The republic. [volume] (Washington [D.C.]) 1849-1853, 1851-03-11
No. 29.1


Approved, March 8, 1851.
[PUBLIc-No. 1871
AN ACT to ascertain and settle the private LAID
claims in the State of California.
Be il enacted bu the Senate and House Of Rere-
sentatires Of the United States of America in Con-
gress assembled, That for the purpose Of ascertain
ing and settling private land claims in the State of
California commission shall be, and ia hereby
constituted, which shall consist of three commits
sioners, 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 act unless
discontinued by the President Of the United States
SEC. 9. And be ii further enacted, That secre-
tary, skilled in the Spanish and English languages
ehall be appointed by the said commissioners, whose
duty shall be to act interpreter, and to keep
record Of the proceedings of the board in bound
book to be filed in the Office of the Secretary Of the
Interior the termination of the commission
Sec B. Ind it further enacted, That such clerks,
not to exceed five in number, as may be necessary,
shall be appointed by the said commissioners.
SEC. A. And be IL further endcted, That it shall be
lawful for the President of the United States to APP
point agent learned in the law, and skilled III
the Spanish and English languages, whose special
duty it shall be 20 superntend the interests of the
United States in the premises, to continue him in
such agency ne long the public interest may, in
the judgment of the President, require his contn-
uance, and 10 allow him such compensation the
President shall deem reasonable. II shall be the
duty of the said agent to attend the meetings Of the
board, to collect testimony in behalf OF the United
States, and to attend all occasions when the
claimant in any before the board shall take
dispositions; and no deposition taken by, or in be-
half Of any such claimant shall be read in evidence
in aEy 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, to the district attorney Of the proper dis
trct, long before the time OF taking the deposit
ton to enable him to be present at the time and
place of taking the same; and like notice shall be
given of the time and place Of taking any deposit
ton on the part of the United States.
Sec. And be ii further enacted, That the said COM
mssoners shall hold their sessions at ouch times and
places the President of the United States shall
direct Of which they shall give due and public no
tice, and the marshal of the district in which the
board is sitting shall appoint deputy whose duty
it shall be to attend upon the said board and who
shall receive the same compensation as 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 board, and each
commissioner at his chambers, shall be, and are,
and is hereby, authorized to administer oaths, and
TO examine witnesses, in any case pending before
the commissioners; that all ouch testimony shall be
taken in writing, and shall be recorded and pre-
served in bound books to be provided for that pur
pose.
SEC. I. And be it further enacted, That the Sec
rotary of the board shall be, and he is hereby, au-
thorized and required, on the application of the
law agent, district attorney of the United States
of any claimant or his counsel to issue wrts OF
eubp9na, demanding the attendance of a witness
witnesses before the said board, any commits
sioner.
SEC 8. -And be IL further enactsd, That each and
every person claiming lands in California by virtue
Of any right or title derived from the Spanish or
Mexican government, sbali present the same TO the
said commissioners when sitting a board toge-
Their with such documentary evidence and testimo-
ny Of witnesses the said claimant relics upon in
support Of such claim; and ii shall be the duty Of
the commissioners, when the case is ready for hear
ing, to proceed promptly 10 examine the same up
on such evidence, and upon tho evidence produced
in behalf of the United States, and TO decide upon
the validity of the said claim, and, within thirty
days after such decision ia rendered. TO certify the
same, with the on which ii is founded, to
the district attorney of the United States in and for
the district in which such decision shall be rem
dered.
SEC. 9. And be IL further enacted, That, in all
cases OF the rejection confirmation of any claim
by the Board OF Commissioners, il shall and may
be lawful for the claimant the district attorney
in behalf of the United States TO present petition
10 the district court OF the district which the land
claimed 10 situated, praying the said court TO re-
view the decision Of the said commissioners and
to decide ON the validity OF such claim; and such
petition, if presented by the claimant, shall set
forth fully the nature of the claim, and the names
of the original and present claimants, and shall
contain q deraignment of the claimants ttie with
n transcript of the report Of the Board Of Comms-
sioners, and Of the documentary evidence and tes-
timony of the witnesses which il founded;
ard such petition. If presented by the district
torney in behalf Of the United States, shall be ac
companied by Transcript of the report OF the Board
of Commissioners, and of the papers and evidence
on which il was founded, and shall fully and dis
tiuctlv set forth the grounds on which the snid
claim IL alleged 10 be invalid copy Of which pc
ttion if the same shall be presented by claimant,
shall be served the district attorney of the Uni
ted States; and If presented in behalf OF the United
States shall be served the claimant or his attor-
ncy, and the party upon whom such service shall
be made shall be bound 10 the same within
time TO be prescribed by the judge Of the district