Chapter CXXVI. *in Relation to the Hot Springs Reservation in Arkansas*
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Chap. CXXVI.— An Act *in Relation to the Hot Springs Reservation in Arkansas*. June 11, 1870. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, Persons claiming title to the Hot Springs reservation in Arkansas may bring suit in the court of claims to settle the same;suits to be brought within ninety days. That any person claiming title, either legal or equitable, to the whole or any part of the four sections of land constituting what is known as the Hot Springs reservation in Hot Springs county, in the State of Arkansas, may institute against the United States in the court of claims, and prosecute to final decision, any suit that may be necessary to settle the same:
Provided, That no such suits shall be brought at any time after the expiration of ninety days from the passage of this act, and all claims to any part of said reservation upon which suit shall not be brought under the provisions of this act within that time shall be forever barred. Sec. 2. *And be it further enacted*, That all such suits shall be byForm of suits and how conducted. petition in the nature of a bill in equity, and shall be conducted and determined in all respects, except as herein otherwise provided, according to the rules and principles of equity practice and jurisprudence in the other courts of the United States ; and for the purposes of thisJurisdiction of court of claims. act the court of claims is hereby invested with the jurisdiction and powers exercised by courts of equity so far as may be necessary to give full relief in any suit which may be instituted under the provisions of this act.
Sec. 3. *And be it further enacted*, That notice of every suit authorizedNotice of suit. by this act shall be executed by the delivery of a true copy thereof with a copy of the petition to the Attorney-General, whose duty it shall be, forAttorney-General to answer, &c. within thirty days. and in behalf of the United States, to demur to or answer the petition therein, within thirty days after the service of such process upon him, unless the court shall for good cause shown grant further time for filing the same.
Sec. 4. *And be it further enacted*, That if two or more parties claimingProceedings150FORTY-FIRST CONGRESS. Sess. II. Ch. 126, 127. 1870. where parties claim same lands under different rights, and institute different suits.the same lands under different rights shall institute separate suits under the provisions of this act, such suits shall he consolidated and tried together, and the court shall determine the question of title and grant all proper relief as between the respective claimants as well as between each of them and the United States.
Sec. 5. If the decision is in favor of the United States, court to appoint a receiver.Duty of receiver;bond;*And be it further enacted*, That if, upon the final hearing of any cause provided for in this act, the court shall decide in favor of the United States, it shall order such lands into the possession of a receiver to be appointed by the court, who shall take charge of and rent out the same for the United States, until Congress shall by law direct how the same shall be disposed of, which said receiver shall execute a sufficient bond to be approved by the court, conditioned for the faithful performance of his account;duties as such, render a strict account of the manner in which he shall have discharged said duties, and of all moneys received by him as a receiver as aforesaid, which shall be by said court approved or rejected accordingly as it may be found correct or not, and pay such moneys into the treasury of the United States; and he shall receive such reasonable compensation;compensation for his services as said court may allow, and in case of a how may be compelled to do his duty.If decision is in favor of claimant, he is to be put in possession;failure of said receiver to discharge any duty devolving upon him as such, the court shall have power to enforce the performance of the same by rule and attachment.
But if the court shall decide in favor of any claimant, both as against the United States and other claimants, it shall so decree, and proceed by proper process to put such successful claimant in possession of such portion thereof as he may be thus found to be entitled to, and upon the filing of a certified copy of such decree with the patent to be issued.Secretary of the Interior, he shall cause a patent to be issued to the party in whose favor such decree shall be rendered for the lands therein adjudged Either party may appeal to Supreme Court.to him: *Provided*, That either party may within ninety days after the rendition of any final judgment or decree in any suit authorized by this act, carry such suit by appeal to the Supreme Court of the United Jurisdiction of the court.States, which court is hereby vested with full jurisdiction to hear and determine the same on such appeal, in the same manner and with the same effect as in cases of appeal in equity causes from the circuit courts Duty of Attorney-General in case of appeal.of the United States: *And provided further*, That in case the judgment or decree of the court of claims in any such suit shall be adverse to the United States, the Attorney-General shall prosecute such appeal within Effect of appeal.the time above prescribed ; and the taking of an appeal from any such judgment or decree shall operate as a supersedeas thereof until the final hearing and judgment of the Supreme Court thereon.
J. G. BLAINE, *Speaker of the House of Representatives*, SCHUYLER COLFAX, *Vice-President of the United States and President of the Senate*. Received by the President, May 31, 1870. [Note by the Department of State.—The foregoing act having been presented to the President of the United States for his approval, and not having been returned by him to the house of Congress in which it originated within the time prescribed by the Constitution of the United States, has become a law without his approval.]