Lewiston teller. [volume] (Lewiston, North Idaho) 1878-1900, 1878-09-06
Land Office Department Circular.
DEPARTMENT OF THE INTERIOR,
GENERAL LAND OFFICE,
Woship pfop n ~ fuly ~ 1878

OF the Honorable secretary OF the In
terror, dated January 2S, 1878, new
forms have been prepared for taking
presumption and final homestead proof.
The principal change from the old
method of taking the proof, directed by
the Secretary, is, that hereafter the tes
timony of the witnesses must be taken
separately by question and answer, and
the claimant will be required to testify.
as a witness, in his own behalf in the
same manner.
The printed forms, ten in number,
which will be mailed to you, are named
below, with such directions as are deem
ed necessary for your guidance, to-wit
PRE-EMpTIoN PRooF.
Affidavit of claimant, required by sec
ton 1912 of the Revised Statutes. Tes-
timony of claimant, as a witness in his
own behalf, by questions and answers.
Testimony of witness by questions and
answers. The testimony of taco Uit-
nesses, taken separately, should be re-
quired in each case.
Certificate of the local land officers as
to the status of the land by their records.
FINAL HOMESTEAD PROOF.
Final affidavit of claimant, required
by section 229l, Revised Statutes III.
nal affidavit required af adjoining farm
homestead" claimants by section 22ol
Revised Statutes.
Testimony OF claimant, as witness in
his own behalf, by questions aud an
swers.
Testimony Of witnesses by questions
and answers. The law requires the
proof of two witnesses in each case, and
you viii require that the witnesses testi-
fy separately, as indicated by the forms.
Affidavit required Of claimant who
commutes his homestead entry under
section 2301 of the Revised Statutes.
In communication cases, besides this afTi-
davit, the same forms are required to be
used for taking the testimony of the
claimant and his witnesses as are pre-
scribed for taking ordinary final home
stead proof.
Pre-. emption-H Homestead oHdauit.--
In cases where prescription filings have
been changed to homestead entries and
the parties come to make final proof,
claiming credit under the acts of March
3, 1877, and May 81, 1878 for the per.
iod of presumption settlement, this form
OF affidavit is required, stating their
qualifications as pre-. emptors, covering
the period from date of pre- emption set
Element to date of change to homestead
entry. In these cases Of final proof you
will require, in addition to this affidavit
final homestead affidavit and the final
homestead testimony of the claimant and
his witnesses, covering the entire period
Of settlement and cultivation from date
of presumption settlement.
The forms named above for taking the
testimony are intended for ordinary
proof; but in case Of final proof in sup
port Of adjoining farm homestead en-,
tries, or final proof by the widow, heir,
or deyisee Of deceased homestead
party, or in case of proof by the heirs o.
deceased pre-emptor. the printed forms
for taking the testimony by question,
and answers should be changed to sui
the particular case; or, if found neces
sary, the questions and answers may b,
written out entirely, following the print
ed forms as guides in respect to tht
proof required to be made.
You will circulate copies Of thes,
forms, except the presumption affidavit
required to be made before you, ant
copies Of this circular, among such off
GERS in your district as are authorizes
by law or instructions to take final proof
and thereafter, upon application, furn
ish limited number Of the forms +
such officers or the attorneys Of parties
to be used in lieu Of the old forms So
perseded by these.
In accordance with the instruction
Of the Honorable Secretary of the In
terror, you are directed to exercise grea
care aud diligence in each case, an,
should it come to your knowledge, 0
should you have reasonable grounds t
believe that fraud or perjury has bee
committed in any ease, make due repor
to this Office without delay. Althoug
knowledge Of bad faith in cases may
obtained by you subsequent to the issu
of certificate as the basis of patent, b
promptly reporting as directed, the sue
cessful consummation Of fraud, in som
instances, may be prevented.
You will observe that the forms fo
taking the testimony contain notice
which should be brought to the atter
ton Of each witness, stating that if h
testi6es falsely he will be prosecuted /
the full extent of the law.
Very respectfully,
j. A. WILLIAMSON,