White Cloud Kansas chief. [volume] (White Cloud, Kan.) 1857-1872, 1857-07-02
i.ASps WINCH 49, rrrurrrn-


1. Lands included in any reservation BY any
treaty. law. procIszlation. Of the Presiden. Of
the United States, and lands reserved for saines,
or for other purposes,
2 Lands reserved for the support Of schools
3. Lands acquired BY either Of the last two
treaties with the Miami tribe Of indians ii the
State Of Indiana, or which may be acquired Of
Wyandott tribes of Indians in the State Of ohi6,
or other Indian reservation to which the title
has been or may be extinguished BY the United
STATES, at any time during the operation Of these
asts,
4. Sections ef land reserved 10 the United
States alternate to other sections granted to any
Of the States for the construction of any canal,
railroad, or other public Improvement.
5, Sections or fractions of sections included
within the limits of any incorporated town.
s. Everyportien of the public lands which has
been selected as a site for city or town.
Z. Every parcel or lot of land actually settled
and occupied for the purpose of trade, and not
agriculture.
8. All lands on which are situated sny known
salines or mines
Persons clainRs the benefits of this act, arr :
required to file duplicate afidavits such as fhe
Law requires, ans furnish prOofBy one or more
disinterested witnesses of the facts necessary to
establish the three requisites pointed out in the
coDmencent of these instructions, and that re-
ferred to in succeeding place, in relation to the
claimant not having quit or abandoned bis resi-
dence on his own iSnd.
The witnesses Re to be-frst duly sworn or af-
frmed to speak the truth and the whole truth,
touching the subjects of inquiry, by some officer;
and, if not too inconIenient BY reason of dis
lance of residence from the lahd-OfHce of the
district, or other good cause, must be examined
by the register or receiver, and the testimony
reduced to writing in their presence, and signed
by each witness, and certified by the officer ad
ministering the oath or affirmation, who must
join in certifying to the respectabIity and cred
| il of each witness
In case adverse claims shall be made to the
same tract, each claimant win be notified of the
time and place OF fixing testimony, and allowed
the privilege of cross-examining the opposite
witnesses, and Of producing counter-proof which
will also be subject to cross-examinatioK.
When, by reason Of distance, sickness, or in.
trinity, the witnesses cannot come before the
register or receiver, these officers are authorized
to receive their dispositions, which must be, in
all other respects, conformable to the within reg
ulations.
The proof furnished to the register or receiv-
er, in all cases. should consist of a simple detail
of facts merely, and not Of statements in broad
or general terms, involving conclusions of law
1t is the exclusive province of the register or re-
ceiver to determine the legal conclusions arising
from the facts. For instance, witness viii not
of family etc., following the words of the
law, but must set forth the facts on which he
grounds such allegations; because such mode
of testifying substitutes the Judgment of the
witness for that Of the register or receiver, ald
allows him not only to determine the facts, but
the law. A witness may possibly conscientious
ly testify that minor son, living with widow
ed mother, was the head of the family; and, in
another case, similar id point Of fact, another
witness, equally conscientious, might testify that
the widowed mother was the head of the fami-
ily. There cannot be uniform construction
given to ths lry, e it is carelessly LEFT to the
opinion of every witness. Registers and receiv-
ers have therefore beeninstructed not to receive
as testimony or proof 4 general statement,
which embodies, in general terms, the conclu-
sions of law, without stating the facts speci6-
cally.
The witnesses must state, If the pre-empter
be the " head of family" the facts which con-
stitute him such; whether a husband having a
wife and children, or widower, or an unmarried |
person under tweuty-one years of age, having a
family, either Of relatives or others, or hired |
persons, or slaves.
All the facts respecting the settlement inpsr-
son, the tine of commencement, the manner
and extent OF continuance. as well as those show
ing the apparent objects, should be stated.
It must be stated that the claimant made the |
settlements on the land in person; that he has
erected dwelling upon the land, and lived in
it, and made it his home, etc. By this means,
the register or receiver will be enabled to deter
mine whether or not the requisites Of the law
have been complied With.
The only affidavit required of the claimant is
that prescribed by the thirteenth section of the
act of 1871. This affidavit must be taken " be-
fore the register or receivero of the land district
in 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 person viii not justify the entry of
the land. Duplicatessthereof must be signsdbt
the claimant.
A claimant is bound to prove his right to-, and
enter, all the land embraced by his declaratory
statement il liable to the operations Of the act.
No transfer or assignment of his claims can be
made by claimant under the law Of 1871. Such
are " null and void"
The proof filed by every claimant must show
the times of the commencement of the settle
ment.
The second section oft act of March. 1873,
provides for the rights Of parties who shall have
died before eoasummating their claims, BY the
fling in due time, of all the papers essential to
establish tAe same. If proof Of such right shall
be fled, and payment therefor be made BY the
executor, administrator, or one Of the heirs, du-
ring the period prescribed BY the law upon which
the claim is founded, the entry may be made in