TWENTY-FIFTH CONGRESS. Sess.II. Ch. 13,14. 1838.
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Chap. XIII .—An Act to amend an act entitled “An act for the appointment of
commissioners to adjust the claims to reservations of land under the fourteenth
article of the treaty of eighteen hundred and thirty with the Choctaw Indians .”
Be it enacted by the Senate and House of Representatives of theUnited States of America in Congress assembled , That the commis-sioners provided for in the act hereby amended, or a majority of them,shall have full power and authority to adjourn their sessions to suchplace or places, within the State of Mississippi , as in their judgmentthe interest of the Government and of the claimants may require suchsessions to be held.
Sec. 2. And be it further enacted , That in case of the death, resig-nation, or absence of any one of the said commissioners, the remainingtwo commissioners shall have full power and authority to proceed andexecute the powers given by this act or the act hereby amended.
Sec. 3. And be it f urther enacted , That the said commissioners shallhave all the powers of a court of record, for the purpose of compellingthe attendance of witnesses, administering oaths, touching matters de-pending before them, preserving order, and punishing contempts; andshall have power to make all needful rules for the regulation of the pro-ceedings before them, as well as to employ one or more interpreters,and one or more agents to collect testimony for the United States .
Sec. 4. And be it f urther enacted , That for defraying the contingentexpenses of the said commission, the sum of five thousand dollars be,and the same is hereby, appropriated, out of any money in the Treasurynot otherwise appropriated.
Sec. 5. And be it further enacted , That the said act shall be andremain in force until the first day of August next.
Sec. 6. And be it further enacted , by the authority aforesaid , Thatthe compensation to be made to the district attorney for his services,shall be equal to the compensation allowed to a commissioner under theact hereby amended.
Sec. 7. And be it further enacted , That nothing contained in thisact, or the act which this is intended to amend, shall be so construedas to embrace the claim of any Indian or head of a Choctaw family,who has removed west of the Mississippi river.
Sec. 8. And be it further enacted , That if it shall be proved to thesatisfaction of said commissioners that any claimant has attempted, orshall attempt to substitute the child of any other Indian as and for hisown, or has attempted or shall attempt, by his testimony, to substitutefor the child of any other claimant, the child of another Indian, thename of such claimant so attempting to make such substitution, shallbe stricken from the list of claimants.
Approved, February 22, 1838.
[Expired,]
Act of March 3,1837, ch. 39.Commission-ers may adjourntheir sessions tosuch places inMiss, as the in-terest of the go-vernment andclaimants mayrequire.
In case of thedeath. &.c., ofone of the com-missioners, theothers may act.
Commission-ers to havepower to com-pel the attend-ance of wit-nesses, &,c.;also, to makerules for, &.c.,to employ inter-preters, &c.Appropriation.
Act continuedtill 1st Augustnext.
Dist. Att’y toreceive thesame compen-sation as a com-missioner.
Claims of In-dians who haveremoved westof the Missis-sippi not em-braced.
Any claimantattempting tosubstitute thechild of anyother Indian forhis own, &c.,shall be strickenfrom the list.
Chap. XIY. — An Act to prevent the abatement of suits and actions now pending,in which the late Bank of the United States may be a party .
Be it enacted by the Senate and House of Representatives of theUnited States of America in Congress assembled , That no suit, action,judgment or decree, now pending and unsatisfied, in which the lateBank of the United States is a party, plaintiff or defendant, shall abate,or be discontinued or dismissed, by reason of the expiration of the twoyears after the expiration of the charter, limited by the twenty-firstsection of the act of incorporation of the said bank, for the use of thecorporate name, style, and capacity of said bank, for the purpose ofsuits for the final settlement and liquidation of the affairs and accountsof the corporation; but all such suits, actions, judgments and decrees.