The weekly Mississippian. [volume] (Jackson, Miss.) 1859-1864, 1860-11-28

ion, to justify such rejection Prorided. That in
no case shah such commissioners embrace in said
classes number snd number ttes any claim which
mas been heretofore presented for confirmation be-
fore any board Of commissioners, or other pEolc
omcerS acting under authority of Congress- Anu
rejected as being fraudulent, or procured or mann
tanned BY fraudulent or improper means nor snSi
any such claim be received considered oy tn'
commissioners which has been already Twice reJ'''
| ted On the merits By previous boards
Sac 4. AHa be &c further enacted, ma - 70
| ever the said Commissioner shall approve tn9
\ port of the commissioners IN cases ~ -, the
clssses number one number ttco, ne sna4 - ,ha
Same to Congress for its action anu in cases
said Commissioner shall prove the - 81 the
/ emtrzced in class number three, the reJecIo.a "
claim so acted on shall be final ana ~ can
/ the land em faced within the eslm sIHil ~
sidared and treated as other pubic Janus oeiOHSs
| 10 IL United States IT,. all claims
| s. And be 1t further eHGctcd, Tnat al Charms
mnreheuded within any of the three classes AIoLe
stId on which there shall be disappro'al " sne
| C,nmissiener of the report made by tue Doafus VI
is,,,I srs aforesaid, shall be reported 10 Con-
| ersa for its action and final decision tnereoh
81 -, a And be IL further enacted, That whenever
| IL shall appear that lands CLAIMED, anu the tue 10
/ xbich may be confirmed under the provisions OF
| ,hi - have been sold in whole or in part by the
ITn,td States prior such confirmation, or where
thu surveyor general OF the district shall ascertain
that the sam cannot be surveyed ami located, the
pa ty in whOse favor the title is confirmed shall
have the right to enter upon any of the public
iauds Of the United Siates quantity OF land equal
ia extent to sold by the government: Provided
That said entry be made only on lands subjec. to
private entry at one dollar aad twenty-five cents
per acre, and as far may be possible in les al dI
visions and subdivisions, according to the surveys
made by the United States.
SIC z. And be II further enacted, That when
even 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 a true
prima facis and the evidence offered before such
former bcad, and remaining Of record, shall be ad
mitted on the examination OF tho ella ms made under
the provisions Of this act.
SEC. 8. And be It further enacted, That no land
claimed under the provisions of this act shalI be
offered for sale, or otherwise disposed Of by the
officers of the United States, until the final decis-
| ion shall be made the validity Of such c. aim
and in no case where land is possessed or cultiva-
ted by private persons shall 1t be entered upon or
surveyed public land, offered for sale, without
previous Bctice gisoa to those in possession, re-
auiring taem 10 present their claims for conGrma-
ten; aid if within sixty days from the date of
such nDlIJe such claim shall not have been filed,
| then thG proper officers Of the government may
proceed to the survey or sale o. such lands as pub
lie lands. without pre- JUDGE, however, to the legal
rights Of the possessor claimant, if any he have
| SEC. >. dad be it further enacted, That before
the boards OF commissioners shall bs required to
receive for record any notice, paper, evidence OF
tit 6, or testimony, 10 support OF any claim, the
claimant shall pay 70 said board the sum of twenty
i've cents for every hundred words required to he
recorded, which shall be in fail consideration fol-
the recording and the transcript required to be for
warded - the Commissioner OF the General Land
| Office.
| SEC. 10. And be 1T further enacted, That at tn
esI1mencsment of each regular session OF Congress
| il shall he the duty Of the Commissioner OF the
Genera, Land Office to make report of all that has
been done under the provisions of this act by the
several officers charged with il execution.
SEC. Il, lind be it further enacted, That in any
case of sch claim to lands is hereinbefore in
| the first section of this act mentioned, where the
| lands claimed have not been in possession Of and
cultivated by the original claimant or claimants, OF
those holding title under him them for the per-
iod of twenty years Aforesaid and where such lands
are elGimed by complete grant or concession, or or
| der of survey duly executed, or by other mode o.
inves;iure of the title thereto in the original claim
ant or claimants, Gy separation thereof from the
mass of the public domain, either by actual survey
| o. t3ehnltlon OF liked natural and ascertainablt
boundaries or initial points, courses and distances
by the competent authority, prior to the cession
| the Uaited States of the territory in which sale
lands were included, or where such tits was crea
| ted and perfected during tho perid while the for
eign governments from which it emanated claimed
| sovereignty over or had the actual possession o
sneh Territory, the person or persons, his her, o.
their hIr, deVisees, legal representatives gran
tees, so claiming suoa lands, may, at their option
VI tnelE clalL1 70 bne OuAceE Vi
officers hereinbefore mentioned, proceed by petition
| in any district court Of the United States within
| whose jurisdiction tse lands .or any par. of thu
| lands, claimed may lie, unless such claim come
within the purvieW IF the third section of this act
TO which petition the United States skall be madi
defendant, and it shall be verified by the oath O.
the party parties, and conform to the provisions
section this act and TO the pracsice of eucl
court in chance y, and the attorney of the Unitsd
| States for Such district shall defend against th
same for the United States; aud the court shall
decide The cain valid or invalid according to the
| prsrsiplsf established in this act, and decree as
| cufdingf5. il the decree be against the Unl,st
STATES, - appeal shall ba entsSed to the Suprsm
| Court g the United state; and if it be agans
the claimant or claimants, he or they may take Al
appeal directly to that court of right and course
without affidavit or security other than for costs
and the same shall be adjudged de in the Su
preme Court asin other cases Of appeals therst
IN cLancery and as equity and justice and the priB
cples aforesaid may require; which decision shal
be fnai, and patent shall theeeupon issue, if tn
clam ha adjudged valid, for so much of the laad
caimeI as repcsin unsold; and for so much ma,
act shall apply and be in force.
SEQ. IL. Aud be II further enacted, That this NC
shall oe aud remain in force during the term OF nv
years, unlsss sooner repealed by Congress; and 81
claims presented or sued upon, according TO tn
provisions of this act, WITHIN the said term of y
years, may h prosecuted to final deteru uatioI
and decision, notwithstanding the said term of & v
years may Save expired before such final determin
alton and .ecision.
Approved, June %, 1860.