Page:United States Statutes at Large Volume 5.djvu/247

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Statute ⅠⅠ.


Feb. 22, 1838.

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.

1842, ch. 187.
Act of March 3, 1837, ch. 39.
Commissioners may adjourn their sessions to such places in Miss. as the interest of the government and claimants may require.
In case of the death, &c., of one of the commissioners, the others may act.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the commissioners provided for in the act hereby amended, or a majority of them, shall have full power and authority to adjourn their sessions to such place or places, within the State of Mississippi, as in their judgment the interest of the Government and of the claimants may require such sessions to be held.

Sec. 2. And be it further enacted, That in case of the death, resignation, or absence of any one of the said commissioners, the remaining two commissioners shall have full power and authority to proceed and execute the powers given by this act or the act hereby amended.

Commissioners to have power to compel the attendance of witnesses, &c.; also, to make rules for, &c., to employ interpreters, &c.Sec. 3. And be it further enacted, That the said commissioners shall have all the powers of a court of record, for the purpose of compelling the attendance of witnesses, administering oaths, touching matters depending before them, preserving order, and punishing contempts; and shall have power to make all needful rules for the regulation of the proceedings before them, as well as to employ one or more interpreters, and one or more agents to collect testimony for the United States.

Appropriation.Sec. 4. And be it further enacted, That for defraying the contingent expenses of the said commission, the sum of five thousand dollars be, and the same is hereby, appropriated, out of any money in the Treasury not otherwise appropriated.

Act continued till 1st August next.Sec. 5. And be it further enacted, That the said act shall be and remain in force until the first day of August next.

Dist. Att’y to receive the same compensation as a commissioner.
Claims of Indians who have removed west of the Mississippi not embraced.
Sec. 6. And be it further enacted, by the authority aforesaid, That the compensation to be made to the district attorney for his services, shall be equal to the compensation allowed to a commissioner under the act hereby amended.

Sec. 7. And be it further enacted, That nothing contained in this act, or the act which this is intended to amend, shall be so construed as to embrace the claim of any Indian or head of a Choctaw family, who has removed west of the Mississippi river.

Any claimant attempting to substitute the child of any other Indian for his own, &c., shall be stricken from the list.Sec. 8. And be it further enacted, That if it shall be proved to the satisfaction of said commissioners that any claimant has attempted, or shall attempt to substitute the child of any other Indian as and for his own, or has attempted or shall attempt, by his testimony, to substitute for the child of any other claimant, the child of another Indian, the name of such claimant so attempting to make such substitution, shall be stricken from the list of claimants.

Approved, February 22, 1838.

Statute ⅠⅠ.



March 2, 1838.

Chap. XIV.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 the United States of America in Congress assembled,No suit, &c., in which the late Bank of the U. S. is a party, shall abate, &c., by reason of the expiration of the two years after the expiration of the charter. That no suit, action, judgment or decree, now pending and unsatisfied, in which the late Bank of the United States is a party, plaintiff or defendant, shall abate, or be discontinued or dismissed, by reason of the expiration of the two years after the expiration of the charter, limited by the twenty-first section of the act of incorporation of the said bank, for the use of the corporate name, style, and capacity of said bank, for the purpose of suits for the final settlement and liquidation of the affairs and accounts of the corporation; but all such suits, actions, judgments and decrees,