, 1886-01-08
DEPARTMENT OF THE INTERIOR,
GENERAL LAND OFFICE,

GENERAL LAND OFFICE, \
WASHINGTON, D. c., Dec. 10, 1885.
70 Regsfers and Receiuers and Officer
authorized to take a6idarits and proofs n
public land cases: GENTLEMEN :-Th,
large number Of defective, irregular, and
insufficient proofs presented in public land
cases, and the looseness with which at
testing officers, particularly others than
REGISTERS 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 be
properly identified before you. Attesting
officers Gncluding registers and receivers
must certify that the parties az pearing are
personally known to them or that their
identity is satisfactorily established. The
names of persons vouching to identity
must be stated. Identifying afidavits
should be required in all cases where neces-
sary.
2. Each question in final proofs must
be orally asked and answered in the pres
ence Of the attesting officer. Applica-
tons, afhdavits, and final proof questions
must be thoroughly explained, SC that
there can be no possibility that the par
ties will misunderstood the purport Of
their afidavits or the full meaning of the
questions asked or the effect Of their an
swers. Ready-made proofs presented
merely for pro forma acknowledgement
without veriication. cross examination,
or evidence of identity will not be con-
sidered such proofs as are required by
law.
3. Officers taking afidavits and proof
must test the accuracy and reliability
OF the statements of applicants aud claim
ants and the credibility and means of in.
formation of witnesses by a thorough
cross examination. Questions and an
swers in such cross examinations will be
reduced to writing and the costs thereof
included in the costs of writing put the
proofs.
4. Cross examinations should be d.
rected to a verification of the material
facts alleged in the case, and especially to
the actual facts of residence and other re-
quirements, the use of the land and pur-
pose Of the entry, and whether the entry
is made or sought to be perfected fol
claimants own use and occupation or fol
the use and benefit of others.
5. Registers and receivers, and Other
officers must carefully see that
parties and witnesses are swearing &c
actual facts and not to constructions
of law as 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 advertise
ment, and at his office, and between the
hours of s a. M, and 6 p. IN. Proofs
taken privately or in secret, or otherwise
in substance irregularly, will not be &C
cepted.
7. Proofs must in all cases be made tC
the satisfaction Of registers and receivers.
Proofs that are not satisfactory must be
rejected. Registers and receivers are au-
thorized I avail themselves Of all mean
of information in respect to the validity
of entries and the interests 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 scrutinize all proofs taken befor,
officers other than themselves. They vii
not accept proofs 50 taken that are defec'
tive or insufficient, and they must see
that all papers are complete and perfect
before an entry is allowed or the papen
transmitted to this office. This rule will
be imperatiyely insisted upon.
8. REGISTERS and receivers will promptly
call to the attention OF special agents, and
report to this Office, all cases which in
their opinion need investigation.
10. Should officers (other than registers
and receivers) taking afidavits or proof,
know or have occasion to suspect the ex
~istence Of fraud in connection with any
case, they should at once report all tn,
facts to the register and receiver.
IL. Officers taking afidavits and testI
mony should call the attention of partie,
and witnesses to the law respecting falls,
swearing and the penalties therefor, anC
inform them of the purpose of the gov
eminent to hold all persons to a strict &C
%countability for any statements made BY
them.
IL. In no case ore papers authorized Il
be executed in blank. Papers so signeC
or falsely authenticated will be treated al
fraudulent, and the acts of an office
misuslng his official signature and sea
will not be respected by this office, bu
the attention of the proper authoritiei
will be called to his misconduct
10. Officers taking applications, afida
Wits or final proofs, will not be permitted
to act as attorneys in the case.
IA. Attorneys at law appearing in lane
office proceedings at local offices mus
file an appearance stating specifcall!
whom they represent Attorneys in fac
must file the written authority of then
principals. WIN. A. j. SPARKS,
Approved Commissioner