The Powder River County examiner and the Broadus independent. [volume] (Broadus, Mont.) 1919-1935, 1921-10-21

lowed by the local land office the en-.
tryman is given certain length OF
time n which to do the various acts
in compliance with the law. In the
case Of homestead entries he is given
five years from the date Of the entry,
he has -four. years, during which time
ne IL allowed to do as he pleases, free
from any Interference or surveillance
that he knows what the law requires
him to do. and that he is doing 1t, un-
less some evidence is produced to show
t ne ne H., Is not iyinE up to the isnw or
II. however, an entryman fails to
comply with the law. and some other
person wishes to file upon the land
which he Il holding, there is provisien
against the entry, and II he il able
to prove that the entryman is not
the entry cancelled. and will have the
| first right to file upon the land.
In order to protect an entryman
| against unwarranted cCntests, and to
give him every opportunity. to defend
laid down by the land department re-
garding the method of contesting an
entry; These rules are published in 2
any T. s. land office.
Usually the records of the land CT
flee do not show whether an entrynan
compliance with the law. whether he
left the country Immediately after fiji
Ing. or whether he. is dead or alive,
and for that reason it is necessary to
file regular contest in order tc, can
| Gel an entry. even If the entryman
never went near the land after he
IL n{SVn ,tsNps
trying to hold their land. yet by far
the greater majority of contests are
brought against entrymen who have
country. If the entryman does not
| make answer to the contest notice. or
| try to hold his land against the con-
test 1T is termed an me-, ex parte con, con,
| without the Formally of a hearing.
| providing the contestant shows that
| he has complied with all the require
| ments of the rules of practice as to
giving due notice. etc.
The first step in filing a contest is
| to make an affidavit and application
to contest. which must be filed in du-
and must he sworn to and ccrroborat-
davit the contestant must set forth
his . gr.";unds for contest. which must
| ton of the entry if proven. AS the
entryman is allowed six months in
which &C. establish residence on the
! against an entry on the grounds of
abandonment until six months have
elapsed after date Of allowance, but
If the contest is based upon the fact
that the eentryman was not qualified
| to make the entry. CIR that the entry
was fraudulent. then It is not neces,
| sary to wait for the six months period
to run. As the law allows absence
from the land for military service. for
/ farm labor. and for other purpc seH Il
is necessary. when bringing contest on
the ground Of aba ndonment to a1leEe
in the contest affidavit that entry
due to military service. etc. In other
| words. the contest AFFIDAVIT must charge
the entryman definitely with such vi
felt his right to the land il proven:
then. if after due notice he fails to
appear and disprove the charges, the
| statements of the contest affidavit
will be taken as true without further
proof
The affidavit of contest must be cor
| roborated by at least one witness 1.-TWO
| are usually used). and such witness
edge which facts tend to prove the
allegations Of the contest affidavit.
Witnesses must not swear that entry
| man has not complied with the law.
' statement q faet Il th h s sn1 nSs
for contest allege abandonment. then
| witnesses should not state that "entry-
man has abandoned the land" but may
land for more than six months last
past" or that 1.-The entryman has been
residing at Jimtown with his family
since making said entry" While the
lions Of the contest affidavit uncn in
formation and belief, the witnesses
must have personal knowledge of the
facts.