Thibodaux minerva. [volume] (Thibodaux, La.) 18??-1858, 1855-05-12
runortaut to Bounty Land Applicants.

Tn replv to numerous inquiries from all parts
If the Union in regard to the meaning of the
cords "record evidence" as used in the
,ountv land act of March 8, 1866, Commits
sinner Waldo has submitted the following
opinion:
Pension OFFICE, April Q. 1855.
s,R:-You have desired me to give you my
,r;nion as to the true meaning of the words
s.rrecord evidence" as used in the third section
,f the act entitled can act in addition to GER
Tain acts granting bounty land to certain officers
nd soldiers who have been engaged in the
1";l;,orv service of the United States" approved
March g. 1865.
Records. strictly speaking, are registers Of
oec;,I or public transactions made by officers
onnointed for that purpose, and of the transac-
.;ops of such officers as are required by law to
recister their own proceedings. transcripts
from these registers, properly authenticated,
.re record evidence. Registers of military
service are usually made by an officer who has
CHARGE of the muster roll, or orderly book of the
enmnany. or the pay roll of the regiment or the
corps to which he belongs These rolls are
made cotemporaneously with the transaction
.h bs are intended to perpetuate, and as they
G a-e subject to the daily supervision of those
,,hose services are there narrated, they are
reoarded as possessing as high evidence of
rer;,v "a any record. These are, therefore,
,o.ord evidence of military service. Trans
cr;nts from these rolls, certified by public
officer with whom they are legally deposited,
ar sworn copies of these rolls made by credible
nersons will be received as record evidence
Of military service under said act.
Hut there NAV be other record evidence Of
MILITARY service for instance, the records of
manv towns show that certain individuals served
a. the quota for such towns in the revolutionary
var The historical societies in many of the
States contain evidence of the military service
Of individuals whose names are not found on the
muster or pay rolls of any corps. Many well
accredited histories furnish evidence of indivi-
dual military service that cannot be elsewhere
found 1t is not to be supposed that these and
other like proofs of service are to be disregarded.
It NAV be difficult to establish any general rule
upon this subject to which there may not be
many exceptions. But, as general rule, |
will say that ans entry respecting military
service made by a person in the way and time
of the transaction whose duty required him to
observe and register the fact will be regarded
as record evidence of such service. The re-
sGusites necessary to make such entries ad-
Missile are, first that the entry appears to
have been made cotemporaneously with the act;
and, second, that the entry be made by person
whose duty required him to note and register
The transaction. The proper application of this
rule will enable person to establish claim by
record evidence, or evidence quasi record, and
will prevent the evils arising from the admission
er parole evidence to prove military service
evils which have been fruitful source of the
numerous frauds heretofore committed upon
this department, and against which Congress
intended to provide by the introduction of this
provision into this act remain yours, &C.,
IL WALDO, Commissioner.
Y a Cnva ESQ present