Page:United States Statutes at Large Volume 20.djvu/197

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172 FORTY-FIFTH CONGRESS. Sess. II. Ch. 319, 320. 1878. States and the rules of said court; and that the said Court of Claims shall have full jurisdiction to hear andAetermine such claim or demand, according to the principles of justice and international law. Proceedings in Sec. 2. That at the hearing or on the trial of any suit so commenced,

  • 1*** °““*°· either party, plaintiff or defendant, shall have the right to use before

the court any testimony or documents which may be relevant to, and competent upon, the issues joined between the parties; and that the proceedings, trial, decision, and judgment of the said court shall be had in the same manner as in all other cases before the said Court of Claims, and have the same effect; and that either party, plaintiff or defendant may appeal from the decision or judgment of the said Court of Claims to the Supreme Court of the United States in the same manner as now Judgmmm provided for in other cases: Provided, however, That if any final judgment be found in favor of a claimant or plaintiff, the same shall only be paid and satisfied out of the balance of said Chinese indemnity fund; and if said judgment shall bein favor of the defendant, then such claimants shall be forever barred in law and equity from hereafter making any claim upon or against said fund. Approved, June 19, 1878. Juno1Q, 1878. CHAP. 320.-An act to authorize the claimants to certain lands in Santa Barbara --———-—————-———— County, California, to submit their claim to the United States district court for that State for adjudication. Be it enacted by the Senate and House of Representatives of the United Rancho L,,,, gm- States of America in Congress assembled, That the claimants to lands situces. ated in Santa Barbara County, California, known as the Rancho Las Ul¤i¤¤q¤f¤_ may Cruces, who reraign title through the original Mexican grantee of said £’;3‘;:°‘L;“ rancho, are hereby permitted and authorized to present their claim to ,,5;, said lands to the district court of the United States for the district of California for examination; and if, upon the hearing of said case, it shall appear to said court that the claim of the original grantee was good and valid under Mexican laws relating to such cases, the said court Limits of con- shall by decree confirm said claim: Provided, That no lands shall be H¤¤¤*i°¤· confirmed to said claimants by said decree exceeding in area eight thousand eight hundred and eightyeigbt acres, nor any la ds to which there are any valid claims existing under the pre—emption or homestead laws of the United States at the date of the passage of this act; nor shall any decree of confirmation affect any valid adverse right of any other person or persons, or give to the confirmees, or any of them, any claim upon the United States for compensation for any land such confirmees may lose by reason of pre-em ption or homestead claims or adverse rights Preliminary re- as aforesaid: Provided further, that said claimants, before filing their l¢=¤S<¢¤· claim shall execute releases to any persons who may be in possession of any portion of said lands under valid claims under the pre-emption, homestead, or other laws of the United States at the date of the passage of this act, to the portions of said lands so held respectively; and before rendering a decree of confirmation, the said court shall ascertain that said releases have been duly executed. Anno!. Sec. 2. That in case said claim is rejected by said court then said claimants are hereby granted the right of appeal to the Supreme Court of the United States, within the time and in the manner now provided Law governing by law in like cases. The said courts in the examination of the claims caige I 1 41 presented by any person under this act, shall be governed, so far as 9 gtéfimj applicable, by the provisions of the act passed March third anno Domini ’ eighteen hundred and fifty-one, entitled "An act to ascertain and settle private land claims in the State of California." Survey on filing Sec. 3. That the United States surveyor-general for California is here- WMI d¤¤¤‘€<>~ by directed, upon the filing in his office by said claimants of a certified copy of a final decree of confirmation, under the provisions of this act, to cause said claim to be surveyed as other claims of like nature are