Page:United States Statutes at Large Volume 26.djvu/911

 858 FIFTY-FIRST CONGRESS. Sess. II. C11. 539. 1891. of any person as between himself and other claimants or persons, in ` ,respect of an such lands, shall be in any manner affected thereby. Proceedings by the It shall be lawful for and the duty of the head of the Deplartment g:cg'*t,§,'li:;°§;£TS c; J ustice, whetneyeclin his optinipn the pclblic iitnterest crt; e Iciglitg ° ·· 0* ¤ °·° o any c a1ma11 s a require 1, 0 cause e a orney o e ni e States in said court to file in said court a petition against the holder or possessor of any claim or land in any of the States or Territories mentioned in this act who shall not have voluntarily come in under the dprovisions of this act, stating in substance that the title of such hol er or possessor is open to rguestion, or stating in substance that the boundaries of any such lan, the claimant or possessor to or of which has not brought the matter into court, are open to question, and praying that the title to any such land, or the boundaries thereof, if the title be admitted, be settled and adjudicated; and thereupon the Nome. gourt shall, ocdsuch notitcetto }sucl1 claimagtdor possessolc as it shall H¤m'i1lg.¤¤¤- eem reasona e, rocee o ear, ry an etermine the questions m:m¤m¤¤¤_ sub- stated in such petition or arising in the matter, and determine the §’°“"'°”° "g"“· matteip acccliidengftq lawitjiisgice, and the lprcvisions of this act, but ` su jec to a u rig s a verse to suc c aimant or possessor as between such claimant and possessor and any other claimant or possessor, apd cpbjcct  this respect to all the provisions of this section app ica e there 0. Avx>¢¤!· Sec. 9. That the arty against whom the court shall in any case decide—the United gdsates, in case of the confirmation of a claim in wholc qi- in part, and tlhelchaimaxcci in cage og the rejcctioc of a claim, inwoeorm art-—·sa ave erig to pea tot eSu rem Court of the United States, such appeal toélbe taken withijn si; months from date of such decision, and in all respects to be taken ic the same mianner an;} upon the same conditionsé cixccpii in respect o e amoun in con roversy as is now provide y aw for the taking of appeals from decisions of the circuit courts of the United 4 mm uyscpmnm States. On any such appeal the Supreme Court shall retry the °°“" °“ °‘¥’ · _ cause, as well the issues of fact as of law, and may cause testimony to be taken in addition to that given in the court below, and may amend the xéecord of Ithe proacleedipgls below as truth and justice may require- an on suc re r1 an earing ever ques ion shall b ummm. open, and the decision of the Supreme Court thereon shall be Hnal and conclusiyei Shlcucfllpofpppea dbe talfen as aforesaid the decree of the court e ow s a e `na an conc usive. Attomey·Geuera1t0 Upon the rendition of any 'udgment of the court confirming an £;ms¤¤¤¤¤¤f¤¤¤¤r¤·¤- notify the Attorney-General, 111 Wl'1i}1llg of such judgiment, giving ` him a clear statement of the case and the points decidea by thecourt, which statement shall beveriiied by the certificate of the presiding ¤®?" "’ ”""°‘ 3.*2%;it§Z‘£I}..$i"§§“éh‘3‘Z§t£’3.?.2’§.€S§t¥;1`$1iit¥££§tys$§§i“;i1tZE. the rendition of such judgment, the right of appeal on the part of the United States shal continue to exist until six months next after ·g,:;,,L¤ggim0EGé": She rccegpgloclspchlctaécemeng. t11A11difkthqA;tomey£(§eneral shall so °*' '¤°Y · 1rec,1sa e e uyo ocer 0 tecour otransmitthe eral. record of any cause in which final judgment has been r l · l t the Attorney—General for his examination. In all cases eitlselldll bg hm _ tous licetdgt§tc€0thehActp1cpt<2r-General :0 instruct the zgtolpney for the ,m},,,,_ ‘ ‘ ni s w a er course O pursllo an W et er or not an appeal shall be taken. _ cmmcmonornmi Sec. 10. That whenever any decision of confirmation shall become g2g";, ‘g‘f final, the clerk of the court in which the final decision shall be had ggqcgcggnpggui ggll certclty that fact Ito dthe Cocnmissioner of the General Land ,,,1 ce, wi a copy 0 the ecree 0 confirmation which shall ll m _ state the location, boundaries, and area of the tract confirmedl aT1kb msg-wycrmmmea said Commissioner shall thereupon without delay cause the tract so · confirmed to be surveyed at the cost of the United States.- When
 * ,’§g’§,‘{{§,‘]“,,(}’§,,'{f,f,°.{g claim, it shall be the duty of the a_tt_oruey of the United States tb