Chapter 298. To provide for an enlarged homestead
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/statutes-at-large/vol-36/chapter-298-2268379·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
CHAP. 298.— An Act To provide for an enlarged homestead. June 17, 1910.[[S. 5167](/us/bill/61/s/5167).][[Public, No. 214](/us/pl/61/214).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That any person who is a Public lands. Enlarged homestead entries permitted of public lands in Idaho. Vol. 35, p. 639. qualified entryman under the homestead laws of the United States may enter, by legal subdivision, under the provisions of this Act, in the State of Idaho, three hundred and twenty acres or less of arid nonmineral, nonirrigable, unreserved, and unappropriated surveyed 532 public lands which do not contain merchantable timber, located in a reasonably compact body and not over one and one-half miles in *Proviso*.
Designation of nonirrigable lands. extreme length: *Provided*, That no lands shall be subject to entry under the provisions of this Act until the lands shall have been designated by the Secretary of the Interior as not being, in his opinion, susceptible of successful irrigation, at a reasonable cost, from any known source of water supply. Sec. 2. Applications, fees, etc. That any person applying to enter land under the provisions of this Act shall make and subscribe before the proper officer an affidavit as required by section twenty-two hundred and ninety of the [R.
S., sec. 2290, p. 420](/us/rs/s2290/p420). Revised Statutes, and in addition thereto shall make affidavit that the land sought to be entered is of the character described in section one of this Act, and shall pay the fees now required to be paid under the homestead laws. Sec. 3. Additions allowed incomplete homestead entries. That any homestead entryman of lands of the character herein described, upon which final proof has not been made, shall have the right to enter public lands, subject to the provisions of this Act, contiguous to his former entry, which shall not, together with the original entry, exceed three hundred and twenty acres, and residence upon and cultivation of the original entry shall be deemed as residence upon and cultivation of the additional entry.
Sec. 4. Proof of cultivation required. [R. S., sec. 2291, p. 420](/us/rs/s2291/p420). Additional. That at the time of making final proofs as provided in section twenty-two hundred and ninety-one of the Revised Statutes, the entryman under this Act shall, in addition to the proofs and affidavits required under said section, prove by two credible witnesses that at least one-eighth of the area embraced in his entry was continuously cultivated to agricultural crops other than native grasses beginning with the second year of the entry, and that at least one-fourth of the area embraced in the entry was so continuously cultivated beginning with the third year of the entry.
Sec. 5. Regular homestead entries not affected. That nothing herein contained shall be held to affect the right of a qualified entryman to make homestead entry in the State of [R. S., sec. 2289, p. 419](/us/rs/s2289/p419). Idaho under the provisions of section twenty-two hundred and eighty-nine of the Revised Statutes, but no person who has made entry under this Act shall be entitled to make homestead entry under the provisions No commutations. of said section, and no entry made under this Act shall be commuted.
Sec. 6. Lands without water for domestic use. That whenever the Secretary of the Interior shall find that any tracts of land in the State of Idaho subject to entry under this Act do not have upon them such a sufficient supply of water suitable for domestic purposes as would make continuous residence upon the lands Residence not required. possible, he may, in his discretion, designate such tracts of land, not to exceed in the aggregate three hundred and twenty thousand acres, and thereafter they shall be subject to entry under this Act without *Proviso*.
Cultivation to be made. the necessity of residence upon the land entered: *Provided*, That the entryman shall in good faith cultivate not less than one-eighth of the entire area of the entry during the second year, one-fourth during the third year, and one-half during the fourth and fifth years after the date of said entry, and that after six months from date of entry and until final proof the entryman shall reside not more than twenty miles Personal work. from said land and be engaged personally in preparing the soil for seed, seeding, cultivating, and harvesting crops upon the land during the usual seasons for such work unless prevented by sickness or other Leaves of absence. unavoidable cause.
Leave of absence from a residence established under this section may, however, be granted upon the same terms and conditions as are required of other homestead entrymen. Approved, June 17, 1910.