The Idaho Republican. [volume] (Blackfoot, Idaho) 1904-1932, 1911-09-08
IMPORTANT TO HoMEsTEApERs
Instructions Relating to Constructive
Residence

August IS, 1911.
Registers and Receivers Unite
States Land Offices.
Gentlemen:-Below is quoted tb
instructions dated August a, 1911
from the Acting Secretary of the In
terror, in regard to constructive resi-
dence during the first six months O
entries.
In the matter of proofs submitted
under the homestead law, 1t seem,
thaht a practice has existed accord
ing to entrymen, where residence IL
begun within six months followine
the date Of entry, credit for residence
beginning with the date of the entry.
The result is that where a party
taxes up an a'tual residence just at
the expiration of the six months fol-
lowing the making of his entry, he is
accorded constructive residence for
the intervening six months and Ia
thus permitted to secure title on proof
OF residence for a period of only four
years and six months.
There is clearly no statutory auth
ority recognizing the period of con-
structive residence referred to On
the contrary, the statute is specific in
requiring five years residence. Bv
section 1921 of the Revised Statutes
II is provided that
No certificate, however. shall he
given, or patent issued therefor until
the expiration of five years from the
date OF such entry; and If at the ex-
piration of such time, or at any time
within two years thereafter, the per-
son making such entry; or if he be
dead, his widow; or in case of her
death, his heirs or devisee; or in case
OF widow making such entry. her
he1rs, or devisee, in case of her death
proves by two credible witnesses that
me- she, or they have resided upon
or cultivated the same for the term
OF nve years Immediately succeeding
the time of filing the affidavit and
makes affidavit that no part of such
land has been alienated, except as
provided in section 1880, and that he
she or they will bear true allegiance
% the government of the United
'tates; then, in such case, he. she or
hey, II at that time citizens Of the
United States, shall be entitled to a
,atent, as In other cases provided nv
aw. That the proof of residence
occupation. or cultivation, the afidav-
or alienation, and the oath If
'ileglance, required to be made nv y
eectlon 1921 of the Revised Statutes
Jay De made before the judge, or in '
is absence, before the clerk, of anv =
ourt or record of the county and
'ate' or district and territory in "
INCH the lands are situated: and u 81
'id lands are situated in any unor- ~
anlzed county, such proof NAV he II
ade In similar manner in any ad- W
cent county in said state or terri 'ol
ry; and the proof, affidavit and VI
tn, when SO made, and duly sub- III
rioed' snail have the same force and
ect as If made before the register W.
receiver of the proper land-district.
q the same shall be transmitted nv 'i'
cn Judge, or the clerk of the coi,r+
the register and receiver, with the
and charges allowed by law to
n; and the register and the re-.
yer shall be entitled to the same eht
LOT examining and approving said "
timony as are now allowed by law ern
taking the same. That if any wit. chi
s making such proof. or the said Ger
meant making such AFFIDAVIT mr. pur
a. swears falsely to any materia, Sno
Ter contained in said proof, afr IAN
U.S. or oaths, the said false swear pan
being willful and corrupt, he shall ties
leemed guilty Of perjury, and shall tlcie
liable to the same pains and pen. ana
es as If he had sworn falsely be. man
the register" T
hereunder a homestead claim theF
9 only be initiated by entry. and tenn
consequence, it is provided that sp
atent shall issue until the expira- man
OF nve years from date of the en- Lake
and therein It is also n,a,n,v - trip.
60 that the party seeking to &C. II
patent shall prove residence for on Il
term Of fivo year. In Il
the third section of the net NJ, and
IA. 1880 (21 Stat. 141, a. brouI
provided: presi
nat any settler who has settled well I
40 shall hereafter settle, on any The
le public lands of the United of tit
>, whether surveyed or unsuryey- duties
ith the intention of claiming tho more