The Dickinson press., 1912-08-03
YEAR Law EXPLAINED
POINTS PEoRlEsWA TO KNOW

H0mestead" law questions have arisen
In the minds. OF. the homesteaders 10
this district as to. their rights under
this law and az to. the advisability Of
,-electing to perfect their entry under the
odd lave under the new law.
Through the: courtesy Of c. H. Starke.
+; formerly law, clerk. at the United States
land Office land mo practicing law at
Dickinson, we are,able to give the fol-
lowing opinion.
RESIDENCE
Under the Three Year Homestead
Law (Act 'June,6. 1919 the period
of residence required to be shown in
order to entitle. an entryman to patent
is reduced from;five: to three years, and
the period within which an entry must
be completed is reduced from seven
to five years.
The period Of. residence begins with
the establishment of actual residence
upon the land.
Six months from the date of entry is
allowed for the establishment of resi-
'dence upon the land, but credit will
not be given on final proof for the time
which may elapse between the date of
entry and that of establishing actual
; residence upon the land.
After the establishment of residence
the entryman is permitted to be absent
for a period not exceeding five months
in any n year. In order to avail
himself of this privilege it is only
necessary for the entryman to file no.
tice in the local land Office of the be-
ginning of such leave and at the expir-
alton OF such absence he must file no.
'tice of its termination. It is only those
absences for which notice has been
given as required by the Act. which
the Department will respect on final
proof or in case of contest.
This does not mean that the entry-
mar may not absent himself from his
claim for short periods on business,
etc., as heretofore; so long as such
absences are not p~rotracted. and the
, reason for them is consistent with the
good faith of the entryman, it is not
thought that the Department will look
upon them as breaking the continuity of
the residence; however, in view of the
sliberality with which the new law deals
with the homesteader il is my opinion
that the Department will exact a rigid
compliance with the requirements of
the law. and will require that bona
nd continuous residence. during the
period not covered by leave of absence.
be shown. s
CULTIVATION
While reducing the period of residence
required of homesteaders Congress, BY
sthis Act. laid Observation-Disclosures
as to cultivation, which in effect are
more rigorous than the requirements of
the old law.
The amount of cultivation in order to
make satisfactory proof under the new
act, has been fixed at one sixteenth
~sbeeinning with the second year of the
entry and one eighth the following
year and each year thereafter until
proof is made.
Under the law the period within
which cultivation should be made is
Afeckoned from the date of the entry,
rather than from the date of establish
ind roaidonco
In an opinion given July IS, 1912
the Secretary of the Interior says:
I'm view of the liberal reduction in
the period of residence making. it ia
possible to secure title in three wears,
which would require q showing of but
two years cultivation of one sixteenth
of the area entered, and an additional
OF sixteenth for but one year q mere
breaking of the soil will not meet the
terms of the statute, but such breaking
OF stirring of the soil must also be ac-
companied by planting or sowing of
seed and tillaRe for q crop other than
native Grasses."
The Secretary of the Interior is. au-
thofized to reduce this requirement as
to cultivation upon q satisfactory show
ing. 1t is. thought that a reduction will
seldom be allowed except In cases
where the character of the land is such
that the required amount could not rea-
sonably be cultivated.
ELECTION TO MAKE PROOF UNDER
THE Law
Rv4a nrnvian ~ fhisr sar+ -.