The pioneer express. [volume] (Pembina, Dakota [N.D.]) 1883-1928, 1886-01-22
From Commissioner Sparks.

Continued next weekly
From Commissioner Sparks.
We have received the following circula
for publication. which will be of interest
to those making final proof Oh land, as
well as to land attorneys:
The large number of defective, irrcg-
ular and insufficient proofs presented in
public land cases, and the looscness with
which ,attesting officers, particularly
others than registers and receivers. have
exercised their functions, make it neces-
sary that the following directions be care
fully complied with:
l. In cases Of final proof and entry
applications the parties, whether appli-
cants, claimants, or witnesses, must be
properly identified before you. Attest
ing officers (includiig registers and re-
ceivers) must certify that the parties al,-
pearing are personally known to them VI
that their identity is satisfactorily cs!;:b-
lisled. The names of persons vourhing
to identity must be stated Identifying
ailidavits should be required in ali eases
where necessary.
2. Each question in final proofs must
be orally asked and answered in the
presence of the attcstiny officer Appli-
cations, ailidavits and final proof qucs-
tons must be thoroughly explained, so
hate Al.
parties will misunderstood the purpo:t OF
their atlidavits or the full meaning of the
questions asked or the effect of their
answers. Readymade proofs Presented
merely for pro jorma acknowledgment
without veriiication, cross-exanimlion,
or evidence of identity will not be con-
sidered such proofs as are required by
law.
3. Officers taking aliitluvits and proofs
must test the accuracy and reliability OF
the statements of applicants and claim
ants and the credibility and means of in
formation of witnesses by Il thorough
cross-eXamination. Questions and am
swers in such cross-ex;lr,inations 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 veritication of the material
facts alleged in the case, and especially
to the actual facts of residence and other
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 benefit of others.
S. Registers and receivers, and other
officers must carefully ysee that parties
and witnesses arc swearing to actual facts
and not to constructions OF law us to what
constitutes facts. This requirement 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 adj
yertisement, and ut his Office, and be-
tween the hours of eight IL. III. and six p.
nj. Proofs taken privately OF in secret,
or otherwise in substance irresularly,
will not he accepted.
Z. Proofs must III all cases be made to
the satisfaction of registers and receivers.
Proofs that are not satisfactory must be
rejected. Registers and receivers are
authorized to avail themselves of all
means of information in respect to the
validity of enteries and the interests III
which they are made, and will not allow
entries which they have good reason to
believe collusiye, speculative, or other
wise fraudulent
S. Registers and receivers must thor
oughly scrutinize all proofs taken before
officers other than themselves. They will
not accept proofs SO taken that are dciec-
tive 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 rue will
he imperatiyely insisted upon.
8. Registers and receivers will promp-
tly call to the attention of S ,ecial agents,
and report to this office, all cases which
in their opinion need Investigation.
10. Should officers (other than regis
tiers and receivers) taking alliLavits or
proofs know or have occasion to suspect
the existance OF fraud in connection with
any case. they should at once report all
the facts to the register and receiver.
II. Officers taking aliidavts and tcsti-
mony should call the attention of parties
and witnesses to the laws respecting false
swearing and the penalties therefor, and
inform them of the puraosc of the Gov
ernment to hold I'LL persons 10 Il strict
for any statements made
by them.
IL. In no case are papers authorized
to be executed in blank. Papers SO
signed or hlsly authenticated will be
treated as fraudulent, and the acts of an
officer misusing his Official signature and
seal will not be respected by this Office,
but the attention oftIle proper authorities
will be called to his misconduct.
Is. Officers taking applications, afii-
davits or final proofs. will not be per-
mittcd to act rs attorneys in the case.
IA. Attorneys at La@ appearing in
land Office proceedings at local Offices
must file an appearance stating specilical-
Nv whom they represent. Attorneys IN |
fact must file the written authority of |
their principals.
App:ovcd: WIN. A. J. SPARES
l.. e.. e. LAMAR, Commissioner.
Secretary.
4 nInm Send 10 eanls postage aud we VIII