The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-03-14

posed duties Fro long, we shall hope to meet
many OF you IN your respective neighborhoods and
avsia our ourselves OF your experience aud advice
IN erecting the objects IN view.
Very respectfully, your obedie ni servants,
REDICK McKEE,
GRo. w BARBOUR,
o. M. WozRscRAFr.
San Francisco, Jan. Is, 1851.
). So far as opportunities may serve, the
Commissioners will feel obliged if intelligent mi
ners, traders. &C., will take pains TO explain the
puTport OF this paper TO the chiefs and head men
of such tribes as they may meet.
The CaIsforaas Land Titles.
AN ACT TO ASCERTAIN AND SETTLE The PRIVATE
LAND CLAIMS IN THE STATE OF CALIFORNIA
Be II enacted by the Senate and House OF Rep.
resenta,ves of the United States of America, ia
Congress assembled, That for the purpose of as
cerainiDg and settling private land claims IN the
State OF California, commission shalt be, and is
hereby constituted, which shall consist of three
commissioners, to be appointed by the President
Of the United States, by and with the advice and
! consent of the Senate, which commission shall
continue for three years from the date of this ct,
unless sooner discontinued by the President of the
United States
See 2 And be it further enacted, That secre-
tary. skilled in the Spanish and English languages
shall be appointed by the said commissioners,
whose duty shall be to act as interpreter, and to
keep record of the proceedings of the board in a
bound book, to be filed in the office of the Secre
tary Of the Interior, on the termination Of the COM
mission.
Sec 3 And be it further enacted, That such
clerks, not 10 exceed five in number, as may be
necessary, shall be appointed by the said commits
sionera.
Sec. T. And be it further enacted, That it shall
be lawful for the President of the United States 10
appoint agent, learned in the law, and skilled in
the Spanish and English languages, whose special
duty il shall be to superintend the interests of the
United States in the premises, 70 continue him IN
such agency as long the public interest may, IN
the judgment Of the President, require his coRlnu-
ance, and to allow him such compensation as the
President shall deem reasonable. II shall be the
duty of the said agent TO attend the meetings of he
board TO collect testimony in behalf of The United
States, and to attend on all occ asions when the
claimant IN any case before the board shall take
dispositions; and no deposition talen by, or in be-
half OF, any such claimant, shall be re ad in evidence
in any case, whether before the commissioners or
before the District or Supreme Court of the United
States, unless notice of the time and place of taking
the same shall have been given in writing to said
agent or to the district attorney of the proper dis
trict, so long before the time of taking the deposit
ton as TO enable him to be present at the time and
place OF taking tho same; and like no;ice shall Be
given OF the time and place OF taking any deposit
ton on the part of the United States.
Sec. 5. And be il further enacted, That the
said commissioners shall hold their sessions at
such times and places as the President of the
United States shall direct, of which they shall
give due and public notice, and the marshal OF
The district in which the board is sitting, shall APP
point deputy, whose duty it shall be TO attend
upon tdlQ DOdI0, ana VINO endl It Celse the
same compensation az is allowed to the marshal
for his attendance upon the district court
Sec. 6. And be Il further enacted, That the
said commissioners, when sitting as board, and
each commissioner at his chambers, shall be, and
are, and 10 hereby, authorized to administer oaths
and to examine wtnt sses, in any case pending
before the commissioners; that all such testimony
shall be taken in writing, and shall be recorded
and preserved in bound books TO be provided for
that purpose.
Sec. I. And be it further enacted, That the &c
cretary of the board shall be, and he is hereby,
authorized and required. or the application of the
law agent or dis trict attorney OF the United States
or any claimant or his counsel, to issue wrlts OF
subpoena, demanding the attendance of witness
or Witnesses before the said board, or any commits
sioneT
Sec. g. Az be i further enacted. That each
and every person claimipg LANDS in California, by
virtue Of any right or title derived from the span
ish O. Mexican government, shall presentthe same
10 the sad commissioners when sitting as board,
together with such documentary evidence and tes
iimony OF witnesses The said claimant relies
upon in support OF such claim; and II shall be the
duty OF the commissioners. when the case is ready
tor hearing, 10 proceed promptly 20 examine the
SEINE upon such eyids nee. and ulon the evidence
produced in BE- half Of the United States, and 10 de-
cjde upon the validity Of the sad claim and, with
IN thry days after such decision 10 rend cred. 20
certify The same, with the reasons on which Il -
founGed, 10 The district attorney OF the United
States 10 and for the district il shish such de-
cIs On shall be rendered
sc =. Ara Oe IL t.rthSf cldtLe1s mar, IA all
csses OF the rejection or Confirmation OF any ciaim
by the Board Of Commissioners, Il shall ana may be
laviD for the claimant or the District Attorney, IN
behsf Of he uaited States, 10 present petition 20
the District Court of the district in which the land
claimed Is Situated. praying the said court 10 re-
view The decision Of the said commissioner, and
20 decide the validity Of such claim; aud such
petItioD, II presented by the claimant. shall set
iorth fully the nature OF the clan, and the names
OF The original sad present claimants, and shall
contain deraignmtn n Of the Claimants title, with
alrahscrpt of the report of the Board OF Commits
siOners. and OF the documentary evidence and tea
,noIy of The witnesses on which il was founded;
and such petition. II presented by the District Al
tor ~ iL hsha ofthe United States shall be ac-
comranied by transcript Of the report Of the Board
OF Commissioners, and OF the papers iad evidence
90 which il was found, 4, ana shall fully and dis
timely set forth The grounds on which The said
claim - alleged 10 b Invalid; copy OF which pe.
iiuop If the same shall be presented by clalmint,
shall be served on the District Attorney of the
United States; sad, Il presented IN behalf OF the
United States, shaii b. served on the claimant or
his attorney, and the party upon whom such ser.
vice shall he made, shall be bound 10 answer the
same within time % be prescribe BY the Judge
CT The District Court; on the answer OF the claiIa
ant TO such petition shall sat forth fully The nature
OF the claim, and the names Of the original and
present clsimante, and shall contain a deraignment
OF he claimants title; and the answer OF the Die.
trici Attorney in behalf Of the Units1 States shall
fully ard distinctly set forth The grounds which
the said claim is alleged TO be invalid, copes of
which answers shall be served upon the adverse
party thirty days before the meeting Of the court;
ard theTeupon at the first term Of the court there
alter, the ssid case shall stand for trial, unless
cause shown the same shall be continued BY the
court S-I
sec 10. And be IL further enacted. That the DIS.
.rct court shall proceed 10 render judgment upon
the pleadings and evidence iE the case, and upon
such further evidence az may be taken by order Of
The aid court. and shall, on application OF the
party against whom judgment l. rendered, grant
On appeal TO The Supreme Court Of the United
States on such security for cost in the dsirict aud
supreme CoUri, in case that judgment OF the dis
trct court shall be affirmed, the said court shall
prescribe. And IL the court sball be satisfied that
The parry desiriDg to appeal Il unable 70 give such
security, he appeal may be allowed Titsout secu
rty
Sec III Ard b. i fcrther enacted, That the
commisso herein provided for, and the district
ane Supreme Courts, m atci1lng the validity OF
any claim brought before them, under the Prov.
sons az this set shall be governed by the treaty Of
IIiAalsrn LauU ~ lie