Elk City mining news. (Elk City, Idaho) 1903-1913, 1912-06-27
WILL BE OF GREAT Benefit
To new SETTLERS OF THE
WESTERN STATES.
While Five Months Leave Is Granted,
Proof Can Be Made in Three Years
Consolidated - Commissioner Given
Liberty to Judge in Many Gases.


passed by the senate and house. The
bill as finally passed is a consolidation
of the ones submitted by Senators
Borah and Jones.
The new rule now makes it possible
for homesteaders to prove up on their
claims in three years, instead of five,
as heretofore. Following is the bill
complete:
Be it enacted by the senate and house
of representatives of the United States
of America in congress assembled. That
section twenty-five hundred and ninety
seven of the revised statutes of the
United States be amended to read as
follows:
"Section 1921. No certificate, how
ever, shall be given or patent issues
therefor until the expiration of three
years from the date of such entry; and
if at the expiration of such time, or at
any time within two years thereafter,
the person making such entry, or if 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
or devisee, in case of her death, proves
by himself and by two credible wit
nesses that he, she, or they have hab-
liable house upon the land and have
actually resided upon and cultivated the
same for the term of three years sue
ceeding the time of fling the affidavit,
and makes affidavit that no part of such
land has been alienated, except as pro-
vided in section twenty-five hundred
and lightweight, and that he, she, or
they will bear true allegiance to the
government of the United States, then
in such case, he, she or they, if at that
time citizens of the United States, shall
be entitled to a patent, as in other
cases provided by law:
Give Five Months Leave.
Provided, that upon filing in the
local land office notice of the beginning
of such absence, the entryman shall be
entitled to continuous leave of alb
sence from the land for a period not
exceeding five months in each year
after establishing residence, and upon
the termination of such absence the
entryman shall file notice of such
termination in the local land Office, but
in case of Communication the IA months
actual residence as now required by
law must be shown, and the person
committing must be at the time citi-
zen of the United States.
Provided, that when the person max
ing entry dies before the offer Of final
proof those succeeding to the entry
must show that the entryman had com
piled with the law in all respects to the
date of his death and that they have
since complied with the law in all re
spects, as would have been required
of the entryman had he lived, except
ing that they are relieved from any re
uuirement of residence upon the land
Rules on Cultivation.
Provided further, that the entrymar
shall, in order to comply with the re
ouirements of cultivation herein pro
vided for, cultivate not less than one
sixteenth of the area of his entry, be
ginning with the second year OF thu
entry, and not less than one-eighth, be
ginning Will tho 1hiiN JoAA Va
entry, and until final proof, except tina
in the case of entries under section ST
of the enlarged homestead law doubl
are area of cultivation herein provided
shall be required, but the secretary o
the interior may, upon a satisfactor,
showing, under rules and regulation
prescribed by him, reduce the requires
area of cultivation.
Provided, That the above provision
as to cultivation shall not apply to en-
tries under the act of April %, 1901
commonly known as the Kinkaid act
or entries under the act of June IL
1902, commonly known as the Reclama
ton act and that the provisions of thi
section relative to the homestead perio
shall apply to all unprotected entire
as well as entries hereafter made upo
which residence is required; provided
that the secretary of the interior shall
within 60 days after the passage G
this act, send copy of the same
each homestead entryman of record VIII
NAV be affected thereby by ordinar
mail to his last known address, and an
such entryman may, by giving motto
within 100 days after the passage
this act, by registered letter to the rel
lister and receiver of the local lar
Office, elect to make proof upon h