Edwardsville spectator. [volume] (Edwardsville, Ill.) 1819-1826, 1824-08-10


should no appeal be taken, the judgment or
decree OF the said District Court shall, IN like
manner, be final and conclusive.
Sec. ). Ind be ii further enacted, That the
evidence which has been received by the diff
ftrent tribunals which have been constituted
and appointed by law TO receive such EVIL
dence, and toreport the same to the Secretary
OF the Treasury, or to the Commissioner OF the
General Land Office upon all claims presented
10 them, respectively, shall be received and
admitted in evidence for or against the United
States, in all trials under this act when the
person testlfying is dead, or beyond the reach
of the courts process; together with such
other testimony as it may be in the power of
the petitioner, the person or persons Interested
in the defence made against establishing any
claim, or the United States Attorney, to pro-
duce, and which shall be admissible, according
to the rules OF evidence, and the principles OF
law.
Sec. 4. Ind be it further enacted, That, in all
cases in which evidence shall be offered by the
petitioner, which has not been received by
either of the tribunals constituted by law for
that purpose, ii shall be the duty of the attor-
ney of the United States for the district in
which the suit shall be instituted, or any per-
son interested in the defence may examine, or
cause TO be examined, the witnesses, whether
examined in court or by commission under the
authority thereof: aud it shall be the duty Of
the Commissioner 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 OF the different tri-
bunals which have been constituted by law ior
the adjustment OF land titles in Missouri, as
held by France, upon the application Of any
person or persons whose claim to lands has
been rejected by such tribunals, or either OF
them, or on the application of any person in
terested, or by the attorney Off The United States
Tor the district OF Missouri, to furnish copies Of
such evidence certified under his Official sig
nature, with the seal Of office thereto annexed,
# there be u seal of Office.
Sec. S. .9,.d be it fntter enacted, That any
claim 10 lands, tehemeuts or Entertainments
wIthn the purview Of this act, which sha
not be brought by petition before the sad
courts. within two years from the passing OF
this act, or which, after being brought before
the SAID courts sia,l, OH accnuit of tiie neglect
or delay of the claimant not be prosecuted 10
a hpal decision within three years, shall be
forever barred, both at law and equity, and no
other action at common law, or proceedings in
equity, Shall ever thereafter be sustained in any
Sec. s. Ind be IL further enacted, That upon
the final decision OF any Cam prosecuted I'M
der this act, in ftvor Of the claimant or claim
ants, it shall and may be lawful for such cisln-
ant 10 demand and receive from the clerk Of
the court i'll which such final decision is bad, a
copy OF the decree in his, her, or their favor,
nnder the official signature OF the clerk, and
the seal of the court, it any seal belong to it.,
and deliver the same TO the sl.sevor Of pubic
lands for the state of Missouri, who shah, there
upon, cause the land specified in said decree TO
be surveyed, at the expense Of the parry md
duplicate pats and certificates of the sury ey,
80 made, TO be returned into his office. one OF
which shall remain in said Office, and the other
authenticated by the attestatiun and official sig
nature of the surveyor Of public lands shall be
delivered, on demand, 10 the pRTtv Interested
therein, and the same being presented to the
Commissioner Of the General Land Once, in
Washington City, shall euttle the party into .
rested 10 patent from the President u The
United States.
Sec. 7. Ind be il fl,sIer esceted, That in
each and every case in 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 cogiilable un-
der the terms OF this act, shall be barred by
virtue of the provisions contained therein, the
land specified in such claim shall, forthwith. be
held and taken as part OF the pubic lands Of
the United States, subject to the same DISPOSE
tomas any other public land in the same 1istrici.
Sec. 8. .7ad BE- fisrtier enacted, That the
clerk of said court SHALL and he is hereby d.
rected, when any petition of claim is filed, uu.
der the provisions Of this act, before any pro
ceedings thereon, to require good and s'ltii-
cient security for all costs and charges which
NAV accrue thereon in prosecuting the same
to final decree and the district attorney
clerk, marshal, attending witnesses and jurors
shall severally be allowed such fees for their
services and attendance as may be allowed by
law for the like services and attendance in the
district court of Missouri TO be paid by the
party calling for such service or attendance.
except where the petitioner or petitioners fail
to prosecute his her or their suit or claim to
final decree, or to obtain final decree in his.
her or their favor, or where any such title or
or claim NAV have been presented to the com
missioner or the register and receiver, acting
as commissioners, for the examination of titles
and claims to land in said district, and by them
has been reported unfavorably on, in all Of
which cases, all cost, charges, and expenses Of
such prosecutions shall be paid by the petit
toner or petitioners; that the clerk of the
court in which the final decree shall be
had, shall be allowed one dollar and fifty
cents for the official copy Of such final decree
that the surveyor OF public lands shall be al
lowed one dollar for each Of the official certi-
fcates required Of him, and the keeper Of the
records and evidence taken under former
acts of Congress, for the adjustment of land
for every hundred words contained in any such
,vr;ttov ev,Jeuce of thar rlairn IN bo V.;J Ia,