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Show 116 REPORT OF TEE O O ~ B I O ~OFR I NDIAN AFFAIRS. After the acquisition of this territory, Congress, on ~ a & 3h, 1851 (9 Stat., 631), pamd an act entitled "An aet to @certain and settle the private land claims in the state of California," which created a commission to receive and act upon all peti-tions for confirmation of such claims. Its decision was subject to appeal to the district court of the United States and thence to this court. As originally organized the commiesiou was to continue for three years, but that time was extended by subsequent legislation. Sections 8, 13, 15, and 16 are as follows: SEC.8 . That C B C ~an d every yersolr elailnulg lsnda in rsllfunlia by slrc le of any righr or rifle t l ~ r i v ~frdom the Spanish or Muxiran Cuvcrnmrn! shall prnenc [be banlo to rhc pa~dc ummix~roacm when plninz aj a boani. tslxr.thrr with .uch loromc~llarvtv idcnue and twi!nonvoi sillawes a* !Ilc mid claimsit relies u ~ inn wp pon of such claims: 8nd it shall be the duty of the commkioners, when lhs csac is ready for hoanog, m proceed prumprly to er~mrnetl ac same upvo such evldenre and npon the eYintnn prcdueMl ia behnll 'I ahc llnil?d Srale;, x r ~ llo Jeelde ,yon rlre rrl#ditso f the mid elam and with,. tbinv tlars sfrer 30th deeldon ie rendered to renlfv rherxnw.. wlrh t l ~ ~ . ~ reaeons on which it is founded, d th; district attorney of the united States in and for the 'district in which such decision shall be rendered. SEC. IS. That all lsndR the claims to which hsve been finally rejected by the commissioners in the manner herein pmvlded, or which shall be Anally deoided to beinvdid by the didtrict or Sup-e Court. and d l lands the elaims to which shall not have been resented to thesaid eonmtmionem within two Years after the dsteof tbls aot, shall be deemed, hdd, and considered a9 phrt of the Wblio dumainof the Unireddrater: nud for all claim Ii~mallr oruinmlnl by themid ~omollariun~m~boy r thcmid LLI111,cl UI SupnmeC~urt8 pxtant shall irnucto ihorl~irnanru pox, hisprere~cingrorhet ien. era1 Land Gcicc all aucheatir ~r.rrrdralsof ,uch rorlfirmarion and n olat or sum'\' of thv a . 1 lrl>d. b l y eertiaed and appmvea by the euraeyor-general of California, wbose duty it shall be to cause ali prival~r l a l u wbil'h $hall ht. Lnally eon6rmr.i m he xccurarely aurvzyrd, xtlcl to fun,ish pisu of the w e ; and in tlle lcxenon of rhu aald rlalllla the said sumrgor.~ctteral rhsll have tberemv power and autholll~~1n1~ (.ronfrmdu n rhr renialmr, f the I&n..I onlc~e*n~r1l, relvcr vf the io#ll,liu mo ~ t r r ~ o f lnuisiari by the skth seotion of t h e h "to create the omoe of suneyor of the public lands 10; the State of Uoishna." approved third March, one thowand eight hundred and thirty-one: Provided ohuays, That if the title of the olaimsnt to such Ian* shsll be oonteeted by any other pemn, it shsll and -7 be Iawhll for such Demon to nreaent s. oetition to the district iudee of the United Statptp for ~ ~ ~~~~~~- the disthot in which the lanhs are sitked, P I & ~ and distinctly set&g<orth hia title thereto. snd ~ ~ praying ihe~ardjl rdg~1 0 I I F I ( T ~J(~.~~l~,n nlnet l t~i l i lnR~ L, I I P o~f ~ 1 ~ h1 V. C I ~ ~ IOT&I all bewrvedup~ll llle adsem i*ny rhirty days behm the time sppoirt~rdf or hesrin~l:l llr *me: d?ulprmWed funhw, That I I shrll nrl.1 may be lruful for tna tliirrir~.~ nrddco f ibo United staler. u ~ t a,h e Ilmrinu of .lwh v~ ~ ~ - - - ~~ - Petition. to mant an injunction to rest- the P-7 at whase instanoe the claim to the aid lands har been w&rmed f m i suing.out a patent for the &meuntil the title theretoshall have been finally dedded, s mpy of which order shall be tra&tted to the Commimionv of the Genuhl Land OWee, and thereupon no petent &dl Wue until such d&on shall be W e , or nntil amcient time shall. inthe &ion of the said .iu da-e., h & ~beee n allowed for obUiurins the same: and ther&r the said injuncbon shall be dissolved. SEC. 15. That the final decrees rendered by the said oommiardoners, or by the district or Supreme Court qf the United States, or any patent to be issued under this act, shall be oonelusi.ie between the United States and the asid olaimanfs only, and shall not affeot the interests of third oersons. SEO. 16. That i t shdl be the duty of the commissioner8 herein provided for to mitainsnd r e ~ r t 10 the Secn.ldn. ol the luterlor the renure 111 wl&h 01" miwon bods are 1.eld. and tlmr held ily eniliwl indiana, ntd ~hmc$5 110 ark vn~~zeind s mieUltllrr OF lnllvr 01 an) h . i , and also tl,uau which am orcllpicd and rl8llivarcd by h r e b l ~or Rsl!cl$'ro Indians. On the bial before the court, without a jury, the finding5 of fact werein subetanee that the plaintiffa had the o w n d i p in fee simple of the premisea described; that the defendanis had no rights or interest therein, and the decree was in accordance therewith. The statement on ao-I. n r e d bv the trial court. disclosed that the plaintiffi introduced in evidencehe pateit to ~ o h Jn. Warner, which patent recited the filing of a petition by Warner with the lend eommiaeion pmvine: for confirma-tion of his title, a title based on two Mexican grants--one june 8, 1840, to Jose Antonio Pico by Juan B. Alvarado, then constitutional governor of the Californias, and the second, November 28,1844, to petitioner by Minual Micheltorena, governor-general commandant and inspector-general of the Californiaw; recited dao a decree of confirmation of such title, an appeal to the district court of the United States and an affirmance of the decision of the cornmiasion, the return of the 8urr7eyor-general of the State showing a survey; and conveyed the premisw to Warner, "but with |