Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-01-06

ranchers and actual isettlers to stay upon
the lands st least one-fourth of the lease
districts should he returned to them.
Sec. 3. The land so leased shall be sub
jet to existing a RAYS 5 59a u sSd
homestead laws the register and receiver
shall Immediately notify the lessee of the
said homestead entry, giving the date of
same with a description of the land. The
lessee thereupon relinquishes all his rights
to said entered land; Provided, that upon
shall be required to protect the same
against the encroachments or the live
fence. which is declared to be as follows
Posts or other uprights OF reasonable
or in 91 essS
other. with two suitable stays between
posts, nearly equally dividing such space
ordinary barbed fence wire well stretched
and firmly fastened to such posts, up
rights ana STAYS win me buppsF boS Sera tha
and the lower strand shall not be more
than eighteen nor less than twelve inches
above the general surface of the ground
Hereunder. and the middle strand shall
nearly equally divide the space between
kind OF fence or barrier, as effective for
the purposes of a fence as that provided
in the above section of this code, is hereby
declared sufficient and lawful; Provided,
that all corral fences used exclusively for
the purpose of enclosing stacks which are
not be less than sixteen feet from such
Stack so enclosed; shall be substantially
distant from each other and with not less
than five strands OF harbed fence wire,
and shall not be less than five feet high
and: Provided further; That any other
kind of a fence equally as effectual for
the purpose of corral fence may be made
IS. This paragraph defining legal fence
is copied from laws of South Dakota and
the fence requirement is incorporated for
the reason that il is not probable that
congress would enact any law that will in
any manner repeal the existing homestead
! lessee against blackmaH. which might me
/ INDUCED IN by the homesteader m enter
ing the land within his leased holdings by
{ reason of said lessee being required "a
/ keep his stock of the premises of the said
| homesteader, particularly in states having
! no fence requirements this provision Is
I protect his premises by fence OF his
own. Further, under the Kinkaid home
stead law, each entryman is required 10
| improve same to the extent of $l25 per
| acre, fences being accepted as improve
| ments.' Therefore, this provision cannot
work any great hardship to the home
steader.
Section 10. A homestead entryman hav-
ing MED subject to provisions OF section
| nine 49, upon satisfying the local land
| ONCE that he has established an actual
| bona fde residence upon his said home
| stead shall be entitled 10 lease as much
| as twenty acres of land for each acre
| embraced in his homestead. contiguous "a
said homestead, although the same may
at the time be held under previous lease
or leases. Provided, that the homestead
| entryman Ming under act of congress OF
| April u. 1904, 80 L. S. statutes, page "a
| commonly known as the "Kinkaid" law
shall be allowed FIVE (5) acres for each
acre contained in his homestead ('6). Upor
! application being made by said entryman
| giving number OF acres and description OF
same 70 the register and receiver Of th'
| local land Office, they shall at once serve
said lessee or lessees by legal notice un
der the customary rules, and after hay
ing had thirty days notice, should SAID
lessee or lessees fail To make protest theI
so much of said lease or leases may b'
cancelled as may be necessary TO trans
Ter under lease. at said price per acre
Ihe land applied FOR to said entTyman
should the holder or holders Of said lands
under lease or leases protest against saiC
transfer, the register and receiver shall
cite all parties interested TO appear 70
hearing under rules OF practice. Provided
| turther. that these officers shall ascertain
me amount OF land held under the home
stead laws, lease of state school lands o
troeh"ld ythP respective parties an
ir',"hr' ~ nv the respective parties. al,
'ided 'AeTe be sufficient OF the same pr