LANDS HOMESTEAD DECISIONS. 51 



even when unaccompanied by a sufficient charge of nonresidence. 

 (Norton v. Ackley, 29 L. D., 561.) 



Under the three-year homestead law a mere breaking of the soil 

 will not meet the terms of the statute, but such breaking or stirring 

 of the soil must also be accompanied by planting or the sowing of 

 seed and tillage for a crop other than native grasses. Circular of 

 July 15, 1912 (41 L. D., 103, 105). 



The homestead law " requires not only bona fide residence upon the 

 land, but actual cultivation. Claimant's cultivation is grossly inade- 

 quate to meet the requirements of the law, and in its inadequacy casts 

 further doubt upon the bona fides of the residence. The cutting of 

 wild hay from a homestead entry can not be considered seriously as 

 cultivation of the land. This is particularly true when the part of 

 the land from which the hay was not cut has not been used for graz- 

 ing purposes; and also when the total cultivation during the life 

 of the entry amounts to not more than half an acre planted to crops 

 and an additional acre plowed. A pretense of cultivation can not 

 satisfv the requirements of the law any more than a pretense of resi- 

 dence?' (Ingelev J. Glomset, 36 L. D., 255.) 



The use of land for the raising of hogs is an agricultural use, and 

 where the land is better adapted to that use than tillage of the soil, 

 meets the requirements of the homestead law with respect to culti- 

 vation. (George Hathaway, 38 L. D., 33, syllabus.) 



Cultivation must be continuous from date of entry. (Hon v. Mar- 

 tinas,41L. D., 119.) 



One who makes homestead entry of land subject and generally 

 known to be subject to climatic or other conditions making compli- 

 ance with the requirements of the law more or less difficult, takes 

 upon himself a burden commensurate with such conditions; and so 

 long as he retains the entry he must comply with what the law re- 

 quires in the matter of residence, improvement and cultivation. 

 (Fred H. Parker, 42 L. D., 96.) 



Summer fallowing can not be accepted as the equivalent of culti- 

 vation under the homestead laws. (Matthew L. Kagle, 41 L. D., 

 531.) 



Merely remaining upon public land without bona fide cultivation 

 and reasonably diligent effort in the way of improvement is not 

 the maintenance of such a settlement as the law contemplates shall 

 reserve a tract from other appropriation — especially at the hands of 

 a prior claimant who makes first application to enter the same. 

 (Stephenson v. Pashgian, 42 L. D., 113.) 



Where a claimant for a tract of public land appeals to the letter of 

 the law as against an adverse claimant, he must himself stand or fall 

 by the letter of the statute. (Id.) 



The planting and care of fruit trees, in the development of a 

 fruit farm, is cultivation to agricultural crops within the contem- 

 plation and purview of both the general homestead law and the three- 

 year homestead act of June 6, 1912. (Ferdinand J. Clifford, 42 

 L. D., 535.) 



Planting a crop with no expectation or intention of securing a 

 return therefrom is not compliance with the homestead law in the 

 matter of cultivation. (Reas v. Ludlow, 22 L. D., 205.) 



