The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1912-08-19
NEW HOMESTEAD
LAW EXPLAINED
Dickinson Attorney Tells
What People Want to
Know of 3-year Law.

Napoleon, y. y. Aug. 13.--With the
pasaE, IF the three year homcstchd'
law questions have arisen i'll the
minds of the homcsteadcrs in this dis
trict as to their rights under this law
and as TO tho. ACCESSIBILITY of clecting
to perfect their entry under the old
law or under h new law.
Residence.
Under the "thrr" year homestead
law" (art June 8. 1922 the period of
Residence required to be shown in or
der to entiilc an entryman To patent
is reduced from five to three years.
and the period within which an en-
try must be completed is reduced
from seven to fix" 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
residence upon the land. but credit
viii not h" given on final proof for
the time which may clapsc between
tn. date of entry and that of estab-
fishing actual residence upon the
land.
After the establishment Of resi-
lnnon the entryman is permitted to
l,e absent for n period not exceeding
i've months in any n year. In
order to avail himself of this priv
lcgc 1t is only necessary for the en-
TRUMAN to file notice in the local land
office of the beginning of such leave,
and at the expiration of such absence
h" must file no " "f its termination.
1t 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 tho en-
tryman may not absent himself from
his claim for shor periods on bust
ness, etc, as heretofore: so long as
such absences are not ~prntractcd, and
the reason for them is consistent with
tho good faith of the cntryman, it is
not thought hat tn" department will
look upon them as breaking the con-
tinuity of the residence; however, in
view of the liberality with which the
new law deals with h honcsteader
it is my opinion that the department
will exact a rigid compliance with
the requirements of the law and will
require that bona tide continuous
residence. during the period not COW
cred by leave of absence, be shown.
Cultivation.
While reducing the period of resi-
dcnce required of homestcaders con-
eress, by this act. laid down certain
require men1s as to cultivation, which
in effect arc more rigorous than the
requirements of the old law.
The amount of cultivation i'm ordor
to mako satisfactory proof under the
new act. has heen fixed at one-siy-
tecnth beginning with the second
year of the entry n one-eight the
following year and each year there
after until proof is made.
Under the law the period within
which cultivation should be made is
rcckoncd from the dat. of entry.
rather than from the date of cstab-
fishing residence.
In an opinion given .Julv Ia 1912
the secretary of the interior saws.
I'm view of the. liberal rnd1,ction
in the period of residence making il
possible TO secure ,itln i'm three Years
which would rco,1irn a showing of
hut two wears cultivation of onn-six-
t.onth of the area entered and an nd
di,ional o~ne-sixteent for hut ono
year. a mere breaking Of the sol, will
not meet the terms of tho sta,n,e,
lut such hraaking or st;,r;,o of ~
soil ,,ust also he accon,nan;oa h,,
planting O owin of seed and I'M, 90
for Tho cron thor ,b,n ,ativa ,rassas
The secretary of the INTERIOR &c an.
,horizcd to reduce This ren,,iremnn+
as to cultivation unon a satisfactory
showing II is thonpb- tbat . rad,no
tjon will seldom, no ,1lou.ad axron,
in cases where tba cbar,ntar of AZ
land is s,,ch +b,+ ,ha ,oa,;.a,
could NOT reasonah1v no crltiyatad
Election IN Mako proos I-,,1o. ~.
Non. TI,v. ~
BY a nroviso 70 This act ont,,ua
who made antrv nrior 70 its nassaaa
that is nr;or 70 g ,oio as'aes
n,i,ted IA e1oc+ y,h.thar tha, LII,
mako nroof under tba "o1d" ,,r 49,
under tho "naw" throe ya,r lou,
AT present the local i,nd oaica ,s
sending 70 each cntrv,nan ,nnn &C
records a blank form, olac,ion "
40 attention need bn MID r., +b;s
election nv those who arc IN , nosi-
tinn to and Who deceive 60 49,
under rho throa-year Law
Those %entrvnen who arc NOT i, =,
position TO make nroof ,rdar w.
new law or who for anv raason az
sire 70 make nroof und.r ~ -nId ~
wear law should nav narticu1.r at+nn-
tion to This olection fa,t,,ro
Unless such elcction ~ n, ~
,ndcr ,ho law nndnr ,.tioh ~ lt...
,... g, ~
an or beforo ontohar 1913 q ~.
In nros,,mod ,b.+ vow ~ ~,
IA cn,,nI.ta ,,o,,r a, an .a.
three year Law, and ,ho naron NV"