Weekly journal-miner., 1912-06-26
Homestead.

According 10 published depart mental instructions of August 2. 1911 GO L. D.. 256). the contest ant who established his residence and also filed his contest prior to September 24. 1910. and maintained h,s residence. may receive credit for the time he resided upon the land before the cancellation of entry. which he contested
 The sickness of an entryman may he accepted as sufficient excuse for occasional absences. not unduly pro longed.
 Citizenship of the United States is made an absolute prerequisite to the requirement of title to the lands under the homestead law and satis- factory evidence thereof must be shown.
 Purchase of land after final re- ceipt and prior to patent gives an equity only. Such person is not bona fide purchaser within the meaning of the Pre-Emption law and protected by the provisions of tha, act against further inquiry by the Land Department as to acts of cntrymen. Citing Hawley vs. Diller ll7S U. S.. E6).
 When purchase was made in good faith, and tho face of the record appeared regular and valid in all respects, the department will con sider the equitable rights of such purchaser.
 When leave of absence is grant cd a homestcader, charge of abandonment will not lie agains, the entry until the expiration of ( months after the time for which leave of absence was granted.
 Desert Lands.
 Entry of lands within the terri. tory designated in the Kineaid act which were. at date of entry, em. braced in a reclamation withdrawal as irrigible lands. which limited the right of entry to l6O acres. tho cntryman does not thereby exhaust his right under said act, but upon the revocation of the withdrawal would be entitled to enlarge hi, entry for contiguous lands to th, full area allowed by law. Affirm ing unreported case of Earle r Cunning. decided February 2l. 1911 The rule of determining the dcscr character of lands is substantial, as follows: Lands that one yea with another for a series of year will not without irrigation produce reasonably remunerative crops ar, desert within the meaning of tn law.
 A showing that crops, even remu nerative ones. have grown on land for a few seasons under unusua conditions as 10 rainfall. does no conclusively prove their non-deser character. Citing case of Peterso vs. Parkinson (1 l.. D., s22).
 Tn view of the act of June 2. 1910, an entry within reclamatio project may be assigned in whole c in part, subject to the limitation charges. terms and conditions the reclamation act" Public Ian can be disposed of only accordm to the plat of survey, in parcels n' smaller than the smallest leg subdivision" and Section 22S9, &, requires homestead entries be made 'in conformity to q legal subdivision of the publ lands"
 Inasmueh as the reclamation a limits the right of entry to o farm unit, an assignee must prese a showing that he has not acquir title to and is not claiming al other farm unit or entry under reclamation act Citing case
 Sarah S. Long (3o L. D., 2V).
 Although irrigation is not quired subsequent to final pro what has taken place and the a of the parties with respect to
 rigation, subsequent to such i' proof, may be considered as SO evidence of the sufficieney Of
 improvements and good faith
 inc matter.
 Final Proof.
 When communication proof is
 jeeted by the commissioner ui
 only one ground-such as lack
 cultivation---the case will not neS
 sariiy be closed, but the entry T
 be held intact subject to fu'
 compliance of law, upon pro