§544. Conditions for issuance of patent
No patent shall issue for any lands entered under the provisions of this
Subpart until after the expiration of five years from the date of the entry. The
person making the entry, or in case of his death, his heirs or devisees shall be
entitled to a patent for the land so entered if, at the expiration of the five year
period or at any time within two years thereafter he proves by his own affidavit
and the affidavits of two credible witnesses, taken separately, that he has
resided upon and cultivated the land for the term of five years immediately
succeeding the date of entry, that no part of the land has been alienated or
encumbered except as provided in R.S. 41:543, and he has paid to the register
of the state land office a fee of five dollars. In case of the death of a
homesteader, it shall not be necessary for his widow or heirs to prove actual
residence upon the land after the date of death, but she shall show continuous
cultivation and improvement for the full period of five years from the date of
the entry.