Barbour County index. [volume] (Medicine Lodge, Kan.) 1880-current, 1886-01-22
Final Proofs.

from Commissioner Sparks. and APP
proved by the secretary of the interior.
Every land claimant should read and
study his circular carefully, thereby
becoming acquainted with the latest
Rulings:
DEPARTMENT OF THE INTERIOR,
GENERAL LAND OFFICE.
WASHINGTON. ID. g., Dec. u. 1885.
10 Rcgisters and IicccireFs and officers
authorized TO take d6idurits and proofs
a, pntlic land cases:
GENTLENEN:-1h he large number of
defective, irregular, and insufficient
proofs presented in public land cases.
and the looseness with which attesting
officers, particularly others than regis
tiers and receivers. have exercised their
functions. make it necessary that the
following directions be carefully com
piled with.
l. In cases of final proofs and of entry
applications the parties. whether appli-
cants, claimants, or witnesses, must he
properly identified before you Attest
ing officers Including registers and re-
ceiversl must certify that the parties
appearing are personally known 10
them or that their identity is salts
factorily established. The names of
persons vouching to identity must be
! stated. identifying affidavits should be
required in all cases where necessary.
2. Each question in final proofs must
be orally asked and answered in the
presence Of the attesting of:cer. Ap-
plications, atiidayits, and final proof
questions must be thoroughly explained
50 that there can be no possibility that
that the parties will misunderstood the
/ purpolt of their afIidavits or the full
meaning of the questions asked or the
effect of their answers. Ready made
| proofs presented merely for pro forma
at acknowledgement without vrrification.
cross-examinatiOn, or evidence of iden-
! tity Will not be considered such proofs
as are required 10y law.
3. Officers taking atfidavits and proofs
IEust test the accuracy and reliability
OF The statements of applicants and
claimants and the credibilty and means
Of information of witnesses by a thor
ough 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.
/. CrosS-eXaminationS should be Iii
rected To Il verilicati0n 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 the entry, and whether
the entry is made or sought to be per-
! fected for claimant S own use and Occu-
patton or for the use and LeneG, of
others
D. Registers and receivers. and other
officers must carefully see that parties
and witnesses are swearing TO actual
facts and not 10 constructions of law as
TO what constitutes facts. This re-
Gu:rement Will be particularly observed
IL respect To facts of alleged residence
s. Proofs must be taken on the day
AID before the officer named in the adj
vertist ment, and ar his Office, and be-
tween the hours of s Il. IN. and 6 p. IN.
/ Proofs taken privately or in secret or
otherwise in substance irregularly, will
not be accepted.
Z. Proofs must in all cases lie made to
tie satisfaction Ct registers and re-
! ceirers. Proofs that ale not satisfac-
tory must be rejected. Registers and
/ receivers are authorized TO anvil them
! selves OF all means OF information in
respect TO the validity of entries and the
interests in which they are made. and
viii not allow entries which they have
good reason to believe colluSive, specu-
lative, or otherwise fraudulent.
s. Registers and receivers must thor
oughly scrutiniZe all proofs taken be-
fore officers other than themselves
They will not accept proofs so taken
that are defective or insufficient, and
they must see that all papers are COM
p'ete and perfect before an entry is al
lowed or the papers transmitted to this
Office. This rule will he imperatively
insisted upon.
o. Registers and receivers will
promptly call TO the attention of special
agents, and report to this office, all
cases which in their opinion need inyes-
tIgatiOn.
10. Should officers (other than regis
ters and receivers taking aflidavits or
proofs know or have occasion 10 suspect
the existence of fraud in connection
with any case, they should at once re-
port all the facts to the register and re-
! ceiver.
IL. Officers taking affidavits and tes-
timony should call the attention of
parties and witnesses to the laws re-
/ speeding false swearing and the penal
! ties therefor, and inform them of the
! purpose of the government to hold all
persons to strict accountability for
any statements made by them.
! IL. In no case are papers authorized
/ to he executed in blank Papers 50
signed or falsely authenticated will be
/ treated as fraudulent. and the acts of
an officer miSusng his official sigma
/ ture anu seal will not be respected by
/ this Office, but the attention of the
proper authorities will be called to his
| misconduct.
Is. Officers taking applications, afli-
! dayits or final proofs, Will not be per-
mitted to act as attorneys in the case.
II. Attorneys at law appearing in land
Office proceedings at local Offices must
I file an appearance stating specifically
whom they represent. Attorneys in
fact must file the written authority of
| their principals.
WIN. a. j. SPARKS, Com'r.
Approved: L. q. c. LAMAR, Sec.