2H MONTANA 19H 



•of the establishment of actual residence, will not be recognized, as it was never con- 

 templated that an absence was permissible in excess of six months, in view of the 

 specific provisions for contest provided for in Section 2297 of the Revised Statutes. 

 There should be at least some substantial period of actual, continuous residence upon 

 the land separating the periods of absence accorded under the statute. Only those 

 protracted absences with respect to which notice has been given as required by the 

 statute will be respected either in case of contest or on final proof. This law does 

 not repeal or modify the acts of March 2, 1889 (25 Stat., 854), June 25, 1910 

 (3G Stat., 864), and April 30, 1912 (37 Stat., 105). 



Commutation. 



(11) The privilege of coniimiijtation after 14 months" actual residence, as here- 

 tofore required by law, is unaffected by this legislation, excepting that a person 

 commuting an entry subject to said act must be at the time a citizen of the United 

 States. Commutation proof can not, however, be made on entries under the enlarged- 

 homestead laws, the reclamation act, or on entries made under any other homestead 



-law which prohibits commutation. As a rule of administration it will be required 

 'that upon submission of commutation proof in support of an entry made subject to 



tlie act of June 6. 1912. the cultivation of not less than one-sixteenth of the area 

 ■embraced in the entry must be shown, that being the least amount of cultivation 



contemplated by congress in connection with entries made under said act, unless the 

 • area capable of cultivation has been shown to be less than that amount, and for 

 •that reason the specific requirement made by the statute has been reduced. 



Death of the Homestead Entryman. 



(12) Where the person making homestead entry dies before the offer of final 

 proof those succeeding to the entry in the order prescribed under the homestead 

 law, in order to complete such entry, must show that the entryman had complied 

 with the law in all respects to the date of his death and that they have since 

 complied with the law in all respects as would have been required of the entryman 

 had he lived, excepting that they are relieved from any requirement of residence 

 upon the land. It follows as a consequence that where the entryman; had not complied 

 with the law in all respects prior to his death the entry will be forfeited and, upon 

 proof thereof, such entry will be canceled. This will apply to all entries made under 

 ■the new law. 



Effect of New Law on Entries Made Prior Thereto. 



(13) An entryman whose entry was made prior to June 6, 1912, may avail him- 

 self of the provisions of Section 2291 as amended; however, if he desires to submit 

 proof in accordance with the law under which his entry was made he may do so 

 and need not have filed the election provided for in the last proviso to the amended 

 section, the necessity for such election having been abrogated by a provision in the 

 act making appropriations for sundry civil expenses of the Grovernment, approved 

 August 24, 1912 (37 Stat., 455), but he must, in his published notice, state the law 

 under which his proof is to be offered. Final proof under the^ new law must be made 

 ^within five years from date of entry. 



Under the act of March 4, 1913 (37 Stat., 912-925), a person qualified to make 

 homestead entry who, prior to June 6, 1912, settled upon unsurveyed lands subject 

 to such entry, and makes timely assertion of such settlement after the filing of 

 the plat of survey, may elect to perfect his entry under the act of June 6, 1912, or 

 under the law existing at the time settlement was initiated, notwithstanding that 

 •entry may be made after June 6, 1912. 



(14) It may be that such prior entryman can not show that he had cultivated 

 •one-sixteenth of the area embraced in his entry beginning with the second year of 



the entry and one-eighth beginning with the third year of the entry and until final 

 proof, although he may have had during the year preceding his offer of proof ont- 

 eighth or more of the area embraced in his entry under actual cultivation, and may 

 have cultivated one-sixteenth during the previous year, thus accomplishing the amount 

 of cultivation required as a general rule under the new law, but not in the order and 

 for the particular years required by that law. 



(15) Under the law the Secretary of the Interior is authorized to reduce the 

 required area of cultivation, and pursuant thereto has prescribed the following rule 

 to govern action on proof submitted under the new law where the homestead entry 

 was made prior to June G, 1912. 



Respecting cultivation necessary to be shown upon such an entry, in all cases 

 where, upon considering the whole record, the good faith of the entryman appears, 

 the proof will be acceptable if it shows cultivation of at least one-sixteenth for one 



— In Montana all is large, massive, impressive. 



