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Show UNITED STATES LAND LAWS THE "RIOSJDKNCE YEAR" Tlio present homestead laws require re-quire three years actual residence on the land, but allow the entryman to he away from the land for five monthH during each year. Many people peo-ple get the Idea that the law requires 21 months' hlsidence, InBtoad of three years, because that Is the minimum mini-mum amount of time which must be spent on the land. However, that Is not the way It Is figured. In making final proof the claimant is asked when he established Jin. actual ac-tual residence on the land, then he is asked to give the dates when he was absent from the land. When the officers of the land office go over his proof to ascretain whether or not he hus complied with the law, they divide di-vide up the time into residence years," which begin with the date upon which he first established actual ac-tual residence on the land, and not with the date of his filing. For instance, in-stance, if a man filed on January 1, 1916. and moved on to the land April Apr-il 1, 1916, his first residence year would) be from April 1, 1916 to Mar. 31, 1917. His second residence year would be from April 1, 1917, to Mar. 31, 1918, to March 31, 1919. In order or-der to comply with the law he must show at least seven months actual residence during each of these resv dence years. If he resided on the land eleven months the first year, six months the second year and all of the third year he would have 29 months' residence, but he would have but six months' residence during the second year. He would still he one month short, and would have to make up that after the expiration of the third residence year The five months' absence is like the heavenly manna spoken of in the Bible. It must be used as It comes, but cannot be saved for future use. A man who resides on his land seven months and is ahsent for the other five has complied fully with the law. If he elects to stay there the whole twelve months that Is his privilege, but he has made but one year's residence resi-dence by so doing. Whether he lives there seven months or twelve, he can get credit for only a year's residence during any one residence year. As stated in Talk No. 1, final proof will be held premature if submitted before the expiration of the third res idence year, even though the entry-man entry-man can show seven months' residence resi-dence for the third residence year. In order to find how much time a soldier must live on his homestead it Is necessary to take each residence year by itself. It residence was ee-' ee-' tablished prior to his enlistment in the army, then the residence year Is counted the same as if he had not entered the army, but all the time he was in the army is counted the same as if he had been on the land. If he served for twelve months during dur-ing any one residence year It will count as only one year's residence. On the other hand, suppose that his residence year begins April 1, and he is absent from his land for the first five months of the residence year, then enlists in September and serves in the army for 14 consecutive months. He will have completed! the seven months required in the residence resi-dence year in which he enlisted and will also have made seven months for the next residence year, so he will really get credit for two years' residence by serving 14 months. If he serve 19 months instead of 14 he will have made an additional residence, res-idence, for he will merely be serving during the period when he might be off the land. If he should enlist at the beginning of his residence year and serve 12 months he would get credit for only one year's residence. If he served 14 months he would have completed one year's residence and two months on the second year. Where residence was not established establish-ed before being mustered into the army, then the residence year begins with the date of being mustered into the army, but those soldiers who file after being discharged from the army ar-my will take credit for their military service at the latter end of the residence resi-dence period, and their residence year will begin whenever they - tabllsh actual residence. If such soldier sol-dier served 19 months or more, then seven month's actual residence will be sufficient, but proof cannot bo submitted until the end of the residence resi-dence year. |