Williston graphic. (Williston, Williams County, N.D.) 1895-1919, 1912-08-22
NEW HOMESTEAD
LAW EXPLAINED
DICKINSON ATTORNEY TELLS
WHAT PEOPLE WANT TO
KNOW OF 3.YEAR LAW


WHAT PEOPLE WANT TO
KNOW OF s-YEAR LAW
Napoleon, N. D., Aug. l9.--With the
passage Of the "three year homestead
law questions have arisen in the
minds Of the homesteaders in this dis
trict as to their rights under this law
and as to the advisability of electlng
to perfect their entry under the "old"
law or under the "new" law.
Under the "three year homestead
law" (act June 6, 1912 the period OF
residence required to be shown in or
der to entitle an entryman to patent
is reduced from five to three years,
and the period within which an en-
try must be completed is reduced
from seven to five years
The period of residensc begins with
the establishment If actual residence
upon the land.
Six months froln the date of entry
is allowed for the establishment of
resid nee upon the land, hut credit
will! not be gi.c, on final proof for
the ,;me which may elapse between
the date of entry and that Of estab-
fishing actual residence upon the
land.
After the establishment of resi-
dence the entryman is permitted to
be absent for q period not exceeding
five months in any one year. In
order to avail himself of this privi-
lege it is only necessary for the en-
tryman to file notice in the local land
Office of the beginning Of such leave
and at the expiration of such absence
he must file notice of its termination.
1t is only those absences for which
notice has been given as required by
the act, which the department will
respect on final proof or in case OF
contest. ......
This does not mean that the en-
tryman may not absent himself from
his claim for short periods on busl-
ness, etc.. as heretofore; so long as
such absences are not protracted, and
the reason for them is consistent with
the good faith of the entryman, it is
not thought that the department will
look upon them as breaking the con-
tinuity of the residence; however, in
view of the liberality with which the
new law deals with the homesteader
it is my opinion that the department
will exact rigid compliance with
the requirements of the law and will
require that bona fide continuous
residence, during the period not COW
cred by leave of absence, be shown
While reducing the period of resi-
dence required of homesteaders con-
gress, by this act, laid down certain
requirements as to cultivation, which
in effect are more rigorous than the
requirements of the old law.
The amount of cultivation in order
to make satisfactory proof under the
new act, has been fixed at one-six-
teenth beginning with the second
year of the entry and one-eight the
following year and each year there
after until proof is made.
Under the law the period within
which cultivation should be made is
reckoned from the date Of entry,
rather than from the date of estab-
fishing residence.
In an opinion given July Is, 1912,
the secretary of the interior says:
"In view of the liberal reduction
in the period of residence making it
possible to secure title in three years,
which would require showing OF
but two years cultivation Of one-six-
teenth of the area entered, and an ad-
ditional one-sixteenth for but one
year, q mere breaking of the soil will
not meet the terms of the statute,
but such breaking or stirring of the
soil must also be accompanied by
planting or sowing Of seed and tillage
for the crop other than native grasses.
The secretary Of the interior is au-
thorized to reduce this requirement
as to cultivation upon satisfactory
showing. It is thought that q reduc-
ton will seldom be allowed except
in cases where the character OF the
land is such that the required amount
could not reasonably be cultivated.
By provision Of this act, entryman
who made entry prior to its passage,
that is prior to June 6, 1912, are per-
mitted to elect whether they will
make proof under the "old" law or
under the "new" three year law.
At present the local land office is