The Washburn leader. [volume] (Washburn, McLean County, N.D.) 1890-1986, 1912-07-19
The Full Text Of
Three Year Law
Communication Can Still be Made at
the End Of Fourteen Months
Actual Residence


of representatives of the United States
of America in Congress assembled.
That section 2291 and section 2297 of
the revised statutes of the United
States be amended to read as follows:
-"Sec. 2291. No certificate, however,
shall be given or patent issued 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 q
widow making such entry her heirs or
devisee, in case of her death, proves by
himself and by two credible witnesses
that he, she or they have a suitable
house upon the land and have actually
resided upon and cultivated the same
for term Of three years succeeding
the time of filing the affidavit that no
part of such land has been alienated,
except as provided in Section 2288, and
that he, she or they will bear true al
legiance 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: Provided, That upon filing in the
local land office notice of the beginning
of such absence, the entryman shall be
entitled to a continuous leave of abb
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 citizen
of the United States: Provided, that
when the person making entry. dies be-
fore the offer of the final proof those
succeeding to the entry must show
that the entryman had complied with
the law in all respects to the date of
his death and that they since complied
with the law in all respects, as would
have been required of the entryman
had he lived, excepting that they are
relieved from any requirement of resi-
dence upon the land; Provided further,
That the entryman shall, in order to
comply with the requirements Of culti-
vation herein provided for, cultivate
not less that one sixteenth of the area
of his entry, beginning with the second
year Of his entry, and not less than
one-eighth beginning with the third
year of the entry, and until final proof,
except that in case of entries under
section six Of the enlarged homestead
law double the area of cultivation
herein provided shall be required, but
the secretary Of the interior may, upon
q satisfactory showing, under rules and
regulations prescribed by him, reduce
the required area Of cultivation: Pro-
vided, That the above provision as to
cultivation shall not apply to.entries
under the act Of April %, 1904, COM
monty known as the Kinkaid act, or
entries under the act Of June II, 1902,
commonly known as the reclamation
act and that the provisions of this sec
ton relative to the homestead period
shall apply to all unprotected entries Is
well as entries hereafter made upon
which residence is required: Provided,
that the secretary Of tie interior shall,
within. 60 days after the passage Of this
act send q copy Of the same to each
homestead entryman Of record who
may be affected thereby, by ordinary
mail to his last known address,, and any
such entryman may ~ giving; notice
I20 days after the passage Of this act,
BY registered letter to the register and
receiver. Of the local land Office, elect
to make proof upon his entry under the
law under which the same was made
without regard to the provisions Of this
Section 2,297. IL, at any time after
the filing Of the affidavit as required in
section 229O and before the expiration
Of the three years mentioned in section