Barbour County index. [volume] (Medicine Lodge, Kan.) 1880-current, 1885-01-30
Bad For Settlers.

- ANSOhS A0isAA Va euC HCllCIdl
land office, news of which reached here
this week, 1T will hereafter be necessa-
ry for presumption claimants to make
their final proof before either the dis
trict clerk or probate judge of the coun-
ty In which the land is located, or be-
fore the register or receiver of the dis
trict. In case of settlers in Comanche
county, yet unorganiZed, the settler will
have to come with their witnesses to
Medicine Lodge or go to Larned-in
either case a great Inconvenience. Did
this only apply to settlers who have
not yet made their filings it would
not be so inconvenient, as they would
know what to do but as understood
here, the new ruling requires that all
persons who have not yet made
final proof, though they may have ad-
vertised to do SO, shall again advertise
to make final proof before the probate
judge or district clerk. OF course this
will necessitate naming another day,
getting witnesses to be present, and
likely will cause the expense of another
publication fee OF four dollars.
The new ruling will take a consider
able portion of the business of nOtaries
away from them, besides inconvenience
ing settlers.
Below is the circular in full explain
ing the ruling:
How FINAL PRoOFs IN PRE-ENPTIoN
CASES SHOULD BE MADE-AcTINe
COMMISSIONER HARRISON TO f. ID.
HOBBs, ESQ, e.. l.. o. DULUTH,
MINI, JAN. ., 1885.
Section 2262 r. s. provides that the
presumption affidavit may be made be-
fore the register or receiver, and Sec
ton 226S provides that the proof requir-
el by Section 2259 shall be made to The
satisfaction of said official, dgreedbly TO
such rules as may be prescribed by Ge Sec
re,aTy ofths Interior. The form of proof
mo 1871 Al has been duly prescribed,
but | can nowhere find authority from
the Secretary for the taking of proof
elsewhere than before the re gister and
receiver lsee circular March l. 1884, pgs.
8 and 81 The act of June Sth $780, u
Stat. 1881 provides that the affidavit re-
quired to be made by Secs. 2262 and
23Ol r. 5. may be made before the clerk
OF the county court or of any court
of records of the county state or
the District and Territory in
which the lands are situated. 1t has
been held that person authorized to
take the affidavit may likewise take the
proof. In the absence of express statu-
tory authority, or authority from the
secretary, no person is competent to
take the proofs required except those
mentioned in the statutes above cited.
This of course excludes notaries public,
and ali such proofs taken by them should
be rejected. / will state in answer to
your inquiry, that / am of the opinion
that person swearing falsely in sup
port of a presumption claim before no.
tary public cannot be convicted of per-
jury-there being no regulation of the
secretary or T cderal or Territorial law
authorizing a notary to act in such
cases Final proofs should, of course,
be taken at the time and place designa-
ted in the published notice. Adverse
claimants or protestants are not required
to, nor does the law contemplate, that
they shall appear at different places,
often long distance apart, to cross
examine claimant or his witnesses and
adduce counter proof. All proofs not
taken as above indicated msst be re-
iected.
The purchase price of the land sought
70 be entered should always accompany
the proofs and application to purchase,
and if not found Herewith the papers
must be promptly rejectedand returned.
/ IL Copp, 259.