54
stituted for thatpurpose.
Any claim tolands, &c. underthis act, whichshall not bebrought by peti-tion before thesaid courts,within twoyears, foreverbarred.
Upon the finaldecision of anyclaim prosecu-ted under thisact, in favour ofthe claimant,such claimant isauthorized todemand and re-ceive of theclerk of thecourt a copy ofthe decree inhis favour.
And a patent.
When anyclaim has beendecided againstthe claimant, orbarred, the landshall belong tothe UnitedStates .
The clerk ofthe court shall,,when any peti-tion of claim isfiled under thisact, requiregood and suffi-cient security toanswer certainpurposes.
examined in court, or by commission under the authority thereof; and itshall be the duty of the commissioner of the general land office of theUnited States , or the keeper of any public records, who may havepossession of the records and evidence of the different tribunals, whichhave been constituted by law for the adjustment of land titles in Mis-souri , as held by France, upon the application of any person or per-sons, whose claim to lands has been rejected by such tribunals, oreither of them, or on the application of any person interested, or by theattorney of the United States for the district of Missouri , to furnishcopies of such evidence, certified under his official signature, with theseal of office thereto annexed, if there be a seal of office.
Sec. 5. And be it further enacted, That any claim to lands, tene-ments, or hereditaments, within the purview of this act, which shallnot be brought by petition before the said courts, within two yearsfrom the passing of this act, or which, after being brought before thesaid courts, shall, on account of the neglect or delay of the claimant,not be prosecuted to a final decision w'ithin three years, shall be foreverbarred, both at law and [in] equity, and no other action, at common law,or proceeding in equity, shall ever thereafter be sustained in any courtwhatever, in relation to said claims.
Sec. 6. And be it further enacted, That, upon the final decision ofany claim prosecuted under this act, in favour of the claimant orclaimants, it shall and may be lawful for such claimant to demandand receive from the clerk of the court in which such final decision ishad, a copy of the decree, in his, her, or their favour, under the officialsignature of the clerk, and the seal of the court, if any seal belong to it,and deliver the same to the surveyor of public lands, for the state ofMissouri , who shall, thereupon, cause the land specified in said decree tobe surveyed, at the expense of the party; and duplicate plats, and cer-tificates of the survey, so made, to be returned into his office, one ofwhich shall remain in said office, and the other, authenticated by theattestation and official signature of the surveyor of public lands, shall bedelivered, on demand, to the party interested therein, and the same beingpresented to the commissioner of the general land office, in Washingtoncity, shall entitle the party interested to a patent from the President ofthe United States .
Sec. 7. And be it further enacted, That in each and every case inwhich any claim, tried under the provisions of this act, shall be finallydecided against the claimant, and in each and every case in which anyclaim cognisable, under the terms of this act, shall be barred by virtueof any of the provisions contained therein, the land specified in suchclaim shall, forthwith, be held and taken as a part of the public lands ofthe United States , subject to the same disposition as any other public landin the same district.
Sec. 8. And be it further enacterl, That the clerk of said court shall,and he is hereby directed, when any petition of claim is filed, under theprovisions of this act, before any proceedings thereon, to require goodand sufficient security for all cost and charges which may accrue thereonin prosecuting the same to a final decree; and the district attorney, clerk,marshal, attending witnesses, and jurors, shall severally be allowed suchfees for their services and attendance as may be allowed by law for thelike services and attendance in the district court of the state of Missouri ,to be paid by the party calling for such service or attendance, exceptwhere the petitioner or petitioners fail to prosecute his, her, or theirsuit, or claim to a final decree, or to obtain a final decree in his, her, ortheir favour, or where any such title or claim may have been presentedto the commissioner or the register and receiver, acting as commissionersfor the examination of titles and claims to land in said district, andby them has been reported unfavourably on, in all of which cases, all