CHAP. 172. An act to provide for the sale of lands conveyed to the United States in certain Vol. iii. p. cases, and for other purposes. 1932. 1939. Vol. iv. p.

In all cases where the es

vent debtors

,, signed to the

1. Be it enacted, &c. That the agent of the treasury, be, and 2109. 2126. he hereby is, authorized, in all cases where the estates of insolvent debtors have been, or hereafter shall be, assigned to the tates of insolUnited States, under the act of the sixth June, seventeen hun- have been, or dred and ninety-eight, entitled "An act providing for the dis- shall be, ascharge of persons imprisoned for debts due to the United States," United States to sell such estates, whether real or personal, at such time, and under the act in such manner, as, with the approbation of the secretary of the 1798, the treasury, he shall think fit, for the best price that can be had agent of the therefor, and to make all needful conveyances, assignments, or &c. transfers, of the same, to the purchaser or purchasers.

of 6th June,

treasury is,

Vol. i. p. 506.

may

become

tenements of a

suit.

2. That, at any and every sale, on executions, at the suit of United States the United States, of lands or tenements of debtor, it shall be the purchaser lawful for the United States, by such agent as the agent of the of lands or treasury shall appoint, to become the purchaser of such lands debtor, when and tenements: Provided, That in no case shall such agent bid sold at their in behalf of the United States for a greater amount than that of Proviso. the judgment for which such estate may be exposed to sale, and the costs; and it shall be the duty of the marshal of the district in which such sale shall be held, in case such purchases shall be made, to make all needful conveyances, assignments, and transfers, to the United States; and the agent of the treasury is hereby authorized, with the approbation of the secretary of the treasury, to sell and convey the said lands and tenements in the same manner as is directed by the first section of this act, in respect to lands and tenements assigned by insolvent debtors.

not to impair

§3. That nothing herein contained, shall be deemed or con- Act to be construed to take away or impair any other remedy which the Unit- strued so as ed States may be now entitled to have against the person or any other reproperty of debtors, to enforce the satisfaction of judgments ob- medy than tained, or which may hereafter be obtained. [Approved, May 26, 1824.]

that intended.

CHAP. 173. An act enabling the claimants to lands within the limits of the state of Missouri Vol. iv. p. and territory of Arkansas to institute proceedings to try the validity of their claims. 2135. 2194. 2241.

in that part of

vince of Lou

Missouri, by

French or

§ 1. Be it enacted, &c. That it shall and may be lawful for any Persons claimperson or persons, or their legal representatives, claiming lands, ing lands, &c. tenements, or hereditaments, in that part of the late province of the late proLouisiana which is now included within the state of Missouri, by isiana, now virtue of any French or Spanish grant, concession, warrant, or included withorder of survey, legally made, granted, or issued, before the in the state of tenth day of March, one thousand eight hundred and four, by the virtue of any proper authorities, to any person or persons resident in the pro- Spanish grant, vince of Louisiana, at the date thereof, or on or before the tenth &c. legally made, and beday of March, one thousand eight hundred and four, and which fore the 10th was protected or secured by the treaty between the United States March, 1804, of America and the French republic, of the thirtieth day of April, titions to the one thousand eight hundred and three, and which might have district court been perfected into a complete title, under and in conformi- Missouri. ty to the laws, usages, and customs, of the government under

to present pe

of the state of

which the same originated, had not the sovereignty of the country been transferred to the United States, in each and every such case, it shall and may be lawful for such person or persons, or their legal representatives, to present a petition to the district court of the state of Missouri, setting forth, fully, plainly, and substantially, the nature of his, her, or their claim to the lands, tenements, or hereditaments, and particularly stating the date of the grant, concession, warrant, or order of survey, under which they claim, the name or names of any person or persons claiming the same, or any part thereof, by a different title from that of the petitioner; or holding possession of any part thereof, otherwise than by the lease or permission of the petitioner; and, also, if the United States be interested on account of the lands within the limits of such claim, not claimed by any other person than the petitioner; also, the quantity claimed, and the boundaries thereof, when the same may have been designated by boundaries; by whom issued, and whether the said claim has been submitted to the examination of either of the tribunals which have been constituted by law for the adjustment of land titles in the present limits of the state of Missouri, and by them reported on unfavorably, or recommended for confirmation; praying, in said petition, that the validity of such title, or claim, may be inquired into and decided by the said court; and the said court is hereby authorized and required to hold and exercise jurisdiction of every petition, presented in conformity with the provisions of this act, and to hear and determine the same, on the petition, in case no answer or answers be filed after due notice; or on the petition, and the answer or answers of any person or persons interested in preventing any claim from being established; and the answer of the district attorney of the United States, where he may have filed an answer, according to the evidence which shall be adduced by the petitioner, by any person interested in preventing the decree of the court in favor of the title of the petitioner or petitioners, and by the United States, in conformity with the principles of justice, and according to the laws and ordinances of the government under which the claim originated, and the copy of such petition, with a citation to any adverse possessor, or claimant, shall be served on such possessor or claimant in the ordinary legal manner of serving such process in the state of Missouri, at least fifteen days before the term of the district court of the United States, to which the same is made returnable, and, in like manner, on the district attorney of the United States, where the government is interested in the defence; and it shall be the duty of the United States' attorney for the district in which the suit shall be instituted, in all cases where the United States are interested on account of the public domain, to take notice of each petition filed under the provisions of this act, in the said district, and to make defence, on all just and proper occasions, in behalf of the public interest.

2. That every petition which shall be presented under the Every petition presented un- provisions of this act, shall be conducted according to the rules der this act, to of a court of equity, except that the answer of the district attoraccording to ney of the United States shall not be required to be verified by

be conducted

court of equi

his oath, and tried, without any continuance, unless for cause the rules of a shown; and the said court shall have full power and authority to ty. hear and determine all questions arising in said cause, relative to the title of the claimants, the extent, locality, and boundaries of the said claim, or other matters connected therewith, fit and proper to be heard and determined; and, by a final decree, to settle and determine the question of the validity of the title, according to the law of nations; the stipulations of any treaty, and proceedings under the same; the several acts of congress in relation thereto; and the laws and ordinances of the government from which it is alleged to have been derived; and all other questions properly arising between the claimants and the United States; which decree shall, in all cases, refer to the treaty, law, [or] ordinance, under which it is confirmed or decreed against; and the court may, at its discretion, order disputed facts to be found by a jury, according to the regulations and practice of the said court, when directing issues in chancery before the same court; and, in all cases, the party against whom the judgment or decree of the said district court may be finally, given, shall be entitled to an appeal, within one year from the time of its rendition, to the supreme court of the United States, the decision of which court shall be final and conclusive between the parties; and, should no appeal be taken, the judgment or decree of the said district court shall, in like manner, be final and conclusive.

the different

shall be ad

the U. States

3. That the evidence which has been received by the differ- The evidence ent tribunals which have been constituted and appointed by law received by to receive such evidence, and to report the same to the secreta- tribunals, ry of the treasury, or to the commissioner of the general land mitted as such office, upon all claims presented to them respectively, shall be for or against received and admitted in evidence for or against the United in all trials States, in all trials under this act, when the person testifying is under this act, dead, or beyond the reach of the court's process; together with son testifying such other testimony as it may be in the power of the petitioner, is dead. the person or persons interested in the defence made against establishing any claim, or the United States' attorney, to produce, and which shall be admissible, according to the rules of evidence, and the principles of law.

when the per

attorney in

dence shall be

ther of the tri

§ 4. That, in all cases in which evidence shall be offered by Duty of the the petitioner, which has not been received by either of the tri- all cases in bunals constituted by law for that purpose, it shall be the duty which eviof the attorney of the United States for the district in which the offered, not resuit shall be instituted, or any person interested in the defence ceived by eimay examine, or cause to be examined, the witnesses, whether bunals constiexamined in court, or by commission under the authority there- tuted for that of; and it shall be the duty of the commissioner of the general purpose. land office of the United States, or the keeper of any public records, who may have possession of the records and evidence of the different tribunals, which have been constituted by law for the adjustment of land titles in Missouri, as held by France, upon the application of any person or persons, whose claim to lands has been rejected by such tribunals, or either of them, or on the application of any person interested, or by the attorney of the United States for the district of Missouri, to furnish copies

Any claim to

lands, &c. un which shall by petition be fore the said

der this act,

not be brought

Courts, within

2 years, forev

er barred.

Upon the final

claim prosecuted under

vor of the

thorized to

demand and

clark of the

of such evidence, certified under his official signature, with the seal of office thereto annexed, if there be a seal of office.

$5. That any claim to lands, tenements, or hereditaments, within the purview of this act, which shall not be brought by petition before the said courts, within two years from the passing of this act, or which, after being brought before the said courts, shall, on account of the neglect or delay of the claimant, not be prosecuted to a final decision within three years, shall be forever barred, both at law and [in] equity, and no other action, at common law, or proceeding in equity, shall ever thereafter be sustained in any court whatever, in relation to said claims.

$6. That, upon the final decision of any claim prosecuted decision of any under this act, in favor of the claimant or claimants, it shall and may be lawful for such claimant to demand and receive from the this act, in fa- clerk of the court in which such final decision is had, a copy of claimant, such the decree, in his, her, or their favor, under the official signature. claimant is au- of the clerk, and the seal of the court, if any seal belong to it, and deliver the same to the surveyor of public lands, for the state receive of the of Missouri, who shall, thereupon, cause the land specified in said decree to be surveyed, at the expense of the party; and duplicate plats, and certificates of the survey, so made, to be returned into his office, one of which shall remain in said office, and the other, authenticated by the attestation and official signature of the surveyor of public lands, shall be delivered, on demand, to the party interested therein, and the same being presented to the commissioner of the general land office, in Washington city, shall entitle the party interested to a patent from the president of the United States.

Court a copy

of the decree in his favor.

When any

decided

against the claimant, or barred, the

§ 7. That in each and every case in which any claim, tried claim has been under the provisions of this act, shall be finally decided against the claimant, and in each and every case in which any claim cognizable, under the terms of this act, shall be barred by virtue land shall be of any of the provisions contained therein, the land specified in long to the United States. such claim shall, forthwith, be held and taken as a part of the public lands of the United States, subject to the same disposition as any other public land in the same district.

The clerk of

when any pe

this act, re

sufficient se

curity to answer certain

purposes.

8. That the clerk of said court shall, and he is hereby dithe court shall, rected, when any petition of claim is filed, under the provisions tition of claim of this act, before any proceedings thereon, to require good and is filed, under sufficient security for all cost and charges which may accrue quire good and thereon in prosecuting the same to a final decree; and the district attorney, clerk, marshal, attending witnesses, and jurors, shall severally be allowed such fees for their services and attendance as may be allowed by law for the like services and attendance in the district court of the state of Missouri, to be paid by the party calling for such service or attendance, except where the petitioner or petitioners fail to prosecute his, her, or their suit, or claim, to a final decree, or to obtain a final decree in his, her, or their favor, or where any such title or claim may have been presented to the commissioner or the register and receiver, acting as commissioners, for the examination of titles and claims to land in said district, and by them has been reported unfavorably on, in all of which cases, all cost, charges, and expenses of

such prosecutions, shall be paid by the petitioner or petitioners; that the clerk of the court, in which the final decree shall be had, shall be allowed one dollar and fifty cents for the official copy of such final decree; that the surveyor of public lands shall be allowed one dollar for each of the official certificates required of him, and the keeper of the records and evidence, taken under former acts of congress, for the adjustment of land titles, shall be allowed at the rate of ten cents for every hundred words contained in any such written evidence of their claim, to be paid by the party applying therefor.

against the U.

§ 9. That it shall be the duty of the attorney of the United Duty of the States for the district in which the suits authorized by this act where the deattorney shall be instituted, in every case where the decision is against cision is the United States, and the claim exceeds one thousand acres, to States. make out and transmit, to the attorney general of the United States, a statement containing the facts of the case, and the points of law on which the same was decided, and if the attorney general shall be of opinion that the decision of the district court was erroneous, it shall be his duty to direct an appeal to be made to the supreme court of the United States, and to appear for, and prosecute, the said appeal in that court; and it shall be the further, duty of the district attorney to observe the instruction given to him by the attorney general in that respect.

to attend the

$10. That it shall be the duty of the marshal of the state of The marshal Missouri, by himself or deputy, to attend the said court while in said court session, and to execute all process to him directed by the court, while in sesunder this act.

sion.

terested,

to any claim

have been

11. That if, in any case, it should so happen that the lands, The party intenements, or hereditaments, decreed to any claimant, under the where the provisions of this act, shall have been sold by the United States, lands decreed or otherwise disposed of, or if the same shall not have been ant under this heretofore located, in each and every such case, it shall and may act, shall have been sold by be lawful for the party interested to enter, after the same shall the United have been offered at public sale, the like quantity of land, in States, or parcels, conformable to sectional divisions and subdivisions, in heretofore loany land office in the state of Missouri; and, if it should so hap-cated, to enter like quantity pen, that, in making such entries, there should remain in the in any land hands of the enterer a fractional excess of acres, of less number than the smallest sectional divisions authorized by law to be sold, it shall and may be lawful for the party interested to enter, in virtue of such fractional excess, the quantity of one half quarter section, upon paying one dollar and twenty-five cents for each acre contained in such half quarter section, over and above the fractional excess to which he may be entitled by such confirmation.

office in Missouri.

district shall

§ 12. That, for the purpose of carrying into effect the provi- To carry this sions of this act, the judge of the district court for the state of act into effect, the judge of Missouri, shall hold his sessions at the following places, viz: at the Missouri the town of St. Louis, in the county of St. Louis, on the third hold his sesMonday of September next; at the town of St. Genevieve, in sions at the the county of St. Genevieve, on the third Monday of December own of St. next; and at the town of Jackson, in the county of Cape Girardeau, on the third Monday of April next; he shall appoint his

Louis, &c.