The republic. [volume] (Washington [D.C.]) 1849-1853, 1851-03-11

thirty days before the meeting of the court; and
thereupon at the first term Of the thereafter,
the said case sha stand for trial, unless cause
shown the same shall be continued by the court.
SEC. 10. Ind be IL further enacted That the dis
trict court shall proceed 10 render judgment upon
the pleadings and evidence in the case, and upon
such further evidence as may be taken by order Of
the said court, and shall, on application OF the
party against whom judgment is rendered, grant
an appeal to the Supreme Court OF the United
States such security for costs IN the district ana
Supreme Court in case that jud gment OF the dis
trict court shall be affirmed the snid court shall
prescribe. And if the court shall be satisfied that
the party desiring TO appeal Is unable to give such
security, the appeal may DC allowed WITHOUT Sc
c0rity.
missoners herein provided for and the district and
Supreme Courts, deciding on the validity oil any
claim brought before Them under the provisions Of
this shall be governed by the treaty OF Guadalupe
Hdalgo, the law of nations, the laws, usagcs, and
customs Of the government from which the claim
ia derived the principles of equity and the deci-
sions of the Supreme Court of the United States,
far as they are applicable.
SEC. IL. And be IT, further enacted, That, to ontite
either party to a review OF the proceedings and de-
cison Of the commissioners hereinbefore provided
for, notice Of the intention of such party to file
petition to the district court shall be entered the
soners within sixty days after their decision the
claim has been made and notified TO the parties;
and such petition shall be filed in the district court
within six months after such decision has been
rendered.
SEC. ID. And be it further enacted, That all
lands, the claims to which have been finally reject
ed by the commissioners in manner herein provid-
ed, or which shall be finally decided to be in
valid by the district Supreme Court and all
lands, the claims to which shall not have been
presented to the said commissioners within
two years after the date Of this act, shall be
deemed, held, and considered part of the public
domain Of the United States; and for all claims
finally confirmed by the said commissioners, or by
the said district or Supreme Court. patent shall
kk~
eral Land Office authentic certificate of such
confirmation and plat or survey OF the said land
duly certified and approved by the surveyor gene
raj Of California, whose duty il shall be to all
private claims which shall be finally confirmed to
be accurately surveyed. and to furnish pats of the
same and, in the location OF the said claims, the
said surveyor general shall have the same power
and authority conferred on the register of
the land office and receiver of the public moneys of
louisiana by the sixth section of the act to create
the Office of surveyor Of the public lands for the
State of Louisiana" approved third March, one
thousand eight hundred and thirty Provided
ai,cnvs That If the title Of the claimant to such
lands shall be contested by any other person, it
shall and may be lawful for such person to present
petition to the district Judge Of the United States
for the district in which the lands are situated,
plainly and distinctly setting forth his title thereto,
and praying the said judge to hear and determine
the same; copy OF which petition shall be served
upon the adverse party thirty days before the time
| appointed for hearing the came: And provided fur
Tier That it shall and may be lawful for the dis
trlCt Judge oil Inc Onlted bSHIe6 upon INC
of such petition to grant injunction TO restrain
| the party at whose instance the claim to the said
! lands has been confirmed from sueing out patent
for the same, until the title thereto shall have been
/ finally decided; copy Of which order shall be
| transmitted to the Commissioned of the General
] Land Office, and thereupon patent shall issue
unit, such decision shall be made, until sufficient
| time shall, In the opinion of said judge, have been
allowed for obtaining the came; and thereafter
| the said injunction shall be dissolved.
SEC. a. ,4nd be il further enacted, That the pro-
visions Of this act shall not extend to any town lot,
| farm lot, or pasture lot, held undSr grant from
arv corporation or town to which lands may have
been granted, for the establishment of town, by
| the Spanish or Mexican government, or the lawful
authorities thereof, nor TO any city, or town. or VII
| iage lot, which city, town, village existed on
the seventh day of July, eighteen hundred and
forty six but the claim for the same shall be pre-
scented by the corporate authorities OF the said
| town; or whercsthe land which the said city,
town, or village originally granted to an ind-
vidual, the claim shall be presented by or In the
name of such individual, and the fact OF the exist-
of the said city, town. or village, on the said
seventh July, eighteen hundred and forty-six be-
ing duly proved shall be prifna faec evidence OF a
grant to such corporation, 10 the individual I'M
der whom the said lot holders cain And where
any city, town, village sgd he IN existence at
the time of passing this act the claim for the land
embraced within the limiis OF the same may be
made by the corporate authority OF the said city,
town, village.
SEC. l5 And be it further enacted. That the final
DEGREES rendered by the said commissioners, or by
the district Supreme Court OF the United States,
any patent to be issued under this act shall be
conclusive between the United States and the said
claimants only, and shall not affect the interests Of
| third persons.
SEC. 16. 4nd be IL vfhr enacted, That 1t shall he
the duty of the commissioners herein provided for
to ascertain and report to the Secretary of the In
terror the tenure by which the mission lands
held and those held by civilized Indians, and those
who engaged in agriculture, or labor Of any
kind, and also those which are occupied and Guilt
waited by pueblos rancheros Indians
SEC. II. Ind be IL further enacted, That each
commissioner appointed under this net shall be al
lowed and paid at the rate of elk thousand dollars
per nnnum; that the secretary of the commission
ers shall be allowed and paid at the rate of four
thousand dollars per annum; and the clerks herein
provided for shall be allowed and paid at the rate
Of one thousand five hundred dollars per annum
The aforesaid ealnries to commence from the day
of the notification by the commissioners of the first
meeting of the board.
SEC. is. And be il further enacted, That the
rotary of the board shall receive fee except for
furnishing certified copies of any paper or record
and for Issuing writs Of subpoena. For furnishing
certified copies of any paper record, he shall
ceive twenty cents for every hundred words, and
for issuing writs of subpoena, fifty cents for each
witness; which fees shall be equally divided be-
tween the said secretary and the assistant clerk.
Approved, March 3, 1851.