The Kansas herald of freedom., 1855-01-20


cross-examining the opposite witnesses
and of producing counter proof, which
will also be subject to cross-examina.
ton.
When. by reason of distance, sickness
or inirmity, the witnesses cannot come
before the register or receiver, these Off,
GERS are authorized to receive their dep
ositions, which must be, in all other re-
spects, conformabie to the within regula'
tons.
The proof furnished to the register ol
receiver, in all cases, should consist of q
simple detail of facts merely, and not o.
statements in broad or general terms, in.
yolving conclusions of law. 1t is the
exclusive province of the register or re,
ceiyer to determine the legal conclusions
arising from the facts. For instance, a
witness will not be permitted to state thai
claimant is the "head ola family" &C.,
following the words of the law, but must
setforth the factson whichhe grounds such
allegations because such mode OF
testifying substitutes the judgment
of the witness for that Of the reg
lister or receiver, and allows him not
only to determine the facts, but the law.
A witness may possibly conscientiously
testify that minor son, living with a
widowed mother, was the head of the
family and in another ease, similar in
point of fact, another witness, equally
conscientious, might testify that the
widowed mother was at the head of the
family, There can not be a uniform
construction given to the law, if it is
earelessly left to the opinion of every
witness. Registers and receivers have,
therefore, been instructed not to receive
as testimony or proof general state
ment, which embodies, in general terms,
the conclusions of law, without stating
the facts specifically.
The witnesses must state, if the pre-
emptor be the "head of family" the
facts which constitute him such wheth-
er a husband having wife and children,
or widower, or an unmarried person
under twenty -one years of age, having a
family, either of relatives or others de-
pending upon him, or hired persons, or
slaves.
ALI the facts respecting the settlement
in person, inhabitancy, or personal resi-
dence, the time of commencement, the
manner and extent of continuance, as
well as those showing the apparent OBJ
jects, should be stated.
It must be stated that the claimant made
the settlement on the land in person that
he has erected dwelling upon the land ;
that the claimant lived in it, and made it
his home, DC. By this means, the regis
ter or receiver will be enabled to deter
mine whether or not the requisites of the
law have been complied with in any
given case.
The only affidavit required of the
claimant is that prescribed by the thir-
teenth section of the act of 1841. See
affidavit This affidavit mast be taken
before the register or RECEIVER of the
land districtin which the land is situated, :"
before an entry is permitted, and must be
of the same date with the certificate of
entry. An affidavit before any other per-
SON will not justify the entry of the land.
Duplicates thereof must be signed by the
claimants
A claimant is bound to prove his right
to, and enter all the land embraced by
his declaratory statement, if liable to the
operations of the act. No transfer or as
signment of his claims can be made by a
claimant under. the law of 184l. The
law declares such "null and void"
The proof filed by ecery claimant must
show the tinset of the commencement Of the
settlement.
The second section of the act of March
3, 1843, provides for the fights of parties
who shall have died before consummating
their claims, by the filing, in due time,
fall the papers essential to establish the
same. If proof of such right shall be
filed, and payment therefor be made by
the executor, administrator, or one OF
the heirs, during the period prescribed by
the law upon which the claim is founded,
the entry may be made in the name OF
.'the heirs - of the deceased claimant.
A patent ON such an entry will cause the
title to inure to said heirs, as if their
names had been specially mentioned. In
cases of this kind, the affidavit required
of the pre-empt6r will be taken by the
person so filing the proof; and should
such person be one of the heirs, he or she
should be of age, and mind competent to
appreciate the nature and obligation ofan
oath.
The fourth section of the act of 1843
declares it unlawful for an individual,
who has once fled declaration for one
tract of land, to file at any future time a
second declaration for another tract
This has reference to those required, un-
der the fifteenth section of the act OF
I841, for land subject at the time of set
tlement to entry at private sale.
The fifth section requires that similar
notices or declarations in writing should
be filed BY settlers, under the act of the
4th of September, 1871, on land not sub
iect to private entry. These declarations
are to be filed in the Office of the register
or receiver BY every such settler within
three months after his settlement.
By the sixth section, claimant is au-
thorized hereafter to file a declaration,
under the law of the 4th of September,
l841, or to make an entry of a claim un-
der it, although the time prescribed by
the law for the fling of such declaration,
or the making of entry shall have expired
provided the claimant was prevented, by
vacancy in either the receivers or regis.
ter's Office, from performing said act Oh
acts within such time, and shall perform
the duties required by the law within tht
same periodafter thedisability is removed
*The law provides that I. If any person shal
swear falsely in the premises, be or she shan 0;
subject to all the pains and penalties OF PERJURY
and shall forfeit the money which he or she ma
have paid for said land, and all right and ~.
to the same and any grant or conycyance which
he or she may. hsse made, except IN the haiad
of bona fde purchasers, for valuable eonsid
Grafton. shall be null and yoid-n
iThis date Is al Important for the purpose o
determining In all cases whether the settlemen
was made within the proper time, and whetlu=
ste.3