Bloomington herald. [volume] (Bloomington, I. T. [Iowa]) 1840-1849, 1841-10-22

of the United States, is entitled to the benefits
| of this act.
| No presumption right exists. by reason of a
settlement on and inhabitancy Of a tract, unless
at the date of such settlement the Indian title
! thereto had been extinguished, and the land
surveyed by the United States.
/ Land is NO, properly legally surveyed until
the surveys made by the deputies are approved
by the Surveyor General; but in accordance
with the spirit and intent Of the law, and for
the purpose of bringing the settler within its
provisions, the land is to be construed as sur
veyed when the requisite lines are run on the
! field, and the corners established by the depu-
| ty surveyor.
No assignments or transfers Of presumption
rights can be recognized. The patents must
issue TO the claimants, in whose names alone
all entries must be made.
Sund,y descriptions Of land aDlieh are exempted
from The operations Of This act:
LIST. Lands included in any reservation by
| any treaty, law, or proclamation Of the Presi-
dent of the United States, and lands reserved
| for saines or for other purposes.
| I'd. Lands reserved for the support Of
! schools.
3d. Lands acquired by either Of the twola
| treaties with the Miami tribe Of Indians in the
| State of Indiana, or which may be acquired of
| the Wyandot tribe Of Indians in the State OF
Ohio or other Indian reservation to which the
/ title has been or may be extinguished by the
United States at any time during the operation
| Of this act.
4ih. Sections Of land reserved to the United
| States, alternate to other sections granted to
| any of the States for the construction Of any
canal, railroad, or other public improvement.
XII, fvac of
ded within the limits Of any incorporated town.
9th Every portion ofthe public lands which
has been selected as site for city or town.
7.h. Every parcel or lot Of land actually set
tied and occup ied for the purposes Of trade, and
not agriculture.
Sth. All lands on which are situated any
known salines or mines.
Persons claiming the benefits of this act, are
required to file duplicate afhdasIts such as the
law requires. and to furnish proof by one or
more dsinteres,ed witnesses, to your entire sat
isfac,ion, of the fact necessary to establish the
three requisites pointed out IN the commence
ment of these instructions.
The witnesses are to be first duly sworn or
| affirmed to speak the truth, and the whole
| truth, touching the subject ofinquiry, by some
officer competent TO administer oath and affirm
alious and, if not too announcement by reason
| of distance of residence from your Office, or by
other good cause, must he examined by you,
| and The testimony reduced to writing In your
| presence, and signed by each witness, and GER
tfed bv the officer administering the oath or
affirmation, who must also join you to certify
as TO the responsibility and credit oil each wit
ness.
In case adverse claims shall be made to the
same tract, each claimant must be notined CT
! the time and place of taking testimony, and al
lowed the privilege OF cross-examlnln9 the OPP
posite Witnesses, and OF producing counter
proof. which should also be subject 10 cross
examination.
| When, by reason Of distance, or sickness or
iufrmi,y, the witness cannot come before you,
YOU are authorized TO receive their dispositions;
which mus, be, in all other respects, conform
able to the within regulations.
| Tire notice 10 adverse claimants should be
| in writing, and should be served in time to al
| low a, least day for every twenty miles the
| party may have TO travel, IN going TO the place
| of /, King evidence. The proof, in all cases,
should consist in simple detail OF facts mere
Nv, and not Of statements in broad or general
| terms. involving conclusions oflaw II Is your
| exclusive province To determine the legal con-
clusioas arising from the facts. For IN stance
witness should not be permitted TO state that
claimant is the '.head of a family NE, toll
lowinu the words of the law, but should Sc;
! forth the facts on which he grounds such allie
| cation because snch mode ct tesufylng snb-
s,ilutes the judgment Of the witness Tor yours,
and allows him not only to determine the facts,
but the law. A witness may possibly consci-
enliously testify that minor son living with
widowed mother, was the head Of the family;
and, in another case, similar IN point OF TACT
ano,he! witness, equally CONSCIENTIOUS might
testify that the widowed mother was the mead
| of the famiIy.-There cannot be unltortn con-
struc,ion given 10 the law, II II Is careleSiy
| left to the opinion of every witness. Iou-are
! therefore instructed not to receive as testimony
or proof, general statement. which emoodies,
! in peneral terms, the conclusions OF law, With
out stating the facts specifically.
The witnesses must state, II the pfe-esnptof
be The ..head of a family the facts which con-
sti,ute him such, whether husband hav1ng
wife and children, or a widower, or an unhiar-
red person under twenty years CT aye nav
lug family, either of relatives OF o'hefs De-
pending upon him, or hired PERSONS or slaves
All The facts respecting the settlement IN
person, inhabi,ancy or personal residence. the
time of CONNIE ncenent, the manner and extent
of continuance. as we'll as those showing the
apparent objects should be stated.
1t must be stated, that the claimant made
the settlement on the land in person; that ne
has erected dwelling upon the land that the
claiman, lived ia it, and made it his home, &C.
By this means, you will be enabled to deter
niue whether or not the requisites OF the law
| h,,o hoe, ,nlied with in any given case.