Regulations Respecting Evidences of Titles.
the will and the probate must be shown, and if the devisec is not named, proof of his identity will be required.
VIII. Where it has descended from an intestate ancestor to his heirs, satisfactory proof of the condition and number of the decedent's family must be given.
IX. If the estate has passed by a judicial sale, or by a sale under the order of any court, or if it has been divided by proceedings in partition, the regularity of the sale or partition must be shown by a copy of the record.
X. The foreclosure of a mortgage can be shown only by an authentic copy of the proceedings had for that purpose. XI. When the wife of a grantor has not joined in a deed, some evidence must be given that he was unmarried at the time, or that his wife is since dead.
XII. If the grantor be a woman, it must be shown that she was unmarried at the date of the deed from her.
XIII. When a deed is executed by the heirs of a person within twenty-one years after his death, evidence will be required to show that they were of full age at the time of the grant.
XIV. When the title has passed through a corporate body, the charter must be produced, and the authority of the officer who granted away the estate must be shown.
XV. When the estate has been conditional, it will be necessary to furnish clear proof that the conditions have been fulfilled or lawfully excused.
XVI. When the title depends on statute law, other than the public laws of the United States; upon a local law, differing from the general rule of the common law; upon a public document, or upon history, the books relied on to establish it should be accurately referred to, and the page noted.
XVII. Presumptions arising from lapse of time will be allowed the weight given to them by the judicial tribunals of the State where the land lies. An apparent defect in an old deed need not be explained, if the possession of the property has been according to such deed for thirty years or upwards.
Regulations Respecting Evidences of Titles.
XVIII. A title offered to the United States will not be regarded as invalid on account of an outstanding title which has been barred by a legal limitation. But in all cases where time is relied on to extinguish an outstanding title, the party must show by clear proof, not only an adverse possession for the full period, but also that there are no persons who have rights that may be saved by exceptions to the statute.
XIX. Before sending the papers to this office for examination, they should be submitted to the attorney of the United States for the district in which the land lies. It will be his duty to certify an opinion on the whole title, and to state particularly whether the local laws are correctly given, the papers properly authenticated, and the facts established by satisfactory proof.
ACCOUNTS AND ACCOUNTING OFFICERS.
1. An Indian agent while in the service was robbed and murdered. He
was behind in his accounts, but Congress, taking no notice of these
facts, directed that his widow should be paid two thousand dollars, as
indemnity for the money of which he was robbed and as pay for his
undrawn salary: Held, That,
(a.) The widow is entitled to the whole two thousand dollars, Con-
gress having declared that she should have it.
(b.) His sureties may, nevertheless, deduct the amount of his un-
drawn salary from the amount for which it may hereafter
appear that they are liable, 43.
2. The Third Auditor, in adjusting, under the act of 1849, a claim for the
value of a horse lost in the service of the United States, has the right
to go behind the settlement of the paymaster, after the Second Comp-
troller's approval thereof, 151.
3. The act of Congress does not confer upon the Auditor a general power
of revision over all the accounts of the claimant, and over all pay-
ments allowed to him for forage, for other horses than the one dead,
lost, or abandoned. Ibid.
4. Under the act of May 4, 1857, for the relief of the Clerk of the House of
Representatives, that officer is entitled to credit only for those extra
allowances that were both authorized by the House and approved by
the Committee of Accounts, 172.
5. An accounting officer has undoubted power to disallow a fee charged by
a person who is not an officer, and who had no right to perform the
services for which he seeks to be paid, 268.
6. Under a joint resolution of Congress, directing the head of a department
to adjust certain accounts, his authority and duty are confined to the
accounts specified, 270.
7. Under the act of March 3, 1859, appropriating for the payment to the
State of Minnesota, for expenses incurred by Captain Starkey's com-
pany of Minnesota volunteers, called out by the Governor of the
Territory, a sum of money, or so much thereof as may be necessary,
the accounting officers of the Treasury are to determine, before any
payment is made, what amount the State is entitled to receive, 395.
8. The act of May 9, 1860, authorizing the Third Auditor to cause the
account of George Stealy to be settled on principles of equity and jus-
tice, gives exclusive jurisdiction over the subject-matter to that officer,
without any appeal to the Secretary of the Treasury, 430.
9. The requirement that the settlement should be made upon satisfactory
"vouchers," does not preclude the introduction of any kind of evi-
dence, showing that the party is entitled to the credit he demands.
Ibid.
10. "Justice" in statue means legal justice, and" Equity" means that
modification of rigid legal rules which a chancellor would apply to
the matter. Ibid.
11. The joint resolution of June 15, 1860, relating to the settlement of the
account of W. H. De Groot, makes the Secretary of War a judge
ACCOUNTS AND ACCOUNTING OFFICERS (Continued.)
between De Groot and the Government, with power to see him paid
the money actually expended by him, and to indemnify him for such
other losses, liabilities, and damages as he had suffered or incurred.
479.
12. Congress having declared that he should be paid his expenses, the Sec-
retary has no authority to inquire whether he had any legal right to
that reimbursement or not, but simply to ascertain the amount. Ibid.
13. In ascertaining the other losses, the Secretary is confined to the prin-
ciples of justice and equity, and cannot make an allowance for any
thing but an infraction of his legal rights. Ibid.
14. Justice is law. Equity is law, with that modification of legal strictness
which a chancellor administers, but it never includes the recognition
of an essential right which the law does not sanction. Ibid.
15. If De Groot had a valid subsisting contract which the Government re-
pudiated without cause, he is entitled to all the gains he would have
made by its completion. Ibid.
16. The Government having made a contract with certain parties, (Degges
and Smith,) for whom others (Mechlin and Alexander) became sure-
ties, and the principals having failed, the sureties employed De Groot
as their agent to execute the contract, and gave him authority to
receive the price of the brick in their names, without any assignment
of the contract: it was held, that De Groot was not made a contractor
with the Government, and had no right, as against the United States,
to the profits of the contract. Ibid.
17. On March 3, 1857, by effect of the joint resolution of that date, the
contract for manufacturing brick for the Washington aqueduct was
rescinded, with the full consent of all parties concerned; and the Gov-
ernment was thereby released from obligation to pay for any bricks
which the parties could have made after that date. Ibid.
18. The accounting officers had no authority in 1850 to reopen the ac-
counts of Captain Heintzelman without his consent, after they had
been finally and conclusively settled by the proper department in
1847, and charge him with a sum of money behind his back and
without notice to him, 505.
1. The acts of Congress, as they stand approved by the President, and
enrolled in the Department of State, are conclusive evidence of the
written law, 1.
2. Neither the journals of Congress, nor any other species of extrinsic evi-
dence, can avail to strike anything out of the acts passed, or inter-
polate anything into them. Ibid.
3. Where an act of Congress was passed, approved, and enrolled, requir-
ing payment of money out of the treasury to a citizen, such payment
cannot be refused on the ground that the law as it passed was coupled
with a condition which, by accident or design, was left out of the
enrolled bill. Ibid.
4. Where the Secretary of the Treasury suspended the execution of a law
for that reason, and the party entitled to the money made an abortive
attempt to comply with the alleged condition, he was not thereby pre-
vented from afterwards demanding his rights according to the law as
it stood enrolled. Ibid.
5. Where the expressed object of suspending the law was to give Congress
an opportunity to correct the supposed error or fraud, and three ses
sions of Congress passed without such correction, after the facts were
communicated to both Houses, the law ought to be executed without
further delay. Ibid.
6. An act of Congress which authorizes payment to an officer for his ser-
vices from the 1st day of January, 1835, to the 30th of June, 1838,
will not authorize a payment for service rendered in 1858, however
ACTS OF CONGRESS (Continued.)
probable it may be that the word "thirty" was written by mistake
for "fifty," 50.
1. When there is a vacancy in the office of district judge, the circuit judge
cannot designate a district judge to hold court in that district, the act
of Congress only authorizing such designaton in cases of sickness or
other disability, 131.
1. An appropriation of $200,000 for providing arms and equipments for
the whole body of the militia, either by purchase or manufacture,
authorizes the use of the money in the manufacture of arms at the
national armories, 16.
2. The fourth section of the appropriation act of June 14, 1858, does not
affect the carrying of mails destined for ports of the United States, and
not subject to sea postage, 179.
3. The third section of the act of June 14, 1858, appropriating, for trans-
portation of the mails from New York, via Southampton, to Havre,
during the year ending June 30, 1859, any money in the treasury
arising from the revenues of the Post Office Department, has no appli-
cation to a contract made subsequently to the date of the act; but
payment for service under such a contract may be made out of any
unappropriated moneys under the fourth and fifth sections of the stat
ute, 340.
4. Where an act of Congress authorized the Secretary of War to report
how much was due to a claimant, not exceeding twenty-five thousand
dollars, and directed the amount to be paid out of the treasury, and
the then Secretary of War reported as due to the claimant the sum of
eighteen thousand dollars, which was paid: it was held, that the ap-
propriation was exhausted when the amount awarded was paid, and
that a succeeding Secretary had no jurisdiction to award the claimant
an additional amount, 451.
1. Assistant professors at the Military Academy are entitled to the " quar-
ters" of captains, 284.
2. The word emolument," in our military statutes, includes every
allowance or perquisite annexed to an office, for the benefit of the
officer, and by way of compensation for services. Ibid.
3. An assistant quartermaster, with the rank of captain, appointed under
section 10 of the act of February 11, 1847, is entitled to the compensa-
tion previously provided for that grade, and not to that of regimental
quartermasters appointed under section 4 of the act of 1847, 285.
4. The two regiments of cavalry, raised under the act of March 3, 1855,
are a distinct arm of the service, and as such regulate promotions
therein, 293.
5. An officer on the duty of awaiting further orders is to be regarded as
under orders in the line of duty, and is entitled to commutation for
quarters and fuel under the general Army Regulations, 376
1. The opinion of the Attorney General, addressed to the Secretary of the
Navy, is merely advisory, and cannot be regarded as a determination
of the case to which it refers, unless it appears from the record that
the Secretary has adopted the advice it contained, 32.
2. It is the rule of the Attorney General's office to give advice to an exec-
utive department only in actual cases, where the special facts are set
forth by the department, 82.
3. The Attorney General is not required to write abstract essays on any
subjects. Ibid..
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