Deming graphic., 1912-06-28
Three Year Homestead Law
Fully Explained.

of the three year homestead law.
There will also be mailed blank
for the entryman to fill in and sign,
IT he desires to prove up under the
law under which his entry was orig
inally made.
Any homestead entryman whose
entry was made prior to June 6,
1912, will be allowed to prove up
under the old law, which requires
five years residence with a reasona-
bile amount of cultivation.
The law specifically requires that
any homestead entryman who elects
to prove up under the old law must
notify the Register and Receiver by
registered mail within l2O days af-
ter June 6, 1912.
All homestead entrymen who do
not give notice to the Register and
Receiver within the l2O days from
June 6, 1912. stating that they de-
sire to prove up under the old law.
will be required to prove up under
the provisions of the new law.
The new law commonly known as
the Three Year Homestead Act, diff.
fers materially from the old law,
the main points of difference being
as follows:
RESIDENCE.
Three years residence is required
instead of five. Entryman must
prove by himself and two credtable
witnesses that he has n habtable
house upon the land and has actually
resided upon the same for a term
of three years succeeding the time
of filing. Three years residence
required begins at the time actual
residence is established upon the
land and not at the time of filing.
CULTIVATION.
Cultivation of not less than Lie
of the area of the entry begining
with the second year of the entry,
and not less than Is of the area
beginning with third year of the en-
try and up to the final proof is re-
qured. This means that at least
ten acres must be cultivated the
second year and at least t wenty
acres must he cultivated be fore
proof can be made. on each 100
acre homestead.
LEAVE OF ABSENCE.
Upon filing in the local land office
notice. enirymen are allowed II
continuous leave of absence for Pc
riod of not exceeding five months in
each year. Notice of the termina-
tion of this leave of absence must
be- also filed in the land office. This
absence from the land must he con-
tinuuus and cannot be- taken at va
rious times during the year, Seven
months continuous residence ,ui of
each year is required.
ESTABLISHING RESIDENCE.
Residence must he established
within six months, as is the ease un-
der the old law. The Secretary of
the Interior is, however. given au-
thority to extend this time to twelve
months where there may bc climatic
reasons. sickness or other unavoida-
ble cause.
HEIRS.
There is no change in the law as
to heirs of deceased entrymen, they
heing acquired to fulfil all the re-
quirements of the law except that of
residence.
FINAL PROOFS UNDER THE LAW.
Any homestead entryman may
now make proof under the law who
can by himself and two creditable
witnesses prove the requirements of
the same, namely. the required resi-
dence and the required cultivation.
COMPUTATION.
There is no change in the old law
to commute. Fourteen months ac-
tual residence is required, and an
entryman in committing must show
that he is a citizen of the United
States. Under the old law commu-
tation proof could be made by an
alien who had declared his intention
to become citizen. Under the new