evidenced by the formal certificate of the clerk of the proper court of record or other competent authority."

The attestation of a notary public to the execution of a bond (where such attestation is authorized) imports the same verity as the attestation of a clerk of a court of record. For this reason, if certification of the authenticity of their acts is required, it should be from the particular official who alone can certify to such character, and such is the rule of the Department prescribed by paragraph 11 of circular of instructions.

The certification referred to can not be made by the clerk of any court of record, but must be made by the clerk of the proper court of record, or other competent authority: that is, by the clerk of the court in which such appointment appears of record, and where such appointment does not appear of record in any court, then by other competent authority, such as the Secretary of State, or other officer having charge of the records containing such appointment. Under this rule the clerk of a probate court is not competent to certify to the authenticity of the acts of notaries public and other officials, unless the appointment of such of ficials appear of record in the court of which he is clerk. The papers are herewith returned.

SETTLERS AND PURCHASERS WITHIN THE LIMITS OF THE NORTHERN KANSAS RAILROAD.

CIRCULAR.

Commissioner Sparks to registers and receivers, April 30, 1887. Your attention is called to the following provision of the act of Congress approved March 3, 1887, entitled "An act for the relief of settlers and purchasers of lands on the public domain in the States of Nebraska and Kansas:"

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That for the purpose of reimbursing persons and the grantees, heirs, and devisees of persons, who, under the homestead, pre-emption, or other laws, settled upon or purchased lands within the grant made by an act entitled "An act for a grant of lands to the State of Kansas to aid in the construction of the Northern Kansas Railroad and Telegraph," approved July 23, 1866, and to whom patents have been issued therefor, but against which persons or their grantees, heirs, or devisees, decrees have been or may have hereafter be rendered by the United States circuit court on account of the priority of said grant made in the act above entitled, the sum of $250,000, or so much thereof as shall be required for said purpose, is hereby appropriated: Provided, however, That no part of said sum shall be paid to any one of said parties until he shall have filed with the Secretary of the Interior a copy of the said decree, duly certified, and also a certificate of the judge of said court rendering the same to the effect that such a decree was rendered in bona fide controversy between a plaintiff showing title under the grant made in said act and defendant holding the patent or holding by deed under the patentee, and that the decision was in favor of the plaintiff on the ground of the priority of the grant made by said act to the filing, settlement, or purchase by the defendant or his grantor; and said claimant shall also file with the said decree and certificate a bill of the costs in such case, duly certified

by the judge and clerk of said court. Thereupon it shall be the duty of the Secretary of the Interior to adjust the amount due to each defendant on the basis of what he shall have paid, not exceeding three dollars and fifty cents per acre for the tract, his title to which shall have failed as aforesaid, and the costs appearing by the bill thereof sc certified as hereinbefore provided. He shall then make a requisition upon the Treasury for the sum found to be due to such claimant, or his heirs and devisees or assigns, and shall pay the same to him, taking such release, acquittance, or discharge as shall forever bar any further claim against the United States on account of the failure of the title as aforesaid: Provided further, That when any person, his grantees, heirs, assigns, or devisees, shall prove to the satisfaction of the Secretary of the Interior that his case is like the case of those described in the preceding portions of this act, except that he has not been sued and subjected to judgment as herein before provided, and that he has in good faith paid to the person holding the prior title by the grant herein referred to the sum demanded of him, without litigation, such Secretary shall pay to such person such sum as he has so paid, not exceed ing three dollars and fifty cents per acre, taking his release therefor as herein before provided.

SEC. 2. That the provisions of this act shall only apply to the actual bona fide settlers on the lands herein referred to, his or their heirs, assigns, or legal representatives, and no one person shall be entitled to the benafits of this act for compensation for more than one hundred and sixty acres of land: Provided, That all other persons who purchased any part of said land at one dollar and twenty-five cents per acre, and the money was actually paid into the Treasury, such person, his heirs, assigns, or legal representatives shall be entitled to repayment of the money so actually paid by them. Approved March 3, 1887.

Under the provisions of this act three classes of persons are entitled to reimbursement, viz:

1. All persons, their grantees, heirs, and devisees, who settled upon or purchased lands within the limits of the grant in question, and to whom patents have been issued, but against whom decrees have been or may hereafter be rendered by the United States circuit court on account of the priority of the railroad grant..

2. Any person, his grantees, heirs, assigns, or devisees, who shall prove to the satisfaction of the Secretary of the Interior, that his case is like those of the class above described, except that he has not been sued and subjected to judgment, and that he has, in good faith, without litigation, paid to the person holding the prior title by the railroad grant the sum demanded of him.

3. Only actual and bona fide settlers on the land referred to in the preceding sections, their grantees, heirs, representatives, or devisees, are entitled to reimbursement under the decree, not to exceed $3.50 per acre; but no one person shall be entitled to compensation at such rate for more than one hundred and sixty acres.

4. All other persons who purchased any part of said lands at $1.25 per acre, their heirs, assigns, or legal representatives, are entitled to repayment at $1.25 per acre, provided said money was actually paid into the Treasury.

In the execution of this act the following regulations are prescribed: 1. All applications under this act must be made in writing, and be signed by the party applying, and must describe the tract and designate the entry with certainty.

2. Claimants of the class first described must file copy of the decree, duly certified by the clerk and under the seal of the court rendering the same, to the effect that such a decree was rendered in a bona fide controversy between a plaintiff showing title under the grant, and a defendant holding the patent or holding by deed under the patentee, and that the decision was in favor of the plaintiff on the ground of the priority of the grant made by said act to the filing, settlement, or purchase by the defendant or his grantor.

3. Claimant must also file with said decree and certificate, a bill of costs in such case, duly certified by the clerk and under the seal of the court in which the decree was rendered.

4. Claimants of the second class will be required to furnish a certified copy of the record of the transfer from said company, or from the com. pany's grantee, with evidence that he has in good faith paid to the person holding the prior title, the sum demanded of him without litigation.

5. Claimants of the third class should apply for a refundment of purchase-money in accordance with regulations governing the repayment of purchase-money for lands erroneously sold.

6. When the grantee, assignee, or devisee of the original purchaser makes application under this act, he must in addition to the foregoing, show his right to receive the money by furnishing proper authenticated abstracts of title or the original deed or instrument of assignment, or of the will, or certified copies thereof.

7. When application is made by heirs, satisfactory proof of heirship is required.

8. When application is made by executors, the original or a certified copy of letters testimentary must accompany the application.

9. When application is made by administrators, the original or a certified copy of letters of administration must be furnished.

10. All parties who are entitled to repayment under the aforesaid act, will be required to execute a relinquishment, which must accompany the application, in the following or equivalent form:

Kuow all men by these presents, that I, -, of —, for aud in consideration of the sum of, to me paid by the United States, have released and forever discharged the United States from all claim of any kind, nature, and character whatsoever, by virtue of the act of Congress approved March 3, 1887; and that I am the identical party named in the decree, in the case of or who made said entry No. —, at Land Office, State of·

Two witnesses:

18.

On this day of, 188-, before the subscriber, a — in and for said county, personally came to me well known to be the person who subscribed the foregoing release, and who upon being duly sworn by me according to law on oath declared and acknowledged that had freely and voluntarily executed the foregoing release

and for the reasons stated; and at the same time came - residing at and also residing at —, each of whom being by me duly sworn according to law deposed and said, each for himself and not one for the other, that they well knew the person making the said release to be the individual described in the decree, or who made said entry and who executed the said release.

Subscribed, sworn to, and acknowledged before me this

188-.

NOTE.—This must be acknowledged before a clerk of a court or other officer authorized to take acknowledgements of deeds in the county where the lands are situated, whose official character and signature must be certified to by the clerk of a court of record.

Approved May 31, 1887:

H. L. MULDROW,

Acting Secretary.

HOMESTEAD-RESIDENCE-MILITARY SERVICE.

ELDOLPH LABARDIE.

In computing the term of military service to be deducted from the required period of residence the actual length of the service should be allowed as shown by the records of the War Department.

Acting Secretary Muldrow to Commissioner Sparks, May 4, 1887.

October 10, 1883, Eldolph Labardie made homestead entry No. 13,577 of the S. W. sec. 24, T. 134 R. 64, Fargo, Dakota. This entry was a transmutation from preëmption declaratory statement No. 13243 filed April 19, 1883, settlement alleged March 2, and residence alleged to have been established June 19, same year. December 13, 1884, he made final homestead proof under section 2305, U. S. Revised Statutes, claiming 3 years, 2 months and 29 days military service in the late war.

When the proof came up to your office it was, by decision dated August 20, 1885, held insufficient only as to the length of time claimant had resided upon his land. Your office allowed him residence from March 2, 1883, till December 13, 1881, a period of 1 year 9, months, and 11 days; and service in the army from February 12, 1862, till date of discharge, August 30, 1864, a period of 2 years 6 months and 25 days, aggregating 4 years, 4 months 6 days.

The main point upon which the appeal herein is based is that your office erred in not allowing claimant credit for his full military service. With the papers here, is filed claimant's original discharge dated August 31, 1864, showing that he enlisted in Co. "A" 7th Reg't Vt. Vols. Febru ary 5,1862, to serve 3 years or during the war, and was discharged from the service of the United States August 30, 1864, by reason of expira

tion of service. On the back of said discharge I find the following indorsement:

"WAR DEPARTMENT, ADJ. GENL'S OFFICE,

July 25, 1878.

The within named man was enrolled February 12, 1862, and mustered into service to date from June 1, 1861, for 3 years under the name of Eldolph Labardie.

S. N. BENJAMIN,

Asst. Adj Gen'l."

This paper was also before your office when the decision appealed from was rendered.

I think that claimant is entitled to credit for military service from June 1, 1861, till August 30, 1864, a period of 3 years 2 months and 29 days; and as your office gave him credit for 1 year, 9 months and 11 days actual residence upon his claim-thus making an aggregate period of 5 years and 10 days-I can see no objection to allowing his final proof.

Upon the only question raised by the appeal I reverse your decision in the case.

APPROXIMATION-SETTLEMENT BEFORE SURVEY.

LAFAYETTE COUNCIL.

Initiation of claim prior to government survey, extent of cultivable land falling within the lines of the claim as finally surveyed, and valuable improvements on each sub-division considered sufficient reasons for waiving the requirement of approximation.

Acting Secretary Muldrow to Commissioner Sparks, May 10, 1887.

By letter of November 13, 1885, your office suspended the pre-emption cash entry of Lafayette Council for the N. of the SE. and lots 2 and 3, Sec. 9, T. 153 N., R. 64 W., Devil's Lake, Dakota, containing 185.90 acres, for excess in area, and required the entryman to relinquish such legal sub-division not covered by his principal improvements, as would reduce the area to the legal maximum, or an approximation thereto.

It appears that claimant settled on January 4, 1883, and on January 7, 1884, made proof before the local officers and received cash certificate; that his improvements consist of a house, barn, well, and about thirty acres of breaking; that he made his filing before government survey, and in accordance with the lines of a private survey, for the N. of the SE. and the S. of the NE. of said section; that after said settlement the government survey was extended over said land, leaving said N. of the SE. unchanged, but making two lots of said S. of the