The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-01-28

on which il was founded This is the REQ son il the
petition be presented by the claimant II presented BY the
United States, il shall be accompanied by transcript OF
the report of the board OF commissioners. and OF The pa
peers and evidence which II was founded, and shall
uy and distinctly set forth The grounds upon which sand
claim 10 alleged to be invalid. 4 requires that copy OF
this pettioa il IL be presented by claimant, shall be
served on the district attorney OF the United States and II
presented behalf OF the United States shall DC served
The claimant his attorney and the party upon whom
such shall be made shall be bound to answer The
petition within time 10 be prescribed by The Judge OF me
district and the OF the CLAIMANT he Is the
individual upon whom the petition is served. shall sci
forth fully The nature OF the claim and The names OF Inc
original and present claimants, and shall contain de-
ragnnent OF the title But does not require The iran
script of the proceedings OF the board and documentary
evidence OF the witnesses because these are sci fort IN
the pet.oa filed in behalf Of the United States, TO which
this the answer that the whole proceedings are thus
before the board The of the district attorney In
behalf Of the United States II the petition be presented by
the CLAIMANT II is required shall July and distinctly SET
forth the grounds upon which the claim is alleged to be
invalid and il is required that copies OF these answers
shall be served upon the adverse party thirty days before
the meeting Of the court 70 which they are returned aad
that the case upon the petition and shall then stand
for hearing the next term OF The district COURT unless
that court for shown, shall direct that the same
shall proceed render judgment upon the peadings and
evidence 10 the case and upon such further evidence as
may be taken by order OF the court not throwing the case
open to the full examination Of witnesses by either par
ties after the publication OF the testimony shall have been
made but limiting the further evidence to such az shall
be ordered by the court in the exercise OF the discretion
on application Of the party against whom Judgment shall
be rendered 10 the district that court upon application OF
either party shall grant an appeal to the Supreme Court
of the United States payment OF such reasonable costs
shall be allowed by the court and on such security Tor
other costs the court shall prescribe u then proceeds
to declare the principles upon which the commissioners
and the district and supreme court IN acting upon SUCH
CLAIMS shall decide Il directs that the commissioner OF
the district and supreme court deciding on the validity
Of any claim brought before them unde, the p,ovs
Of Guadalupe Hidalgo, the law OF nations, the laws,
ussges, and customs OF the government IRON winch
,S Ss Ssesoas Of Se SUPREME Gou, Of Tie United
States. SO far as they are applicable me Dill then pro-
ceeds prescribe the terms upon which this review OF
the decisions OF the commissioners may be had before the
district and declares that TO entle either party
either the United States or the clamans-to review Of
the proceedings and the decision OF the commissioners
notice of The intention of such party 10 file petition TO the
district court shall be upon the journal record OF
the proceedings OF the commissioners within sixty days
after their decision the claim has been made and noued
TO purchaser, and that the petition, alter such NOTICE.
shall be led in The district within six months alter
the decision has been rendered Sixty days notice must
be given OF the Intention and SIX months are allowed lor
The filing OF the peti ton Then the bill proceeds TO say
that all lands the claims TO which have been hnay re-
eced by the commissioners in the manner herein provd
ed, which shall be finally decided to be Invalid by the
district supreme court, and all lands the claims to
which shall been presented TO the SAID comms.
soeefs within two years after the date of this act shall
be deemed held, and considered part OF the puohc
domain OF the United States and for all claims finally
rmed by the said commissioners, or by the addstc or
upreme patent shall Issue to the Claimant upon hs
presenting to the General Land Office an authentic ccrti
of such continuation and plat or survey OF the said
land duly certified and approved by the surveyor general
of California aad it shall be the duty OF the surveyor
general 10 all private claims which shall hnay
be confirmed be accurately surveyed and to furnish
plais of The same. And there may be conflict OF
boundary in the caims before the commissioners or be-
lore the courts, gives to the surveyor general OF Cai
orna the location Of these ands, the power and
authority conferred the register OF the land OIL
flee, and receiver OF the public moneys OF Lousana BY
~. ihn fh0
Of the public lands tor the State Of Louisiana appro
we'd 81 OF March, thousand eight hundred and thirty
one. is simply that in the event OF conl,c, ct bound
a.y ii the parties shall have agreed TO establish con-
ventons line, It shall be the duty OF the surveyor gene-
raj respect that line and TO confirm the line cstab
lished by agreement between the parties; and in the
of failure by the parties 10 make such an agree.
met, authonzes the surveyor general TO decide THIS
conflict OF boundary opoa principles OF equity and justice
further provision is deemed necessary This section
provides tor the issuing OF patent from the General
Land Oce in the event of the confirmation OF the title
OF private land Claimants upon the production OF hrs cef-
cate, and 70 survey the plat but inasmuch as The de-
cslon OF these OF the court, merely
to operate between the United States and the claim
ants, not as between individuals may happen hat al
ter confirmation, person. other than the individual
in whose and behalf the Claim was presented, and
at whose instance il has been confirmed may acGe
title to the land, the title to which has been thus con,
hrmed The bill then proceeds 10 provide, m the event OF
another person alleging title to land confirmed he
shall be authorized 10 present petition to the district
court Of the United States, setting forth his title distinct
" and plainly praying the said court to hear and deter
mine the copy OF the petition shall be served up
the adverse parties thirty days before the meeting OF
the to which II is reurnabe. and the subsequent
ngs thereon shall be the in the other
civil 1t invests the Judge OF the district court OF
the United States with power such cases. upon the PEE
on Of the party TO grant injunction to stop the ema
nation OF the patent until this conflict between ndvdu-
ais title shall have been determined by that court
copy OF which order being served upon the Commits
sioner of the General Land Otce the bill provides that
no patent shall issue until such decision be made. In
In the discussion which was had before the Senate
The other day, the Senate were informed that there were
cities and towns California to which lands had been
granted by the Spanish and Mexican Eovernmens and
the corporate suthoes OF these towns were authorized
10 to individuals grants tor FARMS building TO Sn
ots and for farm and pasture los The Judiciary Com
mittee believed il not proper 10 subject the ndl-
vdual lot holders to the necessity OF Rterposng this
claim for farm, town, or pasture lots deriving title
from the corporation. Ii would be sufficient II the
claim presented in the name OF the corporate
authorities 1t further appeared 10 the COMMITTEES that
OF land that has not been granted by the Spanish or
Mexican government, hut which has been granted to
ndivduasn fact, founders OF such town or village
which they hold and upon which property OF value has
been erected II seemed to the COMMITTEES that this also
required be provided for and therefore the object OF
this section OF the bill is declare in this case IL will
be sufficient II the claim be presented by the corporate
authority the city, town, village, or BY the individual
when the title IL derived from the individual under
whom the loholder holds and in order to give security
of those who, upon the faith OF these grants IRON The
Mexican government, who, relying upon the inai
viduai title under which the lot holders hold, have
The bill provides that the existence Of such village town.
mr. tin,v fhe 7th NJ Juy. shall be