the general system of United States land surveys; and the Commissioner of the General Land-Office, under the direction of the Secretary of the Interior, shall be authorized to issue scrip, in legal subdivisions, to the said Valentine, or his legal representatives, in accordance with the provisions of this act: Provided, That no decree in favor of said Valentine shall be executed nor be of any force or effect against any person or persons; nor shall land-scrip or patents issue as herein before provided, unless the said Valentine shall first execute and deliver to the Commissioner of the General Land-Office a deed conveying to the United States all his right, title, and interest to the lands covered by said Miranda grant." And whereas the said Thomas B. Valentine did, on the 5th day of June, A. D., 1872, pursuant to the act aforesaid, file in the said circuit court of the United States, a petition praying the said court to hear and decide upon the merits of his claim to the said Rancho Arroyo de San Antonio, whereupon the said court, on the 6th day of January, A. D., 1873, in the cause entitled Thomas B. Valentine v. United States, rendered the following decree: In this case, on hearing the proofs and allegations, it is ordered, adjudged, and decreed that the said claim of the petitioner is valid, and that the same be and hereby is confirmed; but this decree and confirmation are hereby made subject to the restrictions and limitations prescribed in the act of Congress entitled "An act for the relief of Thomas B. Valentine," approved April 5, 1872. The land of which confirmation is made is the same which was granted by Manuel Micheltorena, in the name of the Mexican government, to Juan Miranda, on the 8th day of October, 1844, and on which he resided in his lifetime, and is known by the name of Rancho Arroyo de San Antonio, and bounded by the laguna and arroyo of the same name, and the pass and estero of Petaluma; and is in extent three square leagues, if that quantity is to be found within the exterior boundaries, and no more; and if a less quantity is included in said boundaries, then said lesser quantity is confirmed. LORENZO SAWYER, Circuit Judge. Which said decree was affirmed by the Supreme Court of the United States on the 6th day of January, A. D., 1874, as follows: UNITED STATES OF AMERICA, SS: The President of the United States of America to the honorable [L. S.] the judges of the circuit court of the United States for the district of California, greeting: WHEREAS, lately, in the circuit court of the United States for the district of California, before you, or some of you, in a cause between Thomas B. Valentine, complainant, and the United States, defendant, wherein the decree of the said circuit court, entered in said cause on the 6th day of January, A. D. 1873, is in the following words, viz: “In this case, on hearing the proofs and allegations, it is ordered, adjudged, and decreed that the said claim of the petitioner is valid, and that the same be, and hereby is, confirmed; but this decree and confirmation are hereby made subject to the restrictions and limitations prescribed in the act of Congress entitled 'An act for the relief of Thomas B. Valentine,' approved April 5, 1872. The land of which confirmation is made is the same which was granted by Manuel Micheltorena, in the name of the Mexican government, to Juan Miranda, on the 8th day of October, 1844, and on which he resided in his lifetime, and is known by the name of Rancho Arroyo de San Antonio, and bounded by the laguna and arroyo of the same name, and the pass and estero of Petaluma, and is in extent three square leagues, if that quantity is to be found within the exterior boundaries, and no more; and if a less quantity is included in said boundaries, then said less quantity is confirmed," as by the inspection of the transcript of the record of the said circuit court, which was brought into the Supreme Court of the United States by virtue of an appeal, agreeably to the act of Congress, in such case made and provided, fully and at large appears. And whereas, in the present term of October, in the year of our Lord one thousand eight hundred and seventythree, the said cause came on to be heard before the said Supreme Court, on the said transcript of record, and on motion of Mr. Assistant Attorney General Goforth, of counsel for the appellants, it is now here ordered, adjudged, and decreed by this court that the decree of the said circuit court in this cause be, and the same is hereby, affirmed. 6th January, 1874. You therefore, are hereby commanded that such proceedings be had in said cause as, as according to right and justice, and the laws of the United States, ought to be had, the said appeal notwithstanding. Witness the honorable Nathan Clifford, senior associate justice of said Supreme Court, the seventh day of January, in the year of our Lord one thousand eight hundred and seventy-four. D. W. MIDDLETON, Clerk of the Supreme Court of the United States. And whereas, it appears that the tract of land described in the said decree, affirmed as aforesaid, contains an area of 13,316 acres, or three square leagues of land; And whereas, pursuant to the aforesaid act of Congress, there has been deposited in the General Land-Office a deed bearing date December 17, A. D. 1873, by which the said Thomas B. Valentine and Maria A., his wife, conveyed to the United States all their right, title, or interest in the said Rancho Arroyo de San Antonio, above described, which said deed was recorded on the 22d day of January, A. D. 1874, in the office of the recorder of deeds for the county of Sonoma, State of California: Now, therefore, be it known, that on surrender of this certificate to the register of any land-office of the United States, the said Thomas B. Valentine, or his legal representatives, shall be entitled to enter, in part satisfaction of said claim, the quantity of acres of land upon any of the "unoccupied and unappropriated public lands of the United States, not mineral, and in tracts not less than the subdivisions provided for in the United States land laws, and if unsurveyed when taken, to conform, when surveyed, to the general system of the United States land surveys." By direction of the Secretary of the Interior: Commissioner. No. 639. IV. TESTIMONY AND DEPOSITIONS. INSTRUCTIONS RELATIVE TO TESTIMONY. DEPARTMENT OF THE INTERIOR, GENERAL LAnd Office, Washington, D. C., August 18, 1874. REGISTER AND RECEIVER, Detroit, Minn. GENTLEMEN :- * * * It is noticeable in this case that the register and receiver sustained objections to a number of questions, and the witnesses were not allowed to answer the same. You will be particular hereafter when an objection is made to note the same, giving the grounds of objection fully, and then receive the answer. It will be considered in connection with the objection. In no case is it your duty to decline to receive an answer. It is important that said mistake does not occur again. Respectfully, S. S. BURDETT, Commissioner. No. 640. D. S. DANA. In cases of contest, depositions of certain witnesses may be taken, with notice to the opposing party near their place of residence. DEPARTMENT OF THE INTERIOR, GENERAL LAND OFFICE, Washington, D. C., July 29, 1874. REGISTER AND RECEIVER, Salt Lake City, Utah. GENTLEMEN :-I am in receipt of your application, by D. S. Dana, attorney for Margaret A. Herbel, asking that she may, be allowed to take the depositions of certain witnesses on matter concerning her contest with one Wm. Thompson for E. & N. E. and S.W. N. E. 20, 7 N., 3 E., at Provo, in your territory, alleging as a reason for this request that it is more than fifty miles from the disputed tract to the local office, and that some of her witnesses are old and infirm, and unable to travel that distance. It thus appearing that it would work a great disadvantage to Mrs. Herbel were she not allowed to take these depositions, you are hereby instructed to notify her that she will be allowed to take them upon due notice to Wm. Thompson, or his representative, of the time and place of such taking. Upon the receipt of the depositions you will connect them with the papers in the case, and consider them when you render your opinion in the premises. Respectfully, S. S. BURDETT, Commissioner. V. REGULATIONS IN REFERENCE TO APPEALS. No. 641. GENERAL LAND OFFICE, The following regulations are established by authority of the Secretary of the Interior, communicated to this office in his letter of 21st instant, in relation to appeals to his Department proper, and will be observed and enforced from and after this date: 1st. In every case when an appeal may hereafter be taken from the decision of this office, the party appealing or his attorney will be required to notify the office in writing of the points of exception to its action. 2d. An opportunity will also be afforded to other parties interested. in the case to be heard, if desired, and a reasonable time will be allowed. 3d. All parties to such appeals will be required to file in this office all arguments and documents of whatever character, before the cases are submitted to the Department, in order that they may be referred to and considered in our report to the Secretary, if deemed expedient. 4th. In submitting cases on appeal, particular care will be taken to state the question or questions at issue and the grounds of appeal, and the action of the Department will be confined to those questions alone, unless sufficient cause should appear for looking beyond them. THOS. A. HENDRICKS, Commissioner of the General Land-Office. May 4, 1871, the Secretary directed compliance with the above instructions, especially the third paragraph. No. 642. DEPARTMENT OF THE INTERIOR, Washington, D. C., Feb'y 11, 1871. SIR-In order to facilitate the disposal of appeal cases from your office I have to request that in each case hereafter you will furnish a brief of the evidence, a full and clear synopsis of the contents of the papers, and a citation of the laws bearing upon the questions at issue. I am, sir, very respectfully, your obedient servant, C. DELANO, Secretary. Commissioner General Land-Office. No. 643. OVERMAN MINING CO. v. DARDANELLES MINING CO. An appeal to the Commissioner from the decision of the local officers brings up the entire case and gives the Commissioner jurisdiction thereof, and when the appeal has been dismissed the appellant cannot thereafter appeal from any order made prior to the one first appealed from. Decision by the Secretary, July 16, 1873. (See Copp's Mining Laws.) No. 644. CIRCULAR. DEPARTMENT OF THE INTERIOR, GENERAL LAND OFFICE, Washington, D. C., July 17, 1871. REGISTER AND RECEIVER:-The attention of this Office has been called to arbitrary decisions of local land-officers touching questions con nected with the disposition of the public lands, and involving the right and interests of parties who are left to suppose that in case of a decision adverse to their interests they must either submit to such decision of the local officers or appeal directly to this Office, and hence ex-parte statements are frequently sent up, causing delay in the attainment of the object sought, and much needless correspondence. In view of this irregularity of proceeding you will in future, upon deciding any legitimate question which may, in the course of your official action, come before you, be careful to inform the aggrieved party that he has a right to appeal from your decision to this Office; and in case he should desire the matter sent up, let his appeal be made in writing and placed in your hands, when you will make a full report of the case, with your joint opinion thereon, and transmit the same to this Office for consideration and decision. When the decision of this Office shall be communicated to the party through you, if he should desire to appeal to the Secretary of the Interior, allow him to do so through you, giving sixty days' time for that purpose. In case of such appeal all further proceedings will be stayed until the appeal has been determined and you notified thereof through this Office. Please to acknowledge the reception of this circular. REGISTERS AND RECEIVERS, UNITED STATES LAND-OFFICES. GENTLEMEN:-To facilitate the settlement of contests, and the final adjudication of cases in which hearings have been held before you, and which have been decided by this Office, you are directed to report promptly, every week, the status of all cases having been so decided, where the time prescribed in the notice has elapsed. You will report the time and manner of service of notice on the parties in contest, and whether or not said parties have filed a notice of appeal to the Secretary of the Interior. You will, in like manner, at the expiration of the time allowed by this Office, report the filing of all arguments in cases awaiting transmission to the appellate authority. You are directed to report each case separately, giving the names of the contestants, the description of the tracts, and the date of the decision, or other letter of this Office, in order that your reports may be properly docketed and placed with the cases to which they pertain. In every case you will give the initial letter, indicating the division of this Office which has conducted the correspondence in such cases. Strict compliance with these instructions is requested. S. S. BURDETT, Commissioner. |
