The Powder River County examiner and the Broadus independent. [volume] (Broadus, Mont.) 1919-1935, 1922-06-16

copyrighted 1891 BY Cola ". shep-
erd. Colony. Wyo.. ana published IN the
Powder River County Dxaminer thru
special arrangemenGJ
| When g tract Of land has been en-
tered under the homestead laws that
land IL Immediately set aside for the
use and benefit CT the entryman. and
unless the entry Is completed by final
proof, relinquished, or successful "
contested, 1t will remain in this state
for the length Of time necessary for
the entryman to comply with the law,
and for two years longer. before any
| action will be taken by the govern
ment looking to the cancellation Of the
! entry.
1t is not necessary for the entry
! man to file any showing that he 10 liv-
| ing on the land and complying with
the law, for 1t 10 taken for granted
that he is doing SO, unless there /
proof to the contrary. and no other
person will be allowed to file on the
land during the life Of the entry un-
less 1t is proved that the entryman is
not complying with the law.
During the life of the entry the land
belongs to he entryman to use as he
sees fit, but he cannot sell it, nor the
timber thereon. He may either use It
himself or rent it, or he may use part
and pay the balance. He may build
the necessary improvements and do
the blowing required with his own
hands, or he may hire it done. or he
may give the use of the land for a
given time in payment for the cul IT,
walton and improvements required by
the law He may enjoy the use of the
land to the exclusion Of all others ex-
cept the government. which means
that he may bring action in the courts
for trespass the same as If he owned
the land.
Under the old homestead law, as 1t
was before the rassage Of the three
year law (act Of June 6, 1922. FIVE
years. residence was required and the
entryman was given two years more
in which to- make proof. Thus the
statutory life of teh entry was seven
years, and it would be held intact for
that length of time unless some ac-
ton were taken to change its status.
At the end of the seven years the dis
trict land office was supposed to send
out a notice calling the attention Of
the entryman to the fact that the
statutory life Of his entry had ex-
submitted within sixty days the en-
try would be Cancelled. In the rush of
other business it frequently happened
that these notices were not sent out
for some time after the expiration of
the seven years.
After notice had been duly given.
If the entryman did not respond with
in the sixty days the matter was re-
ported to the general land Office in
Washington. and the entry was finally
Cancelled. but never until the entry
man was given every chance to make
proof If he intended to do sc.
The three-year homestead law re-
duced the residence period frdm five
to three years, and the period in
which proof may be made from sc ven
to five years. so now the statutory life
Of most homestead entries is five years
and If proof is not made within that
time the enryt may be Cancelled after
due notice as above described. How
ever. in some cases there are still en-
tries which may come under the cid
law. for those who settled upon un-
surveyed land prior to the passage of
the three-year law may complete their
entries under the law then in force
(now called the five year law) and
If they so elect. heir entries will run
for seven years from date of allow.
ance.
While the final proof is supposed to
be submitted within the statutory life
Of the entry. a provision Is made
whereby it may be submitted after
the expiration of the five or seven
years. providing teh entry has net
been cancelled. and in such cases the
] prof is passed upon by the BOARD Of
Equitable Adjudication" and IL found
| satisfactory the patent issues as usual
The statutory life of the entry be-
gins to run from the date on which
the entry is "allCwed." regardless Of
| when the appl ication was filed, md it
sometimes happens that the notice of
allowance does not issue for several
years after the application is made.
and the entryman may even have COM
pleted his residence and cultivation
| before ten entry is allowed, but he is
still allowed five years before he is
required to make proof. II an entry
man has fully complied with all the
try he may leave the land ebfore he
submits final proof but If he did so
and a contest were filed against his
| claim. it would be necessary for him
to prove his full compliance with the
law.
Mo0RHEA0