286
Repeal ofcertain provi-sions.
Attorneygeneral of theUnited States ,for the districtin which thesuits authorizedby this act shallbe instituted, inevery casewhere the de-cision is againstthe UnitedStates , to makeout and trans-mit to the attor-ney general astatement con-taining the factsof the case, &c.
The Presi-dent to appointassistant coun-sel.
Claims tolands, &c.,within the pur-view of this act,forever barredafter the pass-age of this act,if, &c.
Statute I.May 23, 1828.
Where pub-lic lands have
the costs shall abide the decision of the cause as in ordinary causes beforethe said court. And so much of the said act as requires the claimants tomake adverse claimants parties to their suits, or to show the court whatadverse claimants there maybe to the land claimed of the United States ,be also hereby repealed.
Sec. 9. And be it further enacted, That it shall be the duty of theattorney of the United States for the district in which the suits autho-rized by this act shall be instituted, in every case where the decision isagainst the United States , to make out and transmit to the attorneygeneral of the United States , a statement, containing the facts of thecase, and the points of law on which the same was decided: and it shallbe the duty of the attorney general, in all cases where the claim exceedsone league square, and in all other cases, if he shall in such latter casesthink the decision of the district judge is erroneous, to direct an appealto be made to the Supreme Court of the United States , and to appearfor the United States , and prosecute such appeal: which appeal in behalfof the United States may be granted at any time within six months afterthe rendition of the judgment appealed from, or at any time before theexpiration of the term thereof, which may commence next after theexpiration of said six months; and it shall be the further duty of thedistrict attorney to observe the instruction given to him by the attorneygeneral in that respect.
Sec. 10. And be it further enacted, That it shall be lawful for the Pre-sident of the United States to appoint a law agent, whose special duty itshall be to superintend the interests of the United States in the premises,to continue him in place as long as the public interest requires hiscontinuance; and to allow such pay to the agent as the President maythink reasonable. It shall also be the duty of said agent to collect testi-mony in behalf of the United States , and to attend, on all occasions,when said claimants may take depositions; and no deposition so takenby them shall be read as evidence, unless said agent or district attorneyshall have been notified, in writing, of the time and place of takingthem, so long previous to said time as to afford to him an opportunity ofbeing present.
Sec. 11. And be it further enacted, That it shall be lawful for thePresident to^employ assistant counsel, if in his opinion the public inte-rest shall require the same : and to allow to such counsel and the districtattorney, such compensation as he may think reasonable.
Sec. 12. And be it further enacted, That any claims to lands, tene-ments, or hereditaments, within the purview of this act, which shallnot be brought by petition before said court within one year from thepassage of this act, or which, after being brought before said court, shall,on account of the neglect or delay of the claimant, not be prosecuted toa final decision within two years, shall be forever barred, both at law andin equity; and no other action at common law, or proceeding in equity,shall ever thereafter be sustained in any court whatever.
Sec. 13. And be it further enacted, That the decrees which may berendered by said district, or the Supreme Court of the United States ,shall be conclusive between the United States and the said claimantsonly, and shall not affect the interests of third persons.
Approved, May 23, 1828.
Chap. LXXI .—Jin Act for the relief of purchasers of the public lands thathave reverted for non-payment of the purchase money. («)
Be it enacted by the Senate and House of Representatives of the UnitedStates of America, in Congress assembled, That, in all cases where public
(a) See notes to the act of March 21, 1828, ch. 22.