Deming graphic. (Deming, N.M.) 1903-1948, 1915-07-02


(i3) Cultivation Of the land for
a period Of three years is required,
and this must generally consist Of
actual breaking Of the soil, followed
by planting, sowing Of seed, and till
age for a crop other than native
grasses. However, tilling of the land.
or other appropriate treatment. for
the purpose Of conserving the mois-
turc with a view Of making profit
able crop the succeeding year, will be
deemed cultivation within the terms
Of the act without sowing of seed).
where that manner of cultivation is
necessary or generally followed in
the locality. During the second year.
not less than one sixteenth of the
area entered must be actually cult
waited, and during the third year, and
until final proof, cultivation of not
less than one eighth must be had.
These requirements are applicable to
all eases, without regard to the area
or location Of the entry. The period
of cultivation, like that Of residence.
may begin before the allowance Of
the application for relief; credit for
all cultivation, If in accordance with
the provisions of the three year
homestead law, will be allowed. with
out regard to the time when it was
performed.
Entries in Utah and Idaho
tl4) II the entry is situated in
the states Of Utah and Idaho, and
the lands involved have been. or shall
b., designated as being Of the char
actcr subject to entry under the sixth
sections of the acts of February 10.
1909 (35 Stat. 639), rs amended.
or June IL. 1910 (36 Stat. 531). re.
spectively, the eniryman may avail
himself of the privileges of these see
tions, upon proper showing of the
raracter of te land, rs required of
u omestcad applicant Hereunder. In
which event residence need not be
maintained upon the land. but the
amount of cultivation required is
double that in ordinary eases and
must be shown during period of
four years. For further details, ref
4rence should be made to the IRREGULAR
of this Office known rs Suggestions
10 IIomesteaders, copies of which
NAV be obtained Of this office or any
local land office.
Rights of Heirs and Dcvisees
(l5) II an entryman dies before
being authorized to exercise the
rights conferred by the second and
third paragraphs. or after such au-
thorixation but before he has per-
fccted his entry. his rights will pass
10 those persons who would inherit
his lands according to the laws OF the
state wherein the entry is located. or,
il he leaves q will. to those to whom
he devises such rights. Applications
for the benefits Of the new law NAV
be filed, and proofs Hereunder may
he submitted either by one Of the
heirs in behalf of all, by guardian
of the heirs estate if they themselves
are minors, or by the entryman's
executor of administrator. acting un-
der the supervision of the proper
probate court.
The heirs or devisees will not be
required To settle or reside upon the
land. but must show that the land has
been cultivated and improved by
them. or on their behalf. as required
by the homestead law. for such per
iod as will, when added to the entry
mans period of compliance with the
law. aggregate the required term "i
three wears. II they desire To com
mute the entry, they must show Il
II months period of such residence
and cultivation on the part of them
selves or the entryman, or both, n
would have been required of him had
he survived.
With regard to the reduction Of the
required area of cultivation. the
same rules aud procedure will be fol-
lowed as in homestead eases.
(l6) The same fees. and no 9th
ers. may be charged by registers and
receivers upon submission of final
proofs under the new law as upon
submission of ordinary desert-lnnd
proofs. No commissions may be
charged under any circumstances,
and no testimony fees unless the
proof is taken at the land office.
Entries Perfect by Purchase
nO II claimant elects to perfect
his entry under the third paragraph.
he must. within five years from the
date of his election and payment Of
the sum Of 80 cents per acre. make
final proof and pay to the receiver
the further sum Of IS cents for each
acre of land embraced in his entry.
A. I.A