Arkansas true Democrat., 1858-06-01
NO. -34.

oEo. f. And 6e H JHtAer enacted, That wherever the commissioner of the general land o1hce shall approve the report of the said con- mlssloners, in cases embraced in said class nuna- Der one, such approval shall be final, and patents of relinquishment therefor shall issue in favor of the claimant; Provided, Aoiceuer, That such claim shall not be so finally approved and pat ented for aquantity exceeding one square league; and whenever the said commissioner shall ap- prove the report of the commissioners in cases embraced in class number tco, he shall report the same to Congress for its action, together with all such cases embraced in class number one as claim confirmation of the excess in quantity over one square league; and whenever the said commissioner shall approve the report in cases embraced in class number three the re- jection of the claim so acted on shall be final and conclusive, and the land embraced within the claim shall be considered and treated as other public lands belonging to the United States.
 SEs. 5. And be St ftrthe, enacted, That all claims comprehended within any of the three classes aforesaid, on which there shall be disap- proval by the commissioner of the report made by the boards of commissioners aforesaid, shall be reported to Congress for its action and final decision thereon
 SEo 6. And be t further enacted, That when- ever 1t shall appear that lands claimed, and the title to which may be confirmed under the pro- visions ot this act, have been sold in whole or in part by the United States prior to such con- hrmatlon, the party in whose favor the title is confirmed shall have the right to enter upon any of the public lands of the United States quantity of land equal in extent to that sold by the government; Provided That said entry be made only on lands subject to private entry at one dollar and twenty-five cents per acre, and in legal divisions and subdivisions ac- cordlnS to the surveys made by the United States.
 SEC. z. And JeH f,utHer enacted That when ever any claim is presented for confirmation under the provisions of this act, which has heretofore been presented before any board of commissioners under authority of Congress, the facts reported as proven by the former board shall be taken trre prilna .tucie: and the evil dence offered before such former board, and re- maning of record, shall be admitted on the examination of the claims made under the pro- visions of this act.
 SEC. $. And Je it flnthef enacted, That no land claimed under the provisions of this act shall be offered for sale, or otherwise disposed ot by the officers of the United States until the final decision shall be made on the validity ot such claim; ant in no case where land is possessed or cultivated by private persons shall It be entered upon or surveyed as public land or offered for sale, without previous notice given to those In possession, requiring them to pre- sent their claims for confirmation; and if within sixty days from the date of such notice such claim shall have not been filed, then the proper officers ot the government may proceed to the survey or sale of such lands as public lands, without prejudice, however, to the legal rights of the poSsessOr or claimant, if any he have
 d,,IL L. .t fore the boards of commissioners shall be re- quired to receive for record any notice, paper, evidence of title, or testimony, in support of any claim, the claimant shall bay to said board the sum of twenty-five cents for every hundred words required to be recorded, which shall be In full consideration for the recording and the transcript required to be forwarded to the com missioner general of the general land office
 SEC 10. And Je H further enacted That at the commencement of each regular session of Congress it shall be the duty of the commis- sioner of the general land office to make re- port of all that has been done under the pro- visions of this act by the several officers charged with its execution.
 SEC. II. And De it yfdrther enacted, That in any case of such a claim to lands as is herein before In the first section of this act mentioned, where the lands claimed have not been in pos session of and cultivated by the original claim ant or claimants, or those holding title under him or them, for the period of twenty years aforesaid, and where such lands are claimed by complete grant or concession or order of survey duly executed, or by other mode of investiture of the title thereto in the original claimant or claimants, by separation thereof from the mass ot the public domain, either by actual survey or definition of fixed, natural, and ascertanable boundaries or initial points, courses and dis tances, by the competent authority, prior to the cesslon to the United States of the territory in which sad lands were included and where such title was created and perfected during the penod while the foreign governments from which 1t emanated claimed sovereignty over or had he actual possession of such territory, the person or persons, his, her, or their heirs. de- visees, legal representatives or grantees. so claiming such lands, may at their option, in- stead of submitting their claim to the officer or othcers herelnbetore mentioned, proceed by De- ttlon lu any district court of the United States within whose jurisdiction the lands or any part of the lands claimed may lie, unless such claim comes within the power of the third section of thls act to which petition the United States shall be made defendant, and it shall be verified by the oath of the party or parties and conform to the provisions of section one of this act. and E4e'NViNS ", the attorney of the United States for such dis trct shall defend against the same for the Uni ted States, and the court shall decide the claim valid or invalid according to the principles es- tabllShed in this act and decree accordingly If the decree be against the United States, an appeal shall be entered to the supreme court of the United States and if it be against the claim ant or claimants, he or they may take an appeal directly to the court as of right and course, without affidavit or security other than for costs; and the same shall be adjudged de nouo in the supreme court as in other cases of appeals thereto in chancery, and as equity and justice and the principles aforesaid may require; which decision shall be final, and patent shall there- upon issue, if the claim be adjudged valid, for so much of the lands claimed as remain ud- sold; and for So much may have been sold, the provisions of section six of this act shall apply and be in force.
 SEC. F. And De it fiwt,er enacted, That this act shall be and remain in force during the term of five years, unless sooner repealed by Con- gress F
 How THEY DISPOSE OF RoGUEs IN DELA- wARE.--At recent court session at New Castle the following sentences were passed upon con- vlcts: William McComuster, convicted of as-