Judith Gap journal. [volume] (Judith Gap, Mont.) 1908-19??, 1909-05-14
ON ENLARGED
HoMESTEADS

by the people in this law. which i, of the
most i'm portant to Montana enacted in
| years. we herewith reprint the .er,nain
| portion of the document:
The Registers and Receivers. United
| states Land Offices, Colorado. Mon.
| tana. Nevada. Oregon, Utah. Washing.
ton. Wyoming. Arizona and New Mex
leo.
Gentlemen: The following in>truc-
lions are issued for your guidance in
the administration Of the act of com
gre>s. approved Feb. 10. 1909, "to pro-
vide for an enlarged homestead" public
No. 245). copy of which may be found
at the end Of these instructions:
HOMESTEAD ENTRIES FOR THREE
HUNDRED AND TWENTY ACRES
KIND OF LAND SUBJECT TO SUCH
ENTRY.
l. The first section Of the act pro-
vides for the making Of homestead en-.
try for an area of 800 acres. or less,
OF non-mineral non-timbcrcd, non.irri.
gable public land in the suites of Col
orad". Montana. Nevada. Oregon. Utah.
Washington. Wyomin. and the tcrritor.
les of Arizona and New Mexico.
The term ''non-irrigable land" as used
in this act, is construed to mean land
which. as il rule, lacks sufficient rainfall
to produce agricultural crops without
the necessity Of reSortiny to unusual
methods of cultivation. such IL, the Sys-
TEN commonly known as dry farming"
and for which there is no known source
of water supply from which such land
may be successfully irrigated ut rca-
sonablc cost.
IIlnInfnIl n MT ,,,{
able timber. mineral lands, and land
within reclamation project or land
which may he irrigated ut Il reasonable
cost from any known sources of water
supply. may not be entered under this
act. Minor portions of a legal ,ublivi-
sion susceptible Of irri CATION from natur-
al sources. as, for instance. a spring.
will not exclude such subdivision from
entry under this act. provided however,
that no entry shall embrace in the az
gregate more than ~ acres Of such ir-
gable lands.
OF LANDS ApPLIC !ATlO\S TO EN-
TER
?. From time to time lists deSignat-
ing the lands which are subject to entry
under this act will be sent you. and i'm
mediately upon receipt Of such lists you
will note upon the tract books opposite
the tracts so designated. "Dcsi.n,trl,
act February ~, 1900" Until such lists
have been received in your office. no ap.
plications to enter should liz received
and no entries allowed under this act.
but after the receipt Of such lists it will
he competent for you to dispose of the
applications for public lands embraced
therein under the provisions of this act.
in like manner as other applications for
public lands. without first submitting
them to the general land office for con.
sid"ration.
COMPREHENSIVE
;. Lands entered under this act must
be in reasonably compact form, and
in no event exceed one and half
miles in length.
The act provides that the fees shall
he the same us those now required to
be paid under the homestead laws;
therefore, while the fees may not in any
one case exceed the ma ximum fec Of
$50, required under the general home
stead law. the commissions will be de-
termined by the area of land embraced
III the entry.
FORM OF APPLE ALTON.
4. Applications to enter must he sub
mitted upon affidavit. Form No. 4-OO}.
copy OF which is annexed hereto.
ADDITIONAL ENTRIES.
S. Section ; of the act provides that
any homestead cntryman of lands of the
character described in the first section
of the act upon which final proof has
not been made. may enter such other
lands. subject to the provisions of this
act. contiguous to the former entry,
which. shall not, together with the lands
embraced in the original entry. exceed
800 acres, and that residence upon and
cultivation of the original entry shall
be accepted as equivalent to residence
upon and cultivation of the additional
entry.
This section contcmplatcs that lands
heretofore entered may he classified or
designated by the secretary of the in
terror as falling within the provisions
of this act and an cntryman Of such
lands, who had not at the date Of the act
made final proof. may make such addi-
tional entry, provided he i. otherwise
qualified. Applicants for such addition
al entries must. Of course. tender the
! proper fees and commissions and must
make application and affidavit OH Form
No. 4-oOA. attached thereto. Entrymcn
who made final proof on the original en-
try prior to the date of the act are not
entitled to make additional entries I'M.
der this act.
| FINAL PROOFS ON ORIGINAL AND
ADDITIONAL ENTRlES-GOMMC
TArlON NOT ALLOWED.
4. Final proofs must be made Il, in
ordinary homestead eases. and in aldi-
ton I" the showing required of ordi-
nary homestead entrymen it must he
shown that at least onc-ciehth of the
area embraced in each entry has been
continuously cultivated to agricultural
crops other than native grasses. begin
ming with the second year of the entry.
and that ut least one fourth of the are,
embraced in the entry has been contn.
uously cultivated to agricultural crops
other than native grasses be.innin. with
the third year OF the entry and con.
timing to date of final proof