Daily clarion and standard. [volume] (Jackson, Miss.) 1866-1866, 1866-07-06
LAWS OF THE UNITED STATES,
Passed at the first session of the
Thirty ninth Congress.
1 OFFICIAL.
TPUBIIC-No. 80. |

AN ACT authorizing documentary evidence
of titles to be furnished to the owners of
certain lands in the city of St. Louis.
Whereas within the city of Saint Louis, in
the State of Missouri, there are many lots,
tracts, pieces, and parcels of lands which
were confirmed by the act of Congress of
June the thirteenth, eighteen hundred and
twelve, on the ground of inhabitatiOn, pos
session, or cultivation of the same, prior to
December the twentieth, eighteen hundred
and three, and in some cases there is no ade-
quate documentary evidence of said con-
trmations and in consequence of the death
of the ancient witnesses, who knew the facts
of said inhabitatiOn, possession, or cultlva-
ton, the owners of said lands, in said cases
where there is no adequate documentary evil
dence of said combinations, are without
complete evidence of title to the same, as
against the United States; and whereas per
sons holding grants and combinations of
lands in said city of Saint Louis, under other
acts of Congress heretofore passed, may, in
some cases, be without perfect documentary
evidence of said grants or combinations by
the United States, and difficulties may here
after arise therefrom, to the great injury of
such persons: Therefore
BE il enacted By the Senate and House Of Rep
rese,tdtires of the United States Of 1lnn-ica IN
CONGRESS assembled, That the district court OF
tho United States for the eastern district of
Missouri, is hereby authorized, by proper de-
ed, and conveyed by the United States in fee
simple and in full property, all the right, IL
tie and interest of the United States IN and
to any lot, tract, piece or parcel of land
within the city of Saint Louis, iii the State
of Missouri, to the person or persons having
the best claim or claims to the same; but
nothing in this act shall authorize said
court to declare released, granted, relin-
quished, and conveyed, as aforesaid, any land
within any wharf, street, lane, avenue, alley
or other public thOroughfare or within the
boundaries of any land which has been here
tofore granted or assigned by the United
States for the use or support OF schools, or
within the boundaries Of any land heretofore
lawfully confirmed or lawfully granted by
the United States, where full, sufficient, and
complete documentary evidence of such con-
| firmation of grant now exists of record.
SEC. 2, 4Rd be it further enacted, That
! every person desiring decree in his or her
favor, under this act, shall file petition in
said district court asking for such decree
and describing the land for which said decree
| is desired; and the United States and all per-
sons claiming such land adversely TO said pc
! titioner (if there be any such adverse claim
| ants) shall be made defendants in said cause;
| and if any party to any such cause shall be
| a minor under the age of twenty-one years,
| a guardian ad litem shall be appointed by
| said court for said minor and said district
court shall have full and complete power,
| jurisdiction, and authority to hear, try and
| determine all questions arising in said cause
relating to the claim of the petitioner, the
| extent, locality, and boundaries of said
! claim, and all other matters connected there
| with or concerning the same; and said
| district court shall also have power to make,
prescribe and enforce such rules and regu-
| lations as may be necessary and proper to
carry this act into full and complete execu-
| ton.
SEC. 3. Ind be II further enacted That a
| copy of every petition which shall be filed
| under this act, and a copy of the writ or pro-
| cess thereto attached, shall be delivered to
| the district attorney of the United States for
| said eastern district of Missouri, by the Uni
| ted States MARSHAL for said district, which
| said delivery shall make the United States a
| party to the cause specified in such petition,
without any other or further proceedings
| notice, service, writ or process whatever; and
| said district attorney shall make such defence
therein for the United States as in his opin-
ion the public interest may require; but no
answer or other pleadiugs filed by said at
tOrney in such cause shall be required to be
verified by oath or affirmation.
SEC 4 Ind be it further enacted That for
the purpose OF more completely describing,
identifying, and defining the boundaries, sit
uation and locality of any lot, tract, piece or
parcel of land sought to be released, grant
ed relinquished and conveyed under this act,
the said district court shall have power to
cause an accurate survey, plat, and deserip-
ton thereof to be made by competent per
son at the expense of the petitioner and all
of the expenses and costs of all suits and
other proeeedingsIlunder this act shall be
paid by the respective petitioners, and the
payment thereof may be enforced by execu-
tiOn or otherwise
SEC 3 .4Rd be It faifhe. enacted, That
every decree which shall be rendered under
this act in favor of any petitioner shall be
deemed full sufficient. and complete re-
lease, grant, REIMBURSEMENT and conveyance,
in fee simple and in full property, to such
petitioner, and to his or her heirs and assigns,
forever, of all the right, title, and interest of
the United States in and TO the land de
seribed in such decree.
SEC. 6. ARd be it further enacted, That
whenever said district court or the circuit
court shall render final decree under this
act, concerning any lot, tract, piece or parcel
of land, said court shall cause TO be trans
mitted to the Commissioner of the General
Land Office full, true, and complete tran
script of said final decree, and of the descrip
ton or survey of said land.
SEC. z. And be IL further enacted, That any
party TO any final decree rendered by said
district court IN any suit or cause COM
meneed under this act may appeal from said
final decree of said district court TO the cir
cult court of the United States for the dis
trict of Missouri, at any time within one year
from the time of the rendition of said final
decree, and not after that time; and on the
granting of said appeal, full, true, and com
plete transcript of said final decree, ann of
the petition, and all other pleadings anddro-
eeedings in said cause. and of the evidence
therein, shall be transmitted to said cicuit
court. And when said appeal shall have
been completed, said circuit court shall have
fun and complete jurisdiction over said
cause, and may allow the pleadings to be
amended if necessary, and may admit new
parties if necessary, and shall hear, try, and
determine said cause de noTo, without re
garding any error, defect, or other imperfec-
tion in the proceedings of said district court,
and shall render such final degree therein as
the facts and the justice of said cause may
require.