The DeSmet leader. (DeSmet, Kingsbury Co., Dakota [S.D.]) 1883-1891, 1886-02-06
|. In cases of final proofs and of en-

!. In cases Of final proofs and OF en-
try applications the parties, whether
applicants, claimants, or witnesses, must
be properly identified before you. At
testing officers Including Registers and
Receivers) must certify that the parties
appearing are personally known to them
or that their identity is satisfactorily
established. The names of persons
vouching to identity must le stated.
Identifying affidavits should be required
in all cases where necessary.
2. Each question in final roofs must
be orally asked and answered in the
presence of the attestipg officer. hppli-
cations, affidavits, and final proof ques-
tions must be thoroughly explained, so
that there can be no possibility hat the
OF their affidavits or the full meaning
of the questions asked or the effect Of
their answers. Ready-made proofs pre-.
sented merely for pro forma acknowl-
edgement without verification, cross-ex-
animation, or evidence Of identity will
not be considered such proofs as are
required by law.
8. Officers taking aflidavits and proofs
must test the accuracy and reliability of
the statements of applicants and claim
atns, and the credibility and means OF
information of witnesses by thorough
cross examination. Questions and
answers in such cross-examinations will
be reduced to writing and the costs
thereof included in the costs Of writing
out the proofs.
4. Cross-examinations should be di.
rected to a verification of the material
facts alleged in the case. and especially
to the actual facts Of residence and 9TH
er requirements, the use of the land
and purpose of entry, and whether the
entry is made or sought to be perfected
for claimants own use and occupation
or for the use and benfit of others.
s. Registers and Receivers, and other
officers must carefully see that parties
and witnesses are swearing to actual
facts and not to constructions Of law as
what constitutes facts. This require
ment will be particularly observed in
respect to facts Of alleged residence.
6. Proofs must be taken on the day
and before the officer named in the ad-
venisement, and AZ his Office, and be-
tween the hours of eight A. NJ. and six
P. NJ. Proofs taken privately or in Sc
cret, or otherwise in substance irregu.
larly, will not be accepted.
z. Proofs must in all cases be made
to the satisfaction of Registers and Re-
ceivers. Proofs that are not satisfactory
must be rejected. Registers and Re-
ceivers are authorized 10 avail them
selves of all means Of information in
respect to the validity Of entries and
the interest in which they are made,
and will not allow entries which they
have good reason to believe collusive,
speculative, or otherwise fraudulent.
s. Registers and Receivers must thor
oughly sciutinize all proofs taken before
officers other than themselves. They
will not accept proofs so taken that are
defective or insufficient, and they must
see that all papers are complete and
perfect before an entry is allowed or the
papers transmitted to this Office. This
rule will be imperatively insisted upon.
9. Registers and Receivers will
promptly call to the attention Of spe-
cial agents, and report to this Office, all
cases which in their opinion need inves-
tigation.
10. Should officers (other than Reg
listers and Recelvers) taking affidavits
or proofs know or have occasion to sus-
pect the existence of fraud in connec-
ton with any ease, they should report
all the facts to the Register and
Receiver.
IL. Officers taking affidayits and tes-
timony should call the attention of par
ties and witnesses te the laws respecting
false swearing and the penalties there
for, and inform them of the purpose of
tie Government to hold all persons to
a strict accountability for any state
m ents made by them.
IL. In no case are papers authorized
to be executed in blank. Papers so
signed or falsely authenticated will be
treated as fraudulent, and the acts of an
officer misusing his official signature
and seal will not be recognized by this
Office, but the attention OF the proper
authorities will be called TO his miscon.
duct.
ID. Officers taking applications. affl
davits or final proofs, viii not be permit
ed to act as attorneys in the case.
IA. Attorneys at Law appearing in
land office proceedings at local offices
must file an appearance stating specifi
cally whom they represent. Attorney:
in fact must file the written authorit,
Of their principals.
WIZ. A. ]. SPARKS,
Commissioner
Approved:
L. @. q. LAM,R,
Secretarv