United States Statutes at Large/Volume 4/21st Congress/1st Session/Chapter 90
[Obsolete.]
Chap. XC.—An Act for further extending the powers of the judges of the superior court of the territory of Arkansas, under the act of the twenty-sixth day of May, one thousand eight hundred and twenty-four, and for other purposes.[1]
Act of May 26, 1824, ch. 173, continued.Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the act, approved on the twenty-sixth day of May, one thousand eight hundred and twenty-four, entitled “An act to enable claimants to lands within the limits of the state of Missouri and territory of Arkansas, to institute proceedings to try the validity of their claims,” shall be, and hereby is, continued in force, so far as the said act relates to the claims within the territory of Arkansas, until the first day of July, one thousand eight hundred and thirty-one,Court in Arkansas authorized to revise certain decrees, &c. and to reverse them. for the purpose of enabling the court in Arkansas, having cognisance of claims under the said act, to proceed by bills of review, filed, or to be filed, in the said court, on the part of the United States, for the purpose of revising all or any of the decrees of the said court in cases wherein it shall appear to the said court, or be alleged in such bills of review, that the jurisdiction of the same was assumed, in any case, on any forged warrant, concession, grant, order of survey, or other evidence of title; and, in every case wherein it shall appear to the said court, on the prosecution of any such bill of review, that such warrant, concession, grant, order of survey, or other evidence of title, is a forgery, it shall be lawful, and the said court is hereby authorized to proceed, by further order and decree, to reverse and annul any prior decree or adjudication upon such claim; and thereupon such prior decree or adjudication shall be deemed, and held in all places whatever, to be null and void to all intents and purposes.Mode of proceeding. And the said court shall proceed on such bills of review, by such rules of practice and regulations as they may adopt, for the execution of the powers vested or confirmed in them by this act.
No entries of land to be made until, &c.Sec. 2. And be it further enacted, That no entries of land in any of the land offices in Arkansas, under any of the provisions of the said act, shall be made, until the further direction of Congress.
Requisites to the issuing of patents under decrees of said court: 1st. Original warrant, &c. to be produced, &c.
2d. Genuineness of this warrant, &c. to be established to satisfaction of commissioner of general land office, or of said court upon review.Sec. 3. And be it further enacted, That no patent shall be issued for lands under any decree of the said court, in any case in which the original warrant, concession, grant, or order of survey, has been withdrawn from the files of the said court, unless the person or persons claiming such patent shall first produce and deposit, in the office of the commissioner of the general land office, the original warrant, concession, grant, or order of survey, on which such decree was founded, and on which the said court took jurisdiction under the said act; and no patent shall be issued until the further order of Congress, in any case, under the said act, until it shall satisfactorily appear to the commissioner of the general land office that the warrant, concession, grant, or order of survey, on which any lands are claimed, under any decree of the said court, was, in fact, made or issued by or under the authority of the person or persons purporting to have made or issued the same, or unless the said warrant, concession, grant, or order of survey shall have been determined by the said court, on the hearing of a bill of review, to be genuine.
Entries, patents, &c. not to be made, except, &c.Sec. 4. And be it further [enacted], That no entry, survey, or patent, shall, at any time hereafter, be made or issued under the said act, except in the name of the original party to any such decree, and on proof to the satisfaction of the officers, respectively, that the party applying is such original party, or is duly authorized by such original party, or his heirs, to make, receive, or require such entry, patent, or survey.
In case of reversal, &c. lands to be subject to sale, &c.Sec. 5. And be it further enacted, That in all cases in which the said court shall, by decree or adjudication, under this act, review and annul any prior decree or adjudication therein, any lands which may have been heretofore entered, under any such prior decree or adjudication, shall, thereafter, be subject to sale or entry as other public lands of the United States may be.
President of U.S. authorized to employ additional counsel.Sec. 6. And be it further enacted, That the President of the United States is hereby authorized to employ, on behalf of the United States, such counsel on their part, in the territory of Arkansas, or elsewhere, to be associated for that purpose with the district attorney of the same territory, as he may deem the interests of the United States may require, in the prosecution of such bills of review before the said court.
Appeal to the Supreme Court United States.Sec. 7. And be it further enacted, That, in all cases, the party against whom the judgment or decree of the said 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, which court shall have power to review the decision of the court below, both on the law and the facts;Grounds of appeal. and the court in Arkansas be, and the same is hereby required to spread upon the record the whole testimony, together with the reasons for their decision in each case, and to transmit to the Supreme Court of the United States the same, together with the original warrant, concession, grant, order of survey, or other evidence of title.
Extra compensation to judges, $800 dollars per annum.
Appropriation.Sec. 8. And be it further enacted, That each of the judges of the supreme court of the territory of Arkansas shall, while in the discharge of their duties imposed by this act, be allowed at the rate of eight hundred dollars per annum, in addition to their salary as judges of the superior court for the territory of Arkansas, which shall be in full for their services, to be paid out of any money in the treasury, not otherwise appropriated.
Approved, May 8, 1830.
- ↑ See notes to the act of May 26, 1824, ch. 173.