Elmore County Republican. [volume] (Mountain Home, Idaho) 1910-1915, 1912-06-29
HOMESTEADER LAW

nature. This ends the fight of sew
eral years in victory for the home
steader and the agriculturists who
have been striving to obtain fall
land law that will enable the create,
settlement of the great west and, in
measure restrict the immigration
to other countries where homestead
laws appeal more to the settler.
An act to amend section twenty
two hundred and ninety-one aud sec.
ton twenty-five hundred and ninety.
seven OF the revised statues of the u
nited states relating to homesteads.
Be 1t enacted by the Senate and
House of Representatives OF the U.
nited States of America in Congress
assembled, Tha. s.c;lcn twenty-five
hundred and ni1ty,o one and section
twenty-five hundred ami ninet. seven
OF the Revised Sca-l,; Of the United
States be amended to read as follows:
SEC. 229l. No certificate, however
shall be given or patcnc issued there
for 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 after, the
person making sucn entry, or If he
be dead his widow, or IN case Of her
death his heirs or devis ~, IN case
of her death proves by hims,lf and
by two credible witnesses that he, 81 |
or they have habitable house upon
the land and have actually resided up
on and cultivated the same for the
term of three years succeeding the
time of filing affidavit, and makes
affidavit that no part of such land
has been alienated, except as provid-
ed in section twenty-five hundred and
eighty eight and that he, she, or
they will bear true allegiance to the
Government of the United States
hen in such case he, she, or they,
II at that time citizens of the Unit
ed States, shall be entitled to a pat
ent, as in other cases provided by
law; PROVIDED, That upon filing
in the local land office notice of the
beginning of such absence, the emit
ryman shall be entitled to a contin.
nous leave of absence from the land
for period not exceeding five months
in each year after establishing resi-
dence, and upon the termination of
such absence the entryman shall file
notice of such termination in the
local land office, but in case of COM
mutation the fourteen months actual
residence as now required by law
must be shown, and the person COM
muting must be at the time citizen
of the United States: PROVIDED,
That when person making an entry
dies before the offer of final proof
those succeeding to the entry must
show that the entryman had COM
piled with the law II all respects to
the date of his death and that they
have since complied with the law in
all respects, as would have been re-
CURED of the entryman had he lived,
excepting that they are relieved from
any requirement of residence upon
the land: PROVIDED FURTHER, that
the entryman shall, in order to CON-
ply with the requirements OF cult
walton herein provided for, cultivate
not less than one sixteenth of the
area of his entry, beginning with the
second year of his entry, and not les
than one eighth, beginning with the
third year of the entry and until fin
al proof, except that In the case OF
entries under section six of the en-
larged homestead law double the a.
rea Of cultivation herein provided
shall be required, but the Secretary
of the Interior may, upon satisfact-
DRY showing under rules and regula-
tons prescribed by him, reduce the
required area of cultivation: PRO-
VIDED, That the above provision as
to cultivation shall not apply to en-
tries under the act of April twenty
eighth, nineteen hundred and four,
commonly known as the Kinkaid act,
or entries under the act of June sew
enteenth, nineteen hundred and two,
commonly known as the reclamation
act, and that the provisions of this
section relative to the homestead
period shall apply to all unprotected
entries as well as entries hereafter
made upon which residence is requir-
ed. PROVIDED, That the Secretary
of the Interior shall, within sixty
days after the passage of this act,
send copy Of the same to each home
stead entryman Of record who may be
thereby, by ordinary mail
to his last known address, and any
such entryman may, by giving notice
within one hundred and twenty days
a fter the nassaPe Of this act nv re-