The Virginian. [volume] (Lynchburg [Va.]) 1822-1829, 1824-09-10

Together With such othrr testimony "a IL
may be IN the power of the petitioner, ihr
persun OF persons Interested in the defence
made against establishing any claim, or the
United States Attorney, to produce, anil
which shal, he admissible, according In tii,
rules of evidence, and the principles ofIaw.
See. q. lind be II further .naoied, That,
in all cases in which evidence shall be- of
Tered by The petitioner, which has not been
receive by silher of the Il ii,uuals consii
tatrd by law for that purpose, il shall be
the duty OF the attorney of the Clited
States tor thu district in which the suit
shall be- instituted, or any person Interested
IN the defence may examine, or ca,isc tn
be examined, the wlnrsses, whether eva
mined in court, III by commission under
the authority ihrr.nf aud il shall br III.
duty of the Commissioner of the General
Land Office of thc uaitcd States, or the
keeper ut any public records, who may have
possession of the records aud evidence Of
the different tribunals wlicf, have been
constituted by law ior the adjustment of
land titles IN Missouri, AS held by France,
upon the application of any person or per
SONS whose claim 10 lands has been eject
ed by such tribunals, ar either Of them, or
on the application of any person Interested,
or by the a%ttorne, Of the United States for
the district of Missouri, to furnish copies of
such evidence, certified under his official
signature, with tire seal of office thereto
annexed, if there be- n seal OF Office.
Sec. s. Ind be IL further enacted, That
any claim 10 lands, ~teneinents, or leredi-
tanients within the puryiew Of this act
which shall mol be- brought by petition be.
fore the said courts, within two ycars from
the passing of tins act, or which, aztec BIZ
ing brought before the sand courts, shall,
ON account NJ the neglect or delay Of the
claimant, not be prosecuted To n final dc
cision wiihln three years, shall be- forever
barred, both AT law and equity, aud no
other action, AT common law, or proceed
ings in equity, shall ever thereafter he sus-
tanned IN any court whatever, IN relation 10
SAID claims.
Sec. G.. And be II further enacted, That
upon the fnal decision of any claim pro
secuted under this act, in favor III the
claimant or claimants, il shall and may be
laMfu for sach claimant to demand, and
from ilp clerk oflhe court in which
SUCH final decision is bad, a copy of the
decree in his, her, or their f,vor, under the
bl1Ctak SiEhstihtt vi III oAN ~ SN|'
of the court, fany srih belong 10 IL, and
deliver the same To the surveyor of public
for the state al Museum, wtfo shall,
therelpen, cause the land specified in said
decree, To he Surveyed, at the expense Of
the party ; aud duplicate plats, aud crrii
icates OF the survey, so made, 10 be re.
turned into his Office, one of which shall
remain in said Office, ant the other, an
thenticaied by the attestation aud Official
signature 0tthe surveyor Of public lands,
shall be delivered, on demand, To the party
interested therein, and the same being
presented To the missioner of the
General Land Office, in Washington City,
shall entilir the p,ity interested to Il patent
from the President of the United States.
Sec. 7. ind be 1t further enacted, That
in each and every case III which any claim,
tried under the provisions Of this act, shall
be finally decided against The claimant, and
In each and every case IN which any claim
cogniz lblr, under the terms of tins act,
shall be barred by virtue of the provisions
continued therein, the land specified in
such claim shall, forthwith, be held and
taken as a part of the public lands OF the
United States, subject Ia the same dispo-
sition as any other public land IN the same
district.
Sec. o. Ind be II further enacted, That
the Clerk of said Cuart shall, and he Is
hereby, directed, when any petition of
claim is filed, under the provisions of this
act, before amy proceedings thereon, to re
quire good and sufficient security FOR all
cost and charges which may accrue there
on in prosecuting the same To IA final DE-
o..n md tho Il,stricf AtfnrpnV (IYrk
Marshal, attending Witnesses, aud jurors,
shall se,erally be allowed such fees for
their services aad attendance as may br
allowed by law for the like services and
attendance in the District Court of the
state of Missouri, To be paid by the part,
calling for such service or attendance, cx-
cci,t where the petitioner or petitioners
fail Ia prosecute his, her, or their SUIT, or
claim to IA final degree, or In obtain - bnal
decree in his, her, or their favor, or where
any such title or claim may have been pre-
sentrd to the Commissioned or the Regis.
ter and Rec, liver, acting as commissioners
for the examination of titles aud claims Ia
land in said district, and by them has been
reported unfa,orahly on, in all OF which
cases, all cost, charges, mt expenses 0i
such prosecutions, shall be paid by fhe pc.
titioner or petitioners that the Clerk OF
the Court, in which the fnal deere shall
be had, shall be allowed one dollar an!
fifty cents for the official copy of such
final decree ; that the Surveyor OF Public
Lands shall h~ allowed one dollar fur each
ot the official certificates required of him,
aud the keeper ofth. records and evidence
taken under former acts of Congress, Ion
the ad% justnent of land titles, shall be al.
lowed at the rate of ten cents for every
| hundred words contained in ANY sucli
written evidence of their claim, to be- paid
by the party applying therefor.
Sec. 8. Ind be Il further enacted, That
it shall be the duty of the Attorney of the
United States for the district in which the
suits authorized by this act shall be lnsil'nt'
ed, in every ease where the decision IS a