Imagini ale paginilor
PDF
ePub

in this office, his own certificate, under his official seal, will be recognised thereafter during his term of office; but, in the absence of said commission or certified copy of his appointment, an affidavit taken before such officer will not be received in any case, unless it be accompanied by a certificate of the proper officer, showing his authority and the genuineness of his signature.

To all official certificates by a notary public of whose appointment general proof has been filed as above suggested, should be added a brief reference to such proof on file, so to insure against its being overlooked.

Applications by widows must be supported by satisfactory proof of the marriage of the claimant to the soldier on account of whose services her claim is made; of his death; and that the claimant at the time of making her application was a widow-i. e., unmarried.

If the marriage was in any State or country where any public records of marriages are kept, it should be proved by a duly certified copy of the record; or, if there is no such record, by the testimony of credible witnesses who were present at the marriage; and where such testimony exists, and is not produced, satisfactory reasons must be stated, under oath, why it is not produced. If it is shown by affidavit that no record evidence or testimony of eye-witnesses can be procured, the claimant may then produce the best other evidence in her power; such as the testimony of witnesses who were acquainted with her and her husband during his lifetime; knew them to live together as man and wife, and that they were reputed so to be; and that the fact of their having been married was never called in question by their acquaintances.

In no case will the mere statement of the witnesses that the claimant is the widow of the deceased, be taken as evidence of the marriage; but the witnesses. must state the facts and circumstances from which they derive their knowledge or opinion that she is the widow of the deceased.

Witnesses to prove the death of the soldier must state their means of knowledge concerning it, and, as nearly as they can, the time and place of its occur

rence.

The evidence to prove the existing widowhood of the claimant must be direct, and the statement of witnesses that the claimant is the party she represents herself to be will not be received as satisfactory proof of widowhood.

All applications in behalf of minors must be made in their names by their guardian or next friend. Where there are several minors entitled to the same gratuity, one may make the declaration. The warrant will be issued to all jointly. In addition to proof of service, as in other cases, applications by minors must be supported by satisfactory proof of their being the lawful children of the soldier on account of whose services their claim is made; of his death; of there being no widow surviving at the time of making their application; of their ages; and that they are the only surviving children of the deceased soldier who were under the age of twenty-one years on the 3d day of March, 1855.

General reputation among those acquainted with the family without any question of being the lawful children of the deceased soldier, will be received as evidence of their being such.

The suggestions before made in relat on to proof of the death of the soldier, in cases of applications by widows, apply also to applications by minor children.

If there is any public record of the births of the children, a certificate of the same, properly authenticated, must be furnished. If there be none such, but a private or family record, it must be forwarded to this office for inspection, with proof of its authenticity. It will be duly returned to the parties, if desired. But if no public or private record of the births exists or can be procured, that fact must be shown by proper affidavit, and then other evidence will be received. Witnesses to prove the ages must state particularly their means of knowledge concerning the date of birth, and how they now fix the date. To avoid mistakes, the names and ages of all the surviving children of the deceased soldier should be shown by proper proof, so that this office may determine who of them are entitled to the land.

Applications made by Indians must be authenticated according to the regulations to be prescribed by the Commissioner of Indian Affairs.

If record evidence of the service on account of which a claim is made exists, it must be produced. But if there be none, parol evidence will be received instead. In such cases the positive testimony of at least two witnesses who were in the same service, or in a situation to know the facts about which they testify, will be required to establish the service alleged. And the witnesses in their affidavits must state particularly the facts and circumstances of the service claimed, and their means of knowledge concerning the same.

In every case, documentary evidence of the service of the company, to which the applicant claims to have belonged, will be required.

In no case will parol evidence be admitted to vary or discredit the length of any service shown by the rolls.

When claim is made for any allowance on account of mileage not shown by the rolls, a declaration must be made stating the place where the company or corps in which service is alleged was organized-where it was mustered into the service of the United Statesthe distance between those two places-and by whose order the march was made. Also, the place where it was discharged from service, and the distance from thence to the place where it was organized. This statement must be supported by testimony of witnesses or other proper proof.

In all claims under these acts reference may be made to any evidence on file in this office, but in all such references care must be taken to give a particular description of the case in which such evidence is.

Agents must, in all cases, have proper authority from the claimants in whose behalf they appear. No power of attorney will be recognised as sufficient unless signed in the presence of two witnesses, and acknowledged before a duly qualified officer, whose authority is certified under seal.

All additional evidence should be distinctly noted as such, with a particular description of the claim to which it relates.

JOSEPH H. BARRETT,

Commissioner.

FORM OF A DECLARATION

To be made ly a person who has never before had a land warrant, or made a declaration therefor.

[merged small][merged small][ocr errors][merged small]

and

day of

A. D. one thousand eight hundred

-, personally appeared before me, a justice of the peace, (or other officer authorized to administer oaths for general purposes,) within and for the county and State aforesaid,

years, a resident of

in the State of

-, aged

-, who, being

duly sworn according to law, declares that he is the identical in the company* commanded by Captain

who was a

in the regiment of

[blocks in formation]

the war with Great Britain, declared by the United States on the 18th day of June, 1812, (or other war embraced in said act, describing what war,) that he enlisted (or volunteered, or was drafted) at

[ocr errors]

on or about the

of

[ocr errors]

day of

A. D.

[ocr errors]

for the term and continued in actual service in said war for the term

of fourteen days, and was honorably discharged at

[merged small][merged small][merged small][ocr errors][merged small]

He makes this declaration for the purpose of obtaining the bounty land to which he may be entitled under the act approved March 3, 1855. He also declares that he has not received a warrant for bounty land under this or any other act of Congress, nor made any other application therefor.

[merged small][merged small][merged small][merged small][ocr errors]

in the State of — -, upon our oaths, declare that the foregoing declaration was signed and acknowledged by in our presence, and that we believe, from the appearance and statements of the applicant, that he is the identical person he represents himself to be.

(Signatures of witnesses.)

* If the claimant was a regimental or staff officer, the declaration must be varied according to the facts of the case.

† If the claimant was discharged in consequence of disability incurred by the service, or if he was in captivity with the enemy, he must vary his declaration so as to set forth the facts of the case.

« ÎnapoiContinuă »