Page:United States Statutes at Large Volume 9.djvu/659

THIRTY—FIRST CONGRESS. Sess. II. Ch. 41. 1851. 633 district attorney in behalf of the United States nhall fully and distinctly set forth the grounds on which the said claim is alleged to be invalid, copies of which answers shall be served upon the adverse party thirty days before the meeting of thelcourt, and thereupon, at the first term of the court thereafter, the said case shall stand for trial, unless, on 'cause shown, the same shall be continued by the court. Sec. 10. And be-it further enacted, That the District Court shall Proceedings proceed to render judgment upon the pleadings and evidence in the *h°*‘°°¤· case, and upon such further evidence as may be taken by order of the said court, and shall, on application of the party against whom judgment is rendered, grant an appeal to the Supreme Court of the United Appeal to Su- States, onlsuch security for costs in the District and Supreme Court, in P¤¤¤¤¤ 00m- case the judgment of the District Court shall be affirmed, as the said court shall prescribe; and if the court shall be satisfied that the party Security for desiring to appeal is unable to give such security, the appeal may be <>°¤i¤· allowed without security. Sec. ll. And be it further enacted, That the commissioners herein- On what prinprovided for, and the District and Supreme Courts, in deciding on the °lPl°’ °°mmi$· validity of any claim brought before them under the provisions of this ;;?°” as t° act, shall be governed by the treaty of Guadaloupe Hidalgo, the law_of nations, the laws, usages, and- customs of the government from which the claim is derived, the principles of equity, and the decisions of the Supreme Court of the United States, so far as they are applicable. Sec. 12. And be at further enacted, That to entitle either party to a Proceedings to review of the proceedings and decision of the commissioners herein- :}**l‘°"Z°D. PW; before provided for, notice of the intention of such party to file a peti- é§f,‘,,{° me tion to the District Court shall be entered on the journal or record of proceedings of the commissioners within sixty days after their decision on the claim has been made and notified- to the parties, and such petition shall ble filed mdthe District Court within SIX months after such decision has een ren ered. Ssc.13. And be it further enacted, That all lands, the claims to All lands in which have been finally rejected by the commissioners in manner herein Cgllifpmia *° provided, or which shall be finally decided to be invalid by the District ;,f° e32E2f5E or Supreéne Cplurt, aind all lands the claims to which shall not have been tcbpie lglgiu as presente tot e sal commissioners wit in two years after the date of P" ° · this act, shall be deemed, held, and considered as part of the public domain of the United States; and for all claims finally confirmed by_ Patentto issue the said commissioners, or by the said District or Supreme Court, a f°' l’*Pd$· °l*i¤¤¤ patent shall issue tolthe claimant upon his presenting to the general ggiléih “°°°u° land office an authentic certificate of such confirmation, and a plat or survey of the said land, duly certified and approved by the surveyorgeneral of California, whose duty it shall be to cause all private claims which shall be finally confirmed to be accurately surveyed, and to furnish plats of the same; and in the location of the said claims, the said Location and Surveyor-general shall have the same power and authority as are con- ““"°Y °f °1“‘m“‘ ferred on the register of the land office and receiver of the public moneys of Louisiana, by the sixth section of the act " to create the <>iiicc‘pf ptmyelyfr olf the public lands for the State of Louisiana," ap- PfoV€_ t lf arc one thousand eight hundred and thirty·0neZ 1831, h. 116, Prmnded, always, That if the title of the claimant to such lands shall Provisiim where bc contested by any other person, it shall and may be lawful for such gesggmbis SEQ; P€¥*S<>n t0_ present a petition to the district judge of the United States other Pm-gon, for the district in which the lands are situated, plainly and distinctly gettrngtorth his title thereto, and praying the said judge to hear and etermine the same, a copy of which petition shall be served upon the pdverse party thirty days before thettime appointed for hearing the im? find provided, further, That it shall and may be lawful for the Injuncticn in dis;/f1<¤t jpggi of the United States, upon the hearing of such petition, '“°h °““°‘ OL- . 1:1:.-80