Boon's Lick times. [volume] (Fayette, Mo.) 1840-1848, 1841-11-13

A witness may possibly conscientlously tes-
tfy that minor son living with widow
cd mother, was the head of family; and
in another case, similar in point of fact
another witness, equally conscientious,
might testify that the widowed mother was
the head Of the family. There cannot be
uniform construction given to the law. il
it is careesSly left to the opinion of every
witness. You are therefore instructed moi
to receive as testimony, or proof general
statement, which embodics, in general
terms, the conclusions of law, without sta
ting the facts specifically.
The witness must state, if the pro-emp-
tor be the "hcad of family" the facts
which constitute him such, whether hus-
band having a wife and children, or a wild
over, or an unmarried person under TWEEN
ty-one years of age. having family, either
Of relatives or others depending upon him.
or hired persons, or slaves.
All the facts respecting the settlement in
person, inhabtancy, or personal residence.
the time Of commencement, the manner and
extent of Continuance, as well as those
showing the apparent objects, should be sta
ted.
1t must be stated that the claimant made
the settlement on the land in person; that he
has erected a dwelling upon the land; that
the claimant lived in it, made it bis home.
sc. By this means. you will be enabled to
determine whether or not the requisite of
the law have been complied with in any
given case. Should YOU decide against a
claimant, who feels dissatisfied with such
decision, may request. in writing, the opin-
ion of his office thereon, you will forthwith
forward all the original papers touching
said claim, and brief report Of your rea.
sons for rejecting il; and, in the mean time
will not permit the land claimed to be en-.
tered or sold without an order from the De.
partment.
The affidavit of the claimant in reference
to the fact of settlement &c. need not be re.
CURED 1t is in no case, legal evidence or
these points, and therefore should not form
part of the proof in reference thereto
The only affidavit required of the claimant
is that prescribed by the 18th section of The
act, which is to be taken before the Regis
ter or Receiver. (Sce form c, hcreuntc
anneXcd.)
No entry must be permitted until this af
fdavit is taken. Duplicates thereof mus
be signed by the claimant. and the fact o
the oath being taken must be certified by
the Register or Receiver administering il
one copy to be filed in your Office, and tn,
other to be transmitted to this Office. Eacl
entry made. by virtue of this act, must bt
designated by marking on the margin o
your quarterly accounts and monthly alb
stracls, opposite to the tract. the abbrevia
ton prem 1912 and on the face of the re
ceipt and Of the certificate, "Pre-emptiol
act of 1871"
f You will continue, unbroken, the regula
series of numbers for receipts and certiii
Gates. The original proof. affidavit and re
ceipt, must be filed with the certificate o
purchase in each case, each paper being ap
propriatcly endorsed, and transmitted l.
this office. with your monthly abstrac
which must contain and show the aggre
gate of land sold, and the purchase money
at the foot of the abstract. Also, a sepa
rate aggregate Of the lands sold, and the
purchase money, under each of the pre-
cmption acts, by virtue of which any en-
tries in that month may be made. No OK
cusc can be allowed for negligence in oh
serving this direction.
The forms for applications. receipts, an,
certificates, will be the same as those use
for private entries. The distinct provis
, ion for land subject to private entry rer
dering separate form for lands Of the lal
ter description unnecessary.
Very respectfully. gentlemen,
{ Your obedicnt servant,
E. NJ HUNTINGTON, Conf
!, The Register Of the Land Office,
and Receiver Of public moneys,
Land Office at