Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1855-04-20

IMPORTANT TO BOUNTY LAND APPLICANTS
In reply to numerous inquiries from all parts
of the Union in regard to the meaning Of
the words record evidence as used in the
bounty land act of March 3, 1855, Com
missioner Waldo has submitted the follow
ing opinion
PESsIoN OFFICE, April ., 1858.
Sir You have desired me TO give my
opinion as to the true meaning of the words
..record evidence, - as used in the third sec
tion of the act entitled " An act in addition
to certain acts granting bounty-land to GER
tain officers and soldiers who have been en-
gagged in the military service of the United
States, approved March 3, 1853,
Records, strictly speaking, are registers OF
official or public transactions made by oil-
GERS appointed for that purpose, and Of the
transactions of such officers as are required
by law to register their own proceedings
transcripts from these registers, properly
authenticated, are record evidence. Regis
ters of military service are usually made by an
officer who has charge of the muster roll, or
orderly book of the company, or the payroll
of the regiment or corps to which he belongs
These rolls are made contemporaneouslywl with
the transaction they are intended to perpet-
nate, and as they are subject to the daily
suneryision of those whose services are there
narrated, they are regarded as possessing rs
high evidence of verify as any record. These
are therefore, recotd evidence of military
service. transcripts from these rolls, GER
tilted by public officer with whom they are
legally deposited, or sworn copies OF these
rolls ma de by credible persons, will be re-
ceiyed as record evidence of military SER
vice under said act.
But there may be other record evidence OF
military service for instance, the records
of many towns show that certain individuals
served as tho quota for such towns in the
revolutionary war. 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-rolis OF
any corps. Many woll-accredited histories
furnish evidence of individual military ser
ycs that cannot be elsewhere found. lt Is
not to be supposed that these and other Ike
proofs of service are to be disregarded. II
NAV be difficult to establish any general rule
upon this subject to which there may not bt
many exceptions. But, as n general rule,
will say that any entry respecting military
service made by person in the day and time
of the transact whose duty required hin
to observe and register the fact, will bt
regarded as record evidence of such service.
The requisite necessary TO make suct
entries admissible are, first, that the entry
appear TO have been made cotemporaneousl
with the act /; and. second, that the entry b'
made by person whose duty required hin
to note and register the transaction. Tn
proper application OF this rule Will enable
p person TO establish claim by record evidence
or evidence quasi record, and Will preVon
the evils arising from the admission ot paroil
: evidence to prove military service-eyil
, which have been fruitful source oil TN
numerous frauds heretofore committed nPol