The Beaver herald. [volume] (Beaver, O.T. [Okla.]) 1895-1923, 1911-09-28
Instructions Relating TO Con-
structive Residence.

Land Office, Washington, d. 9.
In the matter of proof submitted
under the homestead law, II seems
that a practice has existed according to
cntrymen, where residence is begun
within six months following the date
OF the entry, credit for residence be-
ginning with the date of the entry.
The result is that where party takes
up an actual residence just at the ex-
piration OF the six months following
the making of his entry, he is accorded
constructive residence for the inter-
vening six months aud is thus permit
ted to secure title on proof OF residence
for period of only four years aud six
months.
There is clearly no statutory authori-
ty recognizing the period Of construc-
tive residence referred to. On the
contrary, the statute is specific in re-
quiring five years residence. BY sec
tion 229l of the Revised Statutes il il
provided that
mo certificate, however, shall be
given, or patent issued therefor, until
the expiration Of five years from the
date Of such entry and If at the expi-
ration of such time, or at any time
within two years thereafter, the per-
son making such entry or il he be
dead, his widow or in case of her
death, his heirs or devisee or in case
of a widow making such entry, her
heirs br devisee, in case Of her death>
proves by two credible witnesses that
he, she. or they have resided upon or
cultivated the same for the term OF
five 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 twenty-five hundred and
eighty eight, and that he, she or they
will bear true allegiance to the Gov
ernment OF the United States then, In
such case, he, she, or they, il at shat
time citizens of the United States,
shall be entitled to patent, as in other
cases OF law That the proof of resi-
dence, occupation, or cultivation, the
affidavit OF nonalienation, and the oath
OF allegiance, required to be made by
section twenty two hundred and
ninety-one OF the Revised Statutes.
may be made before the judge, or, in
his absence, before the clerk, of any
court OF record Of the county and State,
or district and territory, in which the
lands are situated and il such lands
are situated in any unorganized county,
such proof may be made in similar
manner in any adjacent county in said
State or Territory; and the proof,
affidavit, and oath, when so made, and
duly subscribed, shall have the same
force and effect as if made before the
register or receiver of the proper land
district and the same shall be trans
mitted by such judge, or the clerk of
his court, TO the register and the re-
ceiver, with the fee and charges allow
ed by law to him and the register and
the receiver shall be entitled to the
same fees for examining and approving
said testimony as are now allowed by
law for taking the same. That il any
witness making such proof, or the said
applicant making such affidavit or oath,
swears falsely as to any material mat
ter contained in said proof, atiidavits,
or oaths. the said false swearing being
willful and corrupt, he shall be deemed
guilty of perjury, and shall be liable to
the same pains and penalties as il he
had sworn falsely before the register"
Hereunder a homestead claim could
only be initiated 10y entry, and, as
consequence, IL is provided that no
patent shall issue until .5e expiration
Of five years from date of entry, and
therein it is also plainly required that
the party seeking to secure patent shall
prove residence for the term Of five
years.
BY the third section of the act OF
May II, 1850 (2l Stat, I'D, it was pro-
vided;
"That any settler who has settled, or
who shall hereafter settle, on any OF
the public lands of the United States
whether surveyed or unsurveyed, with
the intention OF claiming the same un-
der the homestead laws, shall lie allow
ed the same time to file his homestead |
application and perfect his original
entry in the United States land office
as is now allowed to settlers under the
laws to put their claims on
record, and his right shall relate back
to the date of settlement, the same as
il he settled under the preemption
laws"
BY this section for the first time the
entryman's right was made TO relate
back to the time Of his settlement. and
while party can now claim credit for
n period OF residence preceding the al