The Blackfoot optimist. [volume] (Blackfoot, Idaho) 1907-1918, 1911-09-07


Member Of the Eastern Idaho Press
Association
Optimist Publishing Company. Ltd.
KARL p. BROWN. Manager.
INSTRUCTIONS RELATING TO
CONSTRUCTIVE RESIDENCE.
Department OF the interior, General
L2md Office, Washington, D. c., Aug
ssH Is. 1911.
Registers and Receivers, United
States Land Offices.
Genhhemnn: Below is quoted the
instructions dAted August 4,1911, from
the Acting Secretary Of the interior.
in regard 1o constructive residence
the first six months of entries:
IA the matter of proof submitted
under the homestead law, it seems
THAT "a practice has existed according
do entrymen, where. residence is be-
gun wihhdn six months following the
date OF THE entry, credit for resi-
tdemce beginning with the date of en-
try. The result is that where R party
takes UP an actual residence just at
the expdr-aiOn OF the six months fol-
lowing tine making Of his entry, he
is ACCORDED constructive residence
for the intervening six ml~l.ths and is
THUS permitted to secure. title ON
proof OF residence for a period of kn-
ly foMr years smd six months.
There is clearly no statutory autht &
kty recognizing the period cf lcon-
structive residence referred IT, On
tho csontrLry ethe statute is specific
in requiring tive years residence. BY
section 1921 OF the Revised Statutes
1t VA provided that
"NO certificate, however,, shall he
given, or pLoent issued therefor, I'm
tdl the expiration ct five years from
the date OF such entry; and il at the
eNpiTGta-L IL Ul such time, Dr ut any
time within two years thereafter, the
person making suCn entry; or it INC
be dead. This widow; Cur I'M case OF
her dd-Ilh, lois, heirs or 0evisee; tr
in case OF widow making such en-
cry, her heirs or devisee, in case Uf
her deuuhs proves by two credible
witnesses tnat he, she, or They nave
1k1J4~tyu upon or cultivated tine same
for the term OF rive years lmmeurave-
ny succeeding tine tune OF ti4Ik lJn.,
tine affidavit, LIMO makes aftiuavM thi-I
no part OF such land his been aIne u
tSueu, except aus provlueA in sectiLn
tWQALy-CWU lhunOrcd ana eighty-elSht,
and dnaIt he, Sne Dr uney Wuil bej u
true, aIueglalpce to tna uovernm4 ll OF
tine UMuted Stats; Ulpen, In sau>m
case, he, sine, or Lney, II at unat time
clulze'nS OF une unuued slu-loes, sned-l
Ue entuu1dJ 10 pa0ent, as, In Odner
cases pELviu,'d by law INIT tine
PROOF W. residence, CccupaWon, or cul
GlvkNLlOn, une aIlnutlvM vi nUnatliel "a,
ton, lind tine OATH CT allegiance, re-
CURED EO IDe maue by section twenty.
Two hundred and nlnetyAne Ll The
REVISED S.alut IS, M " be made be
here the Juuee, OF i'll Ills abseuNe, be
tore the cporK, OF amy cOu1d or recouC
OIL the c'-lunty .i.Id io'Laue, er dlscrc
and territory, in which the .anus are
s4ouated; aud II ST. tu IanHs ar. slyuiut
eu in amy unorsalLzed cOu-tly, sucl
proof may be m-ide i'm a Sulmu1ar man
ner i'm amy adjacent county in H-lt
State cT lerrNtCry; ana tine pr. OF arr
davrt, and OaJn, Wlnen s.i III. lie, ant
duly suDscrlbehL shall have the sam,
n~r,ce and effect as III mi Idle before til
register or receiver or the prope
val h-dlstrlct; and the same shall b
WAns mItted by such judge. or un
clerk OF his court, to the regisbe
and the receiver, with the fee LLI
changes aIa-lwed NY law to hum; am
the reSasuer and tue receiver snail b
enunc1eu to the s. me tees t-r exam
A4hg and approving said testimon
as are now Laiowed by law for TAXI.
tine same. Inat ii any witness NAL
ing SMch proof, or the S. 90 appncal
making such a1liohvit or ksath .sswc. Il
SSJIseiy as 10 any maternal MATTE
"oLlj-u.-ed in said prl-f, affidavits, {
Uafhs, the sard false swa rlng bein
wis-Nul and corrupt, ne shall be deer
cd guilty Oh perjury, aid shaiu be- lii
Die to the same pains and penaltit
as Ii he had swonI L. ltsaly before uh
register"
Hereunder homestead clai
o.Mld emily be initi.ited by entry, an
as a consequence, it is provided TIN;
no pRIbdRE shall issue until the expi
ENion Of five years from date OF rt
entry, and therein it is also plaiin
required THAT the p~rty seeking
secure patent small prove residens
for the term IL five years.