| Show LAND LAD nad CONTESTS I 1 i under recent regulations and rullus s ofila of U general land oilier hillings iii lik akings and anil contests before tile tin loc local are ill iu great reat measure rendered ered un uni 1 necessary necess ary aFy amended rule 35 of rules 1 of practice was made malle especially that testimony should bu be taken near thel land in controversy it itis is only offices feces j I 1 sary fary jary ill in such cases caes that t the officer er i place and time should be designate designated dl j in the notice whether tiler service is biad by publication or personal service i county clerks are informed by the general land office that when protest Is offered or any person appears to object io to clair elair claimants nants entry or proof you should take all ali the testimony of lerch oil on both sides first examine examining ing claimant and his witnesses and theu thou taking testimony oil on tile the part of diotes tant either party can cross examine the witnesses of the other side in his circular of september 17 1881 issi the commissioner says notice to make proof is ian jan invitation to all the world to contest the right odthe party to inake make proof and full testimony should then be taken on both sides and the record made up for action and nd decision n tim case in his circular of december mcember io ims 4 the commissioner says notice to make proof is an invitation to all persons to come in and show cause why proof should not be allowed it is not nod necessary that all an objector should be a prior party to the record it is not necessary that he should be a party in interest when any person appears at the time and place set act for making proof all tile the testimony in favor of and against the entry should be t taken and a decision rendered m the sam same e manner as in contest cases cas eis riS in his instructions of oct 11 1884 1834 the commissioner said sald 11 claimant having by his notice invited objections to his entry and a time and place being set where any adverse claim may be asserted he is expected to bo be prepared to support his claim against all charges and counter claims which vilich may be presented if more time is necessary to obtain evidence a postponement may behaden be had in the usual manner as by consent of parties as in ordinary contest cases or an adjournment to a future day to the local office can be had if parties so desire ill in the cise c tse ise of marquadt vs oisen olsen 11 copp p the secretary of the interior said sald notice of final proof is published that all parties in interest may inay be advised of the proceeding and when neglects this opportunity for objection it is also reasonable to presume he has none 2 from the foregoing rulings it is quite evident that the general land office lias has done all in its power to save parties to proof contests and hearings the expense ot of traveling long iong distances to the land office and paying the expenses of witnesses detained for examination the mode of procedure is ii made as simple and inexpensive as possible the duty of the clerk or notary taking testimony is confined to faithfully transcribing the testimony presented and transmitting it in proper shape to the land officers who are allowed lowed nothing for examination and decision if it notaries not aries clerks and attorneys attorney would provide themselves with volumes 10 and 11 of copps land owner and subsequent numbers as they appear every fortnight they would have no trouble in complying with the liberal regulations now in force A contest may be had before any officer authorized zed to take proof the necessity of pt expensive trips to the land office is obviated in almost ever possible case black hills kills times mag may 0 |
