The Oroville weekly gazette. [volume] (Oroville, Wash.) 1905-19??, 1911-11-10
NEW HOMESTEAD RULING
SiX MONTHS CONSTRUCTIVE RES.
lDENCE No LONGER
ALLOWED.
FIVE YEARS ACTUAL RESIDENCE
Time Dates irem the Day the Entry.
man Moves Onto the
Land.


ers Was recently rendered BY the in
terror department aholishing the use
of constructive residence" in the Of
fering OF final five year proof 1t has
been the practice OF the department
in the past to allow homesteaders to
use this Constructive residence" in
making proof. requiring in fact but
four and half years actual residence
This so-called constructive resi-
denee" is the first six months after
initiating the filing. period allowed
the entryman in which to erect build
ings and move onto the land. Whether
the entryman lived on the homestead
during any part OF this period or not,
it has been the practice to allow him
to make proof five years after the date
of fling In fact, at one time this
constructive residence was allowed in
cases of Communication proof. but this
was discontinued five years ago and
the full II months actual residence
required. The recent decision says,
in effect that the entryman must show
at least five years actual residence
whether he takes advantage of the
first six motnhs' period or not. Fol-
lowing is the circular issued by the
department on the subject:
"In the matter of proof submitted
under the homestead law. II seems
that a practice has existed according
to entrymen. where residence is begun
within six months following the date
of the entry The result is that where
a party takes up an actual residence
lust at the expiration OF the six
months following the making OF his
entry. he j. accorded constructive
residence for the intervening six
months. and is thus permitted 10 Sc
cure title On proof Of residence for q
period OF only four years and SIN
months.
There is clearly no statutory au-
rhority recognizing the period OF con-
structive residence referred to. On the
contrary, the statute is psecttic in re-
ouiring five years residence Bv sec
rion 22gl OF the revised statutes it IS
provided that.
NO certificate. however shall be
given. or patent issued therefore, un-
ril the expiration OF five years from
the date OF such entry; and II at the
axtiration OF such time, or at any
rir,a within two years thereafter, tue
narson making such entry; or II he
he dead. his widow; or in case OF her
death. heir heirs or deyisee; or in
casa nj 4 widow making such entry
her heirs or devisee, in case OF her
death. proves by two credible WIZ
nesses that he she or they nave re-
sided upon and cultivated the same
for tha term OF five years Immediately
succeeding the time OF filing the am
dayit. and makes affidavit that no part
nj such land has been alIenated. eX-
cent as provided in section 22Ss. ana
mai ne. she or they will bear true al
lagiance to the government OF the
United States. then, in such case ne
sba or they, II at that time citizens
~ rho United States shall be entitled
tn a patent as in other cases PROVIDED
nv law That the proof Of residence
! occuDatiCn or cultivation. the aIhdaElt
/ y, nonalienation. and the oath or alIe-
( Glance. REQUIRED 10 be Hada DY sectlon
32a1 of he revised statutes may De
--ada before the Judge, or in his 40
/ senca before the clerk OF any court
/ NJ record OF the county and state. OF
/ district and territory. in when tne
/ Iands are situated; and II SAID lands
/ are situated in any unorganlzed colh-
~ such proof may be made in slilliaI
manner in any adjacent county in saId
- or territory. and the proof am
davit or oath, when so made. ana dul!
Subscribed. shall have the same toFce
end effect as ii made before the regis
e. or receiver OF the proper land dls'
t-ict. and the same shall be transmit
I'd bv such Judge, or the clerk OF MS
court 70 the register and the recelEel
(,,itb the fee and charges allowed oI
Iaw to him; and the register anu tn'
ra"aiyer shall be entitled TO the sans
faea for examining and approving sai'
.oe+irnonv as are now allowed BY law
Cor taking the same That II any VII
nass maKing such proof. or the sai'
annIicant making such afndavit o.
9Th swears falsely as to any materla
natter contained in said PROOF. am
da,,its or oaths. the said false swear
inc being willful and corrupt. ne sha!
he deemed guilty OF perjury, ana shal
be liable to the same pains ana penal
tics "a II he had sworn falsely befor
the register ,a o,o;-
"Thereunder homestead cla'l