Council Bluffs bugle. [volume] (Council Bluffs, Iowa) 1860-1868, 1860-09-26

nc III - - i ~ y u ~ ~ t. ~ No. qsp
th9 l6a u ~ d, n
EmaAe an ox1ek rsqni<is se<s I
lprisass lad siaiE wikksn \ - ranpes1s1<
distxiets 10 bs rsturned into The astFisl
leaurt for examination and adindicasipn,
n and on the receipt of said order, duly cer.
II tiSsa by alse sasFh ef either of s4iSf courss,
il shall be shs duty d the survsyss gen
eral TO trAnsmit saia survey and pm
h forthwith 10 the said court.
il See. 8. And be ii further enacted, That
said order shsA be grAnssd by sAGd cosri
l oa the appliessien ol anU party whoml the
diatziet seaxts, on the iadga thsrsof, Il
vacation, shalf dean 10 have such an In
fteress Ia the survey and ieeasion Of land
leiaias, ss 20 make IL jass and proper, tkaa
hs shsaad be, allnwad lo saks sessi1nsuy
and 10 inteEgana for his satarsss thegsia
ard IL objections to the survey and loea-
ton shall be made on the part of the TIM
ted States, The orsaeg 70 resaxn the survey
iata osurs shall he made ON the nossan
| Of the distzics sstoFreg founded On sam
| eiens akdavits; and q the application Tor
such order b made by other parties claim
ing 20 bs insssesssd II, or sAn* their rights
are aGsssed BY, such surrey and 4saasasa,
the court, or the judge in sacatiog, sAall
proceed sammarily, ON akdavits or other
wise, To inquire into the fact of saeh III
terest, and shall, in Ito discretion. deter
naiaa whssh& the appliaaasa has saal an
interest therein, as apder the ciScaIastan-
ees Of the case, TO make il proper that be
shoald be heard 10 opposition TO the sur
vey, and saaAil grszs or rsfuss the oraes
to Tesasn The survey aad location, "a shall
be Just Provided, however, That all par
sies claiming interest under pre- emption, j,
ssssaeaaens, o. ether right or fitle derived
from tha United Ssasasy snail mot be peg
mftted "a inseTvens separately baa shs
rights and interests OF said parties shall
be presented By the district attorney of
the United States, intervening In the name
| of the United States, aided by counsel
acting fer said parties jointly If they
think proper TO employ such counsel And
provided further, That before proceeding
| 10 take the testimony, or TO determine 0n
the validity Of any obiecsian 90 madefto
the surrey and location ~ aforesaid, the
said couYts shall cause notice TO be given,
By public advertisement, o. In some Oihsr
form TO be prescribed by their rules, to
ala parties In iaksTest, sha4 DIGESTION has
! seen made - sseh sarTsy and location,
and admonishing all parties in interest to
intervene for the protection of such inEer-
est !, and the said courts shall adopt rules
providing for the promps and summary
decision. of all controversies ON surveys
and locations that may arisa under The
provisions Of this act, a&
Sec. 4. And be It further enaetad, Thar
when on the application Of the party Or
parties interested ~ aforesaid, In said
survey and location, the same shgll be re-
turned into court, the said parties may
proceed 10 take testimony as TO any mat
tiers necessary 10 show she tras and prop
sr location Of the claim; such testimony
10 be taken m such manner, by deposition
or otherwise, or by commission, as the
court may direct, and, On hearing the al
legations and proofs, the court shall req
der Judgment thereon and If. in its opin-
ion, the location and survey are exrone-
Gus, il Is hereby authorized to set aside
and aunul the same, or correct and mod
ify it.; and it Is hereby made the duty Of
the surveyor genera, on being served with
certified GsRs a The decree OF sAid
court, forthwith TO cause new survey
and location 10 be made, or TO carrscs
and Fsform The survey and location al
ready Iaadas 80 - to eoaform TO the de
cree of the district court, to whom i
shall be returned for confirmation and
approval. H..
Sec, 5, And be ii further enacted. That
when, after publication as aforesaid, DO
application shall be made to the said
court for tha said order, or when said Or
der has been refused, ar when an order
shall hare been obtained as aforesaid, and
a'hen tho district court by iss decree shall
hare finally approved said survey and To-
cation, or shah have reformed or modi-
isd tbs same, and determined the true la-
cation Of the claim, II shall be the duty
Of the surveyor general to transmit, with
| out delay, the plat or survey of the said
claim to the General Land Office, and the
patent for the land 10 surveyed shall
forthwith be Issued thegefor, and 10 apr
peal shall be allowed fran the ordeT or
decree as aforesaid of the said district
court, unless applied fer within SIX
moalhs from the date Of the decree OF
said district courts, but. not afterwards !
and the said plat and survey 10 finally de-
termined By publication, order or decree,
as the sasa mag be, shsn haye the Sane
earGt aud validity IN Jaw as il q patent
for the Iand 40 surveyed had been Issued
1 by the United States, ..s.
SEQ, o. And be itfgrther enacted, That
ali surwsyB and iacations hesespSure made
and approved by the Surveyor geneFat Of
california, which hare been returned IN
TO the said district coHrts, or either ef
them, or in which prsoesdipgs are nav
pending for the purpose OF eontestiHg Or
reforming she same, are hereby made sub
ject TO the provisions OF this ass, except
that in the esses 10 returned on peadipg
1 no pablleaki0a sAall be made nAcsssary
| on the part pf The sarysyeF geaeFals
/ Sec. !. and be Is fart&sr enacted That
Tor shs performaacs Of the duties isagos-
ed by this ae1, snd the aGs entitled An
aes to ascertain a2d settle fthej priyats
| Land claims In the State al California,
passed March third, sigheesa handred and
/ kfsvssne,v Y lthsrs -shall be alTawai 70 ths
| iuises az the nartheru and southern dis
/ tricss Of Califernia, ~ tuIiswss 70 the
Judge Of the norsAers ai1tF5at saeh . sana
"A viii. whau added 10 his Rxed and per-
naanens salary allowed by law and res
ssivsa by him, Raks shis compensation
asnouna 10 ths sam sf aix theussaa dol
i lars pex ananm, and ssoA sddisiansl esa-
nsnsstioa 10 be o0neutea frun the FIRST
aay AZ JanuAxy, aghsesa hundxed and
! 6sfysswa; sad 10 slss Judge of the soushs
ern district such sum % viii, when sd-
asa 10 his fixed azd peFnansnt saisry afs
lowed by Law ahd received by hiIns aaks
his compensation saGaent VI ths sssn q
I Airkyshye hundred dollarsy sach eesnrssr
/ sati0n 10 be eenapaked snd allowed froan