Southern Argus. [volume] (Columbus, Miss.) 1834-1842, 1842-01-04

examined by you, and the testimony
reduced 10 writing in your presence,
and signed by each witness, and certi-
hedby the officer administering the oath
or affirmation, who must join you in
certifying as to the respectapility and
credit OF each witness.
In case adverse claims shall be made
to the same tract, each claimant must
be notified of the time and place oft
king testimony, and allowed the privi-
ige of cross-examining the opposite
witnesses, and Of producing counter
proof, which should also be subject to
cross-examination.
| When by reason OF distance, sick
ness, or infrmity, the Witnesses cannot
come before you, you are authorized
10 receive their dispositions; which
must be, in all other respects, conform
able to the within regulations.
The notice to adverse claimants
should be in wiring, and should be
served in time to allow at least day
for every twenty miles the party may
have TO travel, in going TO place Of ia
king evidence. The proof in state
ments in broad or general terms, in
volVing conclusions oflaw. 1t is your
exclusive province to determine the lie
gal conclusions arising from the facts.
For instance, witness should not be
permitted to state that claimant is the
"head of family" &c, following the
law, cause such a mode of testifying
substitutes the judgment of the witness
for yours, and allow him not only to
determine the facts, but the law. A
witness may possibly conscienteously
) testify that minor son living with
widowed mother, was the head of the
) family; and. in another case, similar
in point of fact, another witness, equal
ly conscientious. might testify that the
widowed mother was the head Of the
family. There cannot be a uniform
construction given to the law, fit is
carelessly lets to the opinion of every
witness. You are therefore, instructed
not to receive as testimony or proof,
a general statement, which embodies.
in general terms, the conclusions of
law, without stating the facts speci6cal-
u ly.
The witnesses must state, if the pre-
empter de the "head of the family"
the facts which constitute him such,
I whether husband wife and children,
or a widower, or an unmarried person
under twenty-one years of age, having
S family, either Of relatives or others
depending upon him, or hired persons,
: or slaves
: All the facts respecting the..settlement
in person, inhabitancy or personal resi-
dence. The Tine Of commandment, the
manner and extent OF continuance, as
those showing the apparent objects,
should be stated.
! Thrust be stated, that the claimant
made the settlement on the land in
person; that he has erected a dwell
ling upon the land; that the claimant
lived in it, and made il his home, &c.
BY this means, you will be enabled 10
! determine whether or not the requisites
of the law have been complied with in
any given case. Should you decide
+" against claimant, who, feels dissatisf-
ed with such decision, he may request.
in writing the opinion Of this office
: thereon, you will forthwith forward all
the original papers touching said claim,
and brief report Of your reasons for
rejecting it; and, in the mean time,
e will not permit the land claimed to be
II entered or sold without an order from
{ the Department.
70 The affidavit of the claimant in ref
: erence TO the fact Of settlement, &c.
: need not be required. 1t is, in no
n case, legal evidence on these points,
and therefore should not form a par
y of the proof in reference thereto
The only, affidavit required of the clai-
= mant is that prescribed by the 18th
section Of the act, which ii is 10 be ia
e ken before the Register or Receiver
: (See form G, hereto annexed
If No entry must be permitted until
i this affidavit is taken. Duplicates
il thereof must be signed by the claim
o ant, and the fact of the oath being ia
e ken must be certified by the Register
1t or Receiver administering it, one copy
is to be filed in your Office, and the other
to be transmitted TO this Office. EacE
e entry made, by virtue of this act, mus
: be designated by marking on the mar
,r gin Of your quarterly accounts ane
], monthly abstracts, opposite TO the tract
the abbresiation "Prc'n.1841," ane
N on the face Of the receipt and of the
r certificate, "Pre-emption Act Of 184l.'
You will continue, unbroken, tht
ic regular series Of numbers for receipts
te and certificates. The original proof
affidavit, and receipt. must be filet
ID with the certificate Of purchase, il
,e each case; each paper being approprl-
i ateIy endorsed, and transmitted to thl
oH;ca with vour monthly abstract