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Witness Testimony, Will Day, page 3

Scanned image of form. See description for text.

QUESTION 10. (a) Have you personal knowledge, from your own observation, that claimant and his family (if any) actually resided upon and cultivated this land each year in accordance with your above testimony? ANSWER. I have. (b) How many times each year have you seen this land, and the claimant and his family residing thereon; and what other personal knowledge have you upon which your answers are based? ANSWER. I have seen the claimant and family living on this land every day or so. QUESTION 11. Are you interested in this claim, or related to the claimant? If so, how? ANSWER. No. No relation. [signature] Will Day (Sign plainly, with full Christian name.) NOTE 1.—The officer before whom the proof is made will see that all the answers are complete and responsive to the questions. NOTE 2.—The officer before whom the deposition is taken should call the attention of the witness to section 5392 of the Revised Statutes (below), and state to him that it is the purpose of the Government, if it be ascertained that he testifies falsely, to prosecute him to the full extent of the law. I HEREBY CERTIFY that the deponent was examined separately and apart from the other witnesses in the case; that the foregoing deposition was read to or by the deponent in my presence before deponent affixed signature thereto; that deponent is to me personally known (or has been satisfactorily identified before me by [blank]); that I verily believe deponent to be the identical person hereinbefore described, and that said deposition was duly subscribed and sworn to before me at my office, in PIERRE, S. D., within the PIERRE, S. D. land district, this [blank] day of DEC 22 1911 [signature] John L. Larchhurt Register (Official designation of officer.) REVISED STATUTES OF THE UNITED STATES. TITLE LXX.—CRIMES.—CHAP. 4. SEC. 5392. Every person who, having taken an oath before a competent tribunal, officer, or person, in any case in which a law of the United States authorizes an oath to be administered, that he will testify, declare, depose, or certify truly, or that any written testimony, declaration, deposition, or certificate by him subscribed is true, willfully and contrary to such oath states or subscribes any material matter which he does not believe to be true, is guilty of perjury, and shall be punished by fine of not more than two thousand dollars, and by imprisonment, at hard labor, not more than five years; and shall, moreover, thereafter be incapable of giving testimony in any court of the United States until such time as the judgment against him is reversed. (See Sec. 1750.) NOTE.—In addition to the above penalty, every person who knowingly or willfully in anywise procures the making or presentation of any false or fraudulent affidavit pertaining to any matter within the jurisdiction of the Secretary of the Interior may be punished by fine or imprisonment. c 6—1532

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Homestead National Historical Park, Code: HOME

Sully County, South Dakota
Latitude: 40.2879981994629, Longitude: -96.8339004516602

Homesteader Case Files

10/12/2018

01/01/1911 - 12/30/1912

Land Entry Case Files: Homestead Final Certificates. Record Group 49: Records of the Bureau of Land Management. National Archives and Records Administration.

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Organization: Homestead National Historical Park
Address: 8523 W State Hwy 4, Beatrice, NE 68310

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