs visits to the land of that characte
in that residence is not establishe
~ until the claimant actually move
q upon the land and maxes it his pei
g. manent home, and that the date
OF commencing such permanent res
a dence must be taken as the date
to actual settlement. If that date
Ii within six mon tbs from date of entr
C. and the residence and cultivatio
rt are continuous from that time tt
claimant may make commutatio
oy proof at the expiration OF fourtee
in months from date of .ntry, if th;
ak date be after six months from IL
ne date of the entry the claimant mu
e show fourteen months actual res
10 dence upon and use of the land b
fore such proof can be made.