Page:United States Statutes at Large Volume 12.djvu/116

 86 THIR'1‘Y·-SIXTH CONGRESS. Sess. I. Ch. 188. 1860. and accompanied with a sworn statement by the claimant ofzthe lands su p- posed to be covered by his claim, according to the legel dxvxsxons e,nd'subdivisions of the surveys made by the United Ststes, if'. the land claimed is included in any surveys so made ; and the said notices, evidence, and the decisions of the commissioners thereon, shall be recorded in e book kept for that purpose, a transcript of which shall, from time to time, be transmitted to the Commissioner of the General Land Omoo. O Who to be SEO. 2. And be it further enacted, That the registers audoreceivers of °°mmi”i°“°”* the several land offices in the States of Florida, and Lou1s1ana, within their respective land districts, andthe recorder of land titles forithe city of Saint Louis, for the State of Missouri, and their successors m office, shall be, and they are hereby, appointed commissioners to hearnnd decide, under such instructions as may be prescribed by the Commisswner of the Their euthor· General Land Office in conformity with this act, and according to Justice WW d“”Y= &°· and equity andthe principles hereinafter established, in 2. summary manner, all matters respecting such claims within the districts aforesaid as come within the provisions of this act; they shall have power to admin— ister oaths, compel the attendance of and examine witnesses, demand and obtain from the proper officers all public records in which grants of land, warrants, orders of survey, or other evidence of claims to land derived from any foreign government may have been recorded, and shall make a. report to the Commissioner of the General Land Office on the claims so presented to them for decision, dividing said claims into separate classes in the manner hereinafter provided, and giving their opinion whether such claims ought to be confirmed or rejected. Claims MPM, Sec. 3. And be it jimlzer enacted, That the claims so presented and ed cn, so be divi— passed upon by the commissioners, as aforesaid, shall be by them divided gf;;;:? °h'°° in their report into three distinct classes, as follows, viz: Number Om Number one shall contain all claims which, in their opinion, ought to be confirmed, where the lands claimed have been in possession and cultivation by the private claimants or those under whom they derive title for s. period of at least twenty years preceding the date of Bling the claim, by virtue of some grant, concession, or order of survey, permission to settle, or other written evidence of title emanating from some foreign government which held or claimed sovereignty or jurisdiction over the territory in which the lands claimed are situated, and where the title emanating from such foreign government bears date anterior to the cession of said territory to the United States. Nnmgm mq, Numoer two shall contain all claims which, in their opinion, ought to be confirmed, where the lands are claimed under written evidence of title, as above provided in class number one, but where there has been no actual possession und cultivation of the land claimed for a period of at least twenty years prior to the filing of the claim. Number mW_ (Number three shall contain all claims which, in their opinion, ought to be rejected, whether from defect of proof, suspicion of fraud based on probable ground, uncertainty of location, vagueness of description, or any pm.,,;,,,_ other cause sufficient, in their opinion, to justify such rejection : Provided, That in no case shall such commissioners embrace in said classes number one and number two any claim which has been heretofore presented for confirmation before any board of commissioners, or other public officers acting under authority of Congress, and rejected as being fraudulent, or procured or maintained by fraudulent or improper means; nor shall any such claim be received or considered by the commissioners which has been already twice rejected on the merits by previous boards. Commissioner · Sm. 4. And be it further enacted, That whenever the said Commisofmigntmsrplshud eioner shall approve the report of the commissioners in cases embraced to magma. m classes number one or number two, he shall report the same to Congress for xts·ection;and whenever the said Commissioner shall approve the report m cases embraced in class number three, the rejection of the claim