, 1841-11-20

amined by YOU, and the testimony reduced
to writing in your presence, and. signed by
each witness and certified by the officer adj
minIstering the oath or affirmation, who must
also join your certifying as to the respecta-
bilily and credit of each witness.
In case adverse claims shall be made to
the same tract, each claimant must be mott.
fled of the time and place Of taking testimo-
ny, and allowed the privilege of cross exam
lining the opposite witnesses, and Of produ-
cling counter proof, which shofAi ESQ be
subject to crosstexamination.
When, by reason of distance, sickness OF
infrmity, the witness cannot come before
you, you are authorized to receive their
dispositions; which must be, ia all other res.
poets, comfortable 10 the above acquisitions.
The notice to adverse claimants should be
in writing, and should be served in time TO
allow at least a day for every twenty miles
the party may have to travel, in going to
the place Of taking evidence. The proof. in
all cases, should consist of 4 simple detail of
facts merely, and not Of statements in broad
or general terms, involving conclusions of
law. 1t IS your exclusive province TO deter.
mine the legal conclusions arising from the
facts. For instance, a witness should not be
permitted to state that a cIaiman. is the
''head.of a family" DC, following the words
which he grounds such allegation; because
such a mode of testifying substitutes the
judgment of the witness for yours. and al
lows him not only to determine the facts. but
the law. A witness may possibly conscien-
tIousiy testify that a minor son living with n
widow mother, was the head of the family:
and IN another case. similar in point of fact,
another witness, equally conscientious. mioh,
testify. that the widowed mother was the
head Of the family. There cannot be a uni
form construction given 10 The law, if it i:
carelessly left 10 the opinion Of the witness
You are therefore instructed not 10 receive
as testimony Or proof a general statement
which embodles in general terms, the con.
illusions Of law, without stating The fact:
specially.
The witness must state. If the pre-emptol
be the "head of the family" the facts whic!
constitute him such. whether a husband hay.
ing Il wife and children or a widower, or an
unmarried person. under twenty-one years o.
age having a family, either of relatives oil
others depending upon him, or hired persons
or slaves.
All the facts respecting the settlement in
person, inhabitancy or personal residence
the time Of commencement, the manner and
extent of continuance, as well az those show
ing the apparent objects should be stated.
1t must be stated, that the claimant made
the settlement on the land in person: that he
has erected a dwelling upon the land; tina
the claimant lived in il, and made it his home
&c. BY this means you will be enabled t.
determine whether or not the requisites o
the law have been complied with in any civ
en- case. Should YOU decide against a claim
ant, who feel dissatisfied with such decision
flee thereon, you will forthwith forward al
the original papers touching said claim. and
brief report of vour reasons for rejecting it
and in the mean time will not permit TIL
land claimed to he entered or sold without ar
order from the Department.
The affidavit of the claimant in reference
to the fact of settlement, &c. need not be re
quired. 1t is. in no case, legal evidence OF
these points, and therefore should not form
part of the proof in reference thereto. TIL,
only affidavit required Of the claimant is tina
prescribed by the 18th section of the act
which is to be taken before the Register o
receiver.
No entry must be permitted until this al
fidavit is taken, Duplicates thereof must b.
signed by the claimant, and the fact of tn
oath being taken must be certified by tn
Register or Receiver administering it, on
f copy to be filed in your office, and the othe
to be transmitted to this office. Each entr
made by virtue Of this act must be designa
ted by marking on the margin Of your quar-
terly accounts, and monthly abstracts, oppc
site to the tract, the abbreviation "Pre'
1841," and Oh the face of the receipt and @
the certificate, "Pre-emption Act Of l84l."
You will continue, u~nbroken, the regula
series Of numbers, for receipts and certif
Gates. The original proof, affidavit and re
ceipt, must be filled with the certificate o
purchase, in each case; each paper being ap
propriately endorsed, and transmitted to Thu
office with your monthly abstract, which
must contain and show the aggregate o
lands sold and the purchase money, at the
foot of the abstract. Also a separate aggre
gate OF the lands sold, and the purchase mo
ney, under each Of the presumption acts BY
virtue Of which any entries in that month
may be made. No excuse can be allowed