EIGHTEENTH CONGRESS. Sess. I. Ch. 173. 1824.

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the petitioner or petitioners, and by the United States , and in conformitywith the principles of justice, and according to the laws and ordinances ofthe government under which the claim originated, and the copy of suchpetition, with a citation to any adverse possessor, or claimant, shall beserved on such possessor or claimant in the ordinary legal manner ofserving such process in the state of Missouri , at least fifteen days be-fore the term of the district court of the United States , to which the sameis made returnable, and, in like manner, on the district attorney of theUnited States , where the government is interested in the defence; and itshall be the duty of the United States ’ attorney for the district in whichthe suit shall be instituted, in all cases where the United States areinterested on account of the public domain, to take notice of each peti-tion filed under the provisions of this act, in the said district, and to makedefence, on all just and proper occasions, in behalf of the public in-terest.

Sec. 2. And be it further enacted, That every petition which shall bepresented under the provisions of this act, shall be conducted accord-ing to the rules of a court of equity, except that the answer of thedistrict attorney of the United States shall not be required to be verifiedby his oath, and tried, without any continuance, unless for cause shown;and the said court shall have full power and authority to hear and deter-mine all questions arising in said cause, relative to the title of the claim-ants, the extent, locality, and boundaries of the said claim, or othermatters connected therewith, fit and proper to be heard and determined,and, by a final decree, to settle and determine the question of the validityof the title, according to the law of nations, the stipulations of anytreaty, and proceedings under the same; the several acts of Congress in relation thereto; and the laws and ordinances of the government fromwhich it is alleged to have been derived; and all other questions proper-ly arising between the claimants and the United States ; which decreeshall, in all cases, refer to the treaty, law, [or] ordinance, under which itis confirmed or decreed against; and the court may, at its discretion,order disputed facts to be found by a jury, according to the regulationsand practice of the said court, when directing issues in chancery beforetire same court: and, in all cases, the party against whom the judg-ment or decree of the said district court may be finally given, shall be en-titled to an appeal, within one year from the time of its rendition, to theSupreme Court of the United States , the decision of which court shall befinal and conclusive between the parties; and,should no appeal be taken,the judgment or decree of the said district court shall, in like manner, befinal and conclusive.

Sec. 3. And be it further enacted, That the evidence which has beenreceived by the different tribunals which have been constituted and ap-pointed by law to receive such evidence, and to report the same to theSecretary of [the] Treasury, or to the commissioner of the general landoffice, upon all claims presented to them respectively, shall be receivedand admitted in evidence for or against the United States , in all trialsunder this act, when the person testifying is dead, or beyond the reach ofthe court’s process; together with such other testimony as it may be inthe power of the petitioner, the person or persons interested in the de-fence made against establishing any claim, or the United States ’ attorney,to produce, and which shall be admissible, according to the rules ofevidence, and the principles of law.

Sec. 4. And be it further enacted, That, in all cases in whichevidence shall be offered by the petitioner, which has not been receivedby either of the tribunals constituted by law for that purpose, it shallbe the duty of the attorney of the United States for the district inwhich the suit shall be instituted, or any person interested in the de-fence may examine, or cause to be examined, the witnesses, whether

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Every petitionpresented underthis act, to beconducted ac-cording to therules of a courtof equity.

Appeal.

The evidencereceived by thedifferent tribu-nals, shall beadmitted as suchfor or againstthe UnitedStates in all tri-als under thisact, when theperson testify-ing is dead.

Duty of theattorney in allcases in whichevidence shallbe offered, notreceived byeither of thetribunals con-