The silver state. [volume] (Winnemucca, Nev.) 1909-1925, 1914-02-05

Digest of important law points re-
Gently decided by the Secretary of the
Interior:
Homesteads.
Actual residence, as used in the
statute, precludes the allowance of so
called constructive residence other
than that specifically provided for in
the statute.
This applies to a homestead entry
man, who had established residence
upon his claim and thereafter is elect
cd to a Federal, state or county office,
and whose duties require him to be
absent.
Residence upon the land may be ex-
cused when the winters are severe
and snow falls to such depth that
nothing can be done upon the land
either by cultivation, improving or
keeping stock there. Under such con-
will be excused.
dence and the making of a home as
toHuitiOu W JlUlt uuueT
the homestead laws. Improvements
not comply with the law.
A prior Indian selection is in the
nature of a prior settlement claim.
When a homestead claim is in con-
flict with prior settlement claim
and the prior settlement be abandoned
before the rejection of the subse-
quent claim, the objection is removed
and the subsequent application or
claim attaches and may stand.
Willie cultivation is necessary to
show good faith on the part of the
homesteader, the cultivation thereof
necessary to demonstrate good faith
depends upon circumstances.
The mere act of marriage is no bar
to completion of a homestead entry
made by an unmarried woman. It is
only in cases where the entry-woman
is in default, whether by reason of
marriage or otherwise, that contest
will lie; when marriage does not cause
failure to perform the duties with
reference to homestead entry, the
entry cannot be successfully attacked
upon that gound
Under the maxim DE MINIMIS
NON CURET LEX, the ownership of
less than one acre in excess of 100
acres, will not be held a disqualified
tion to make homestead entry. Case
os Sorli VS.. Berg (40 L. d. 259)
OVERRULED.
When application is made for land
subject to appropriation by a party
qualified to make entry therefor and
the only informality in the execution
of the application or the form in
which the fees are rendered, the ap-
plicant is entitled, as a matter of
right, to reasonable opportunity to
amend his application or to tender the
fees and commissions, in cash, cur
rency, or postal money order, as re-
quired by the regulations.
When tracts in homestead entry
have been left contiguous by rea-
son of the elimination of portion of
the entry for good cause, patent may
issue for the remaining portion upon
confirmation by the Board of Equit-
able Adjudication. This rule particu-
larly applies to timber entry, when
no occupancy or cultivation of the
land is required.
Final Proof.
The leave of absence permitted un-
der the act of June 6, 1913, of FIVE
months each year, is upon the condi-
tion that the entryman actually re-
side upon the land during the remain
der of each year and that it shall be
continuous for a period of not less
than three years.
This dones not mean that he may
not be absent temporarily for brief
periods, for good and sufficient reas-
ons, such as obtaining supplies, mar
keting crops, etc, but does contem
plate that the absences must be of
such brief duration and infrequent oc-
currance as not to interrupt the SUBJ
stantial continuity.
Desert Land.
When settler upon unsurveyed
land dies prior to survey, having re-
sided upon and cultivated the land
claimed, for five years, his widow or
heirs are entitled to complete the
claim by the making of entry and
submission of proof.
A settlement upon unsurveyed land,
prior to second form withdrawal,
reclamation act, confers upon the
settler the right to perfect his claim
by entry and proof, to the full 160
acres claimed.
Tilling of the land or other appro-
pirate treatment for the purpose of
conserving the moisture with the view
of making profitable crop the sue
ceeding year will be deemed eultiva-
tion within the terms of the act,
where that manner of cultivation is
necessary or generally followed in
the locality.
The act of June 6, 1913, requiring
cultivation of one sixteenth and one
eighth for the second and third years,
respectively, does not apply to an en-
try under the reclamation act.
NOTE-These digests are COM
piled by William w. Wright, of the
/ District of Columbia bar