American watchman and Delaware advertiser. [volume] (Wilmington, Del.) 1822-1828, 1824-07-09


and the said court is hereby authorized and requl
red to hold and exercise Jurisdiction OF every peti
ton, presented in conformity with the provisions
this act, and TO hear and determine the same, on tn
petition in case no answer or answers be filed aite
due notice; or on the petition, and the answer
answers oil any person or persons interested IN pre-
venting any claim from being established; and tn
answer ofthe District Attorney the United States
where he may have filed an answer, according Il
the evidence which shall be adduced by the petition
err, by any person interested in preventing the de
cree of the court in favor of the title of the petition
er or petitioners, and by the United States in con
formity with the principles Of justice, and according
to the laws and ordinances OF the government un
der whichth claim originated, and the copy oi sucl
petition, with citation to any adverse possessor
Tor claimant, shall be served on such possessor, q
claimant in the ordinary legal manner OF seryn!
such process in the Stale OF Missouri. at least ut
teen days before the term oil the District Court q
1.-THE United States, to which the same is made re
tornabe. and in like manner, on the District Ator
lney of the United States, where the government /
interested IN the defence and il shall be the dutl
lof the United ates' Attorney for the District il
which the suit shall be instituted, in all canes WHERE
the United States are interested on account 9th,
public domain, to take notice OF each petition FLEE
under The provisions Of this act, in the sad district
and 10 make defence all just and proper occa
sions, in behalf OF the public interest.
Sec 9 mt BE- it further enacted, That every pc
Itiun which shall be presented under the provisions
Iol this act, shall be conducted according 10 th,
rules Of court oil equity, except that the answer OIL
The District Attorney Of the United States shall moi
|be required 10 be verified by his oath, and tried
without any continuance, unless Tor cause shown
and the said Court shall have full power aud au.
thority to near and determine all questions arising
enid ,l,t., -
he extent, locality. and boundaries ofthe said clain
or other matters connected Herewith, iii and prop
Ter 20 be heard and determined ard, by final de-
cree. TO settle and determine the question OF the
dlty OF the title, according to the law oi nations
the stpulalons any treaty and pro, eedings under
the same; the several acts OF Congress in relation
thereto; and the laws and ordinances OF The govern
nent from which it is alleged 10 have been derived
and all o'her questions properly arising between
he claimants aud he Unlted Sales winch decree
shall In all cases, refer 70 the treaty, law or or
dinancs, under which il is confirmed or decreed
against; and the Court may, al its discretion, order
disputed iacts TO be found by jury, according to
he regulations and practice OF the said Conr when
Arectltg issues in Chancciy before the same Court
md, N all cases the party Against whom tie judg-
ment Or decree Of the said District Court may be
analy given shall be entitled to appeal, within
one year from the time OF its rendition, to the SUI
prene Court Of the United States The decision OF
which Court shall be final and conclusive between
the parties and, should no appeal he taken. the
Judgment or decree oil the said District Cuuit shall,
~ like manner, be final and conclusive.
Sec. int be it .fnther eAactea, That the evil
dence which has been received by the different III
bnnals which have been constituted and appointed
by law to receive such evidence. and 10 report the
same 10 the secretary oil the Treasury, or TO the
Commissioner ot. the General Land Office, upon all
llaims presented to them. respectively shall be re-
celved and admitted in evidence for or against the
United Staes, in all trials under this act, when the
person tcsilyng is dead beyond the reach Of the
Courts process together with such other testmo-
ny as ii may be i'll the power Of the petitioner the
person or persons interested in the defence made
against establishing any Claim, the United States
Attorney, 10 produce and which shall be admissible
according 10 the rules OF evidence, and the prnci-
pies of law.
Sec. 4. md be it further enacted, That, n all
cases in which evidence shall be offered by the peti-
oner which has not been received by either oil the
tribunals constituted by law for that purpose il shall
be the duty OF the attorney of the United States for
me district IN which the suit shall be instituted or
any person interested in the defence may examine.
Or cause to be examined, the witnesses whether ex
anlned in court,or by commission under the author
ny thereof; and II shall be the duty Of the Com.
missioner OF the General Land Office Of The United
States, or the keeper OF any public records, who
may have possession Of the records and evidence
d the different tribunals which have been constitn
led by law for the adjustment Of land titles in Mis-
souri, as held by France, upon the application OF
any person or persons whose claim to lands has been
rejected by such tribunals, either Of them or on
the application of any person Interested, or by The
attorney of the United States for the district Of Mis-
souri,, to furnish copies Of such evidence, certified
under his official signature, with the seal Of Office
thereto annexed, if there be seal of office
Sec. s. find be 1t farther enacted, That, any
claim to lands, tenements, or hereditaments within
the purview OF this act, which shall not he brought
ey petition before the said courts, within two wears
from the passing OF this act, or which, after being
brought before the said courts, shall, on account Of