EIGHTEENTH CONGRESS. Sess, I. Ch. 173. 1824.
cost, charges, and expenses of such prosecutions, shall be paid by thepetitioner or petitioners ; that the clerk of the court, in which the finaldecree shall be had, shall be allowed one dollar and fifty cents for theofficial copy of such final decree; that the surveyor of public lands shallbe allowed one dollar for each of the official certificates required of him,and the keeper of the records and evidence, taken under former acts ofCongress , for the adjustment of land titles, shall be allowed at the rate often cents for every hundred words contained in any such written evidenceof their claim, to be paid by the party applying therefor.
Sec. 9. And be it further enacted, That it shall be the duty of the attor-ney of the United States for the district in which the suits authorized bythis act shall be instituted, in every case where the decision is against theUnited States , and the claim exceeds one thousand acres, to make outand transmit, to the attorney general of the United States , a statementcontaining the facts of the case, and the points of law on which the samewas decided; and if the attorney general shall be of opinion that the de-cision of the district court was erroneous, it shall be his duty to directan appeal to be made to the Supreme Court of the United States , and toappear for, and prosecute, the said appeal in that court; and it shall be thefurther duty of the district attorney to observe the instruction given to himby the attorney general in that respect.
Sec. 10. And be it further enacted, That it shall be the duty of themarshal of the state of Missouri , by himself or deputy, to attend thesaid court while in session, and to execute all process to him directed bythe court, under this act.
Sec. 11. And be it further enacted, That if, in any case, it should sohappen that the lands, tenements, or hereditaments, decreed to any claim-ant, under the provisions of this act, shall have been sold by the UnitedStates , or otherwise disposed of, or if the same shall not have been here-tofore located, in each and every such case, it shall and may be lawful forthe party interested to enter, after the same shall have been offered atpublic sale, the like quantity of land, in parcels, conformable to sectionaldivisions and subdivisions, in any land office in the state of Missouri ;and, if it should so happen, that, in making such entries, there shouldremain in the hands of the enterer a fractional excess of acres, of lessnumber than the smallest sectional divisions authorized by law to be sold,it shall and may be lawful for the party interested to enter, in virtue ofsuch fractional excess, the quantity of one half quarter section, upon pay-ing one dollar and twenty-five cents for each acre contained in such halfquarter section, over and above the fractional excess to which he may beentitled by such confirmation.
Sec. 12. And be it further enacted, That, for the purpose of carryinginto effect the provisions of this act, the judge of the district court forthe state of Missouri , shall hold his sessions at the following places, viz : atthe town of St. Louis, in the county of St. Louis , on the third Mondayof September next; at the town of St. Genevieve, in the county of St.Genevieve, on the third Monday of December next, and at the town ofJackson, in the county of Cape Girardeau , on the third Monday of Aprilnext; he shall appoint his own clerks; and after the first and each of thesaid sessions, he shall thereafter sit, upon his own adjournments, at theplaces aforesaid, until all the business before him shall be completed, orthe time limited by this act shall have expired, of which said adjourn-ments, and the time of holding the special sessions, aforesaid, publicnotice shall be given at each of the places aforesaid, and at such otherplaces, in the state of Missouri , as he shall direct: Provided, That at eitherof the places aforesaid, the court may take cognisance and jurisdiction ofany claim within the limits of the state : Provided, moreover, That, ifthere should be any person defending against the confirmation of suchclaim, in such case the trial, in case he shall request the same, shall be
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Fees.
The marshalto attend thesaid court whilein session.
The partyinterested,where the lands,&c. decreed toany claimantunder this act,shall have beensold by the Uni-ted States orhave been here-tofore located,to enter a likequantity in anyland office inMissouri .
To carry thisact into effect,the judge of theMissouri districtshall hold hissessions at thetown of St.Louis , &c.
The court maytake cognisanceof any claimwithin the state.