The searchlight. [volume] (Culbertson, Mont.) 1902-current, 1912-08-09
FINAL PROOFS
Care Necessary to Avoid Difficult
ty at Time Of Offering Evi.
dence Of Residence, etc.

Following is a synopsis Of the instructions
issued by the secretary Of the interior for
the administration Of the new three-year
homestead law:
I. Period of residence reduced from
FIVE to three years. to count from the time
actual residence is established. Proof must
be submitted within FIVE years OF date OF
entry.
q. Cultivation of not less than one-six-
teenth beginning the second year and no.
less than one-eight beginning with the
third year and until final proof. Mere
breaking is not sufficient: seed must be
planted in good faith. Grazing is not ac-
cepted except as to certain lands opened to
entry under special acts provided therefor.
a. Secretary will not reduce the required
area Of cultivation because Of any physical
or financial disabilities of the entryman.
but only where exaction Of the statutory
area is unreasonable on account OF peculiar
conditions of the soil: applicants for such
reduction must be made the first year on
forms furnished by local land Offices.
These applications are passed upon by the
commissioner, with right Of appeal to the
secretary.
a. Soldiers and sailors must reside on
entries one year before receiving credit Tor
service: must show cultivation OF not less
than one-eight for at least one year.
S. Entrymen cannot receive consider
alton from the commissioner OF applica.
tons to extend beyond the ordinary period
of six months the period allowed fer estab-
lishment Of residence. but the homeseekers s
rights will be adjucated when the ques-
tion is raised. Homesteaders must 90 IN
the land as soon as hindering cause is re-
moved.
6. Absence of FIVE months in each year
allowed, but continued residence as to the
other seven months must be shown. Two
FIVE. month periods of absence. although in
different years of the entry will not be
allowed six months absence renders entr,
subject to contest Extended periods OF alb
sence only respected. in final proof or con
tests, where notice of such absence hav'
been given, both at the beginning and re
turn. Former laws as to absence not re
Pealed.
?. Communication twhere it hithertofor
existed) not affected. except that en,rymaI
must be citizen Of the United States.
s. Where an entryman dies his widow
or legal successor may make up the ihre
year period. residence not being required
OF the widow or other heir and only cult
: walton is necessary. Proof of non-compli
, ance made against the entryman before hi
, death will cancel the entry. however.
O. Unless an application to make proc
under the old law is made on or befor'
Oct. a. IoI2. the entry becomes subject
the provisions of the new law the requires
+ residence is thus reduced to three years
= but specific cultivation requirements OF tn
new law must be shown. Proof must b
made within five years.
10. Any hardship resulting from tn
, above is eliminated by the ruling that on
having an entry under the old law ma
show cultivation Of required areas named i
the new Law for any two successive years
Other hardships possible to arise unde
failure to elect are to be adjudica,ed by th
E secretary Of the interior and attorney gen
: eral.
81 II. Where the price Of a tract is RI
quired to be paid. installmen,s falling b
yond the period Of residence required b
the new law, proofs may be submitted !
: in other cases but final certificate will NJ
4 issue until all installments are paid.
;, IL. Entries under Sec. 6 Of the enlarge
homestead (lands in Utah and Idaho) la,
must still be cultivated as before-on
eighth the second and fourth, one-fouri
p the third. fourth and fifth years. with sev'
years for final proof.
- Il. The new act applies to entri
under reclamation acts and to kinka
entries in Nebraska. except as to cultiv
. ton.
IS IA. Persons having entries made pri
e to June 6. 1871. are warned that it M
v not be to their advantage to have the
! entries adjudicated under the new la'
and are urged to carefully consider |,
matter. Desiring to submit proof und
d the laws under which their entries We
1t made. they must notify the local land offi
by registered mail before Oct. 4. I6I2.