Winter et al. v. United States.
which the public are not interested in the sense contemplated by the rule as to public matters. The deposition of Russell is, in the opinion of the court, incompetent and inadmissible as evidence, and must be rejected.
The third exception is to the testimony of Don Carlos de Villemont, purporting to have been taken before Frederick Bates, as commissioner, in 1813.
The main ground relied on by the district attorney to exclude this testimony is, that "the recorder of land titles, acting as commissioner, had no jurisdiction over the case, and had therefore no authority to take the testimony."
By an act of congress of the 13th of June, 1812 (2 Stat. 748), power was vested in the recorder of land titles to investigate and report on certain Spanish and French claims in the State of Missouri. His authority appears to have been confined to two classes of cases; first, to the claims of persons who were then actual settlers on the laud they claimed, and whose claims had not been before that time filed with the recorder of land titles. Such persons were allowed to file a notice in writing, stating the nature and extent of their claims, and the written evidences thereof, which were directed to be recorded. Second, to claims which had been presented to the board of commissioners of Missouri, but had not been decided on by that board.
The recorder has authority to take testimony in these two classes of cases. 1 Land Laws, 622. Now this case could not belong to the first class; because the claimant was not then an actual settler on the land; nor did he file any notice of claim with the recorder. Nor could it belong to the second class, because, although it had been before the board of commissioners, it had been rejected by that board. It had therefore "been decided on," and whether rightfully or wrongfully, it was not his province to determine. It was certainly not the intention of congress, either by that or any subsequent law, to give him authority to reinvestigate either confirmations or rejections of claims made by the board of commissioners. Strother v. Lucas, 12 Peters, 454.
This case, then, was not regularly before him; he had no ju-
