May administer oaths.

Take depositions

and issue subpœnas.

Judge of dis

trict court to

ber of the half breeds, originally entitled to the said land, under the treaty and act of congress before mentioned, the names of the owners at the time said report shall be made, with the proportions to which they are respectfully entitled, and the name of the half breed under which each of the said owners claims his or her right, together with all the evidence upon which these facts and opinions are founded; and said report when filed shall be open to the inspection of any person interested.

SECTION 6. The said commissioners shall have power and authority to administer oaths, and take affidavits, and to the same legal effect as the same may by the usages of law be administered or taken, by the judge of the said district court, in all matters relating to, or touching, in any wise, the proceedings to be had before said commissioners. And they are hereby au thorized to issue commissions for taking depositions of witnesses residing out of the territory, to be received in evidence before the said commissioners, in the same manner as the district court of the said county of Lee may or can by law now do.

SECTION 7. The said commissioners shall have authority to issue subpoenas, and other process, to compel the attendance of witnesses, in the same manner as the district court of any of the counties of this territory may lawfully do.

SECTION 8. The judge of the district court of the give judgment. County of Lee shall give judgment at the next term of said court immediately succeeding the filing of the report of said commissioners, in favor of the claimants, for the amount to which they may appear to be res pectively entitled, according to said report, unless on or before the fourth day of said term exceptions shall be filed against said report, or any part thereof: provided, that judgment shall not be entered at any term of the said court, unless said report, and the evidence supporting the same, shall have been filed with the clerk of the district court of the county of Lee, and public notice given of such filing at least sixty days before the first day of said term.

Proviso.

When question to be tried in the district court.

SECTION 9. If exceptions should be filed by any person interested, within the time appointed, the decis ion of the question or questions, embraced in such exceptions, shall be made by the said district court, in

the same manner as if a petition for partition had been duly made to the said court, and notice of service duly proved under the general provisions of the act of the legislative council of Michigan, passed the 12th day of April, 1827, entitled "an act to provide for the partition of lands;" and the same proceedings shall be had with regard to trial, judgment, and removal by certiorari, or writ of error, as if the proceedings had been regularly commenced in the said court.

SECTION 10. The judge of the district court of the Special term. county of Lee, is hereby authorized to hold a special term or terms, at such time or times, as he may see fit to adjourn, for the purpose of hearing and deciding upon any question, arising from exceptions filed to the report of the said commissioners.

claims.

SECTION 11. All persons claiming any interest in Time limited said lands, under said treaty and act of congress, who for presenting shall not file their claims as herein required, shall be forever barred from setting up any right in said lands or in the proceeds of the sale thereof: provided, that Proviso. should any claimant, owning a portion of the right of any original half breed, establish his claim under the proceedings herein authorized, and the residue of said right remain unrepresented before the commissioners and the court, that said right of such half breed shall be considered as valid, and the portion of the sales due and coming to such unrepresented interest, shall be retained by the court, to be invested under its direction, in some safe state stock, bearing interest, and as required by the fifth section of this act. And at the expiration of that time, the balance, if any should. remain, shall be paid into the treasury of the territory, or state, in which the said half breed tract may at that time be situated, to be held by the said state or territory, in trust for such absent owners as may at any time hereafter establish their claims, to be paid to the party or parties establishing the right thereto before the said court within three years after the filing of the report of the said commissioners.

of sale.

SECTION 12. Immediately after judgment shall Commissioners have been given, as aforesaid, upon all the claims presented, the following named persons, to wit: John Walsh, of St. Louis, Jeremiah Smith and Antonie LeClaire, of Wisconsin, Samuel Marsh, of New York, and Isaac Galland, of Illinois, or a majority of them,

May sell by the

court.

are hereby authorized to proceed to make sale of said lands, from time to time, according to the judgment or order of the court, and to make surveys and do all things under the direction of the court necessary or proper for making such sales as they shall report their proceedings from time to time to the court, and shall, on receipt of the consideration of such sales, and on ratification of the report of them, make, execute, acknowledge, and deliver to the purchasers, proper deeds for the lands purchased, which shall be effectual to vest in the respective purchasers the absolute title in fee simple, in severalty of the lands so sold and conveyed, free and clear of all right and claim, of all persons under said treaty and act of congress.

SECTION 13. The said court is authorized to cause direction of the the said lands, or any part of them, to be sold by said commissioners of sale appointed by the preceding section, at such times and places, on such notices, and in such quantities, as the court in its discretion may appoint; and may cause surveys to be made, if necessary, and towns to be laid out, &c: provided, that sales shall (except as is provided in section 17) be made, at public vendue, and for so much cash down as the court may deem reasonable in order to raise a Terms of sale. fund to pay all the expenses of the proceedings, sales and expenses herein authorized and required, and the balance on a reasonable credit. And the said court may ratify, or disapprove, of any report or proceedings, of said commissioners, and set the same aside, and order such further proceedings as may seem reasonable and for the advancement of justice upon exceptions filed and good cause shown by some party interested, at the time at which said commissioners may make report on the matter excepted to.

If purchasers

SECTION 14. If any purchaser at such sale, shall fail to comply. fail to comply with the terms of the sale by not making the cash payment, or giving the security required, said sale shall be utterly null, and the commissioners of sale may immediately put up the lands again for sale to the highest bidder. And if there be a loss on such second sale the non-complying purchaser, who has caused such loss, shall be responsible therefor, and may be proceeded against by the commissioners of sale in their name, for the difference, in any court having jurisdiction.

claimants.

SECTION 15. The said commissioners of sale shall Settlement with settle with and account to the claimants, for the proceeds of said sales, when thereto required, either by a general or special order of the court. And in case any claimant is a purchaser at public sale, his receipt for the amount of his purchases (except the cash payment which is required to be made by the claimant as well as others) shall be a good voucher to the commissioners: provided, the same shall not exceed, when Proviso. added to the cash payment, the amount of such claimant's interest in the sales made.

SECTION 16. The costs and expenses of said pro- How expenses ceedings, shall be paid by said commissioners out of to be paid. the proceeds of said sales, comprehending the costs of necessary surveys, compensation to the commissioners, and their fees of the sheriff, clerks of the court, witnesses, &c. And the court is authorized to audit and allow, any reasonable costs, charges and expenses; and that the clerk of the said court, sheriff's, witnesses, and other officers, shall be paid the same fees for services, required hereunder, as he or they is or are allowed, in other similar or like cases. And if any person being a claimant or otherwise, shall make advances, of any such fees and charges, the same shall be refunded to him:

provided, however, that nothing herein contained Proviso. shall be so construed, as to entitle any unsuccessful claimant to costs.

SECTION 17. It shall be lawful for persons, holding Rights of resipossession of or residing on particular portions of the dent claimants. said "half breed lands," at the time of the passage of this act, (such persons being rightful owners of an individual interest in the said "half breed tract" at the time of the passage of this act,) to file notice of the situation, extent, and boundaries, of the land so occupied or possessed by them, as is provided for in the first section of this act, with an affidavit thereof, and of the improvements thereon. The commissioners authorized to be appointed by the second section of this act, shall then either upon the examination of witnesses or otherwise, make a fair valuation and appraisement of the said lands so occupied or possessed, and of the improvements thereon, and upon confirmation thereof by the said court, the commissioners of sale are hereby authorized and required, to execute and deliver to the said persons, a good and valid con

District court to have exclusive

veyance for the portions which they may respectively occupy or possess, upon their complying with the terms and conditions of sale, as established by the commissioners, and the said court, within thirty days after the said valuation, may be confirmed by the said court. And upon the said persons failing to comply with the terms and conditions as above specified, within the time limited, the commissioners shall proceed to sell the same as other lands are authorized to be sold by this act, at public sale to the highest bidder, reserving however to the said persons the valuation of the improvements thereon, if the proceeds of the said lands should amount to the valuation so put upon the improvements, and if not, then the whole amount of such sale shall be reserved for the payment of said improvements, but no more shall be paid therefor.

SECTION 18. The jurisdiction of the said court, in jurisdiction. the matters herein above referred to it, shall be exclusive, and no proceeding shall be instituted or sus tained in that or any court, either at law or in equity, under the general law relating to the partition of lands, for the purpose of effecting a partition or sale of the said lands; it being understood however, that the provisions of the general law relating to the par tition of lands, shall be extended over the subject and parties, provided for in this act, so far as the same may be applicable, and aid in the furtherance of the objects of the present act. And the guardians of all minors, and persons of unsound mind, appointed ac cording to law, shall be and are hereby authorized, in behalf their respective wards, to do and perform any matter or thing respecting the division and sale of any lands, tenements, and hereditaments, as herein directed, which shall be binding on such ward, and deemed as valid to every purpose, as if the same had been done by such wards after their disabilities had been removed.

Powers of guardians.

Rights of per

money for taxes.

SECTION 19. When any legal tax, or levy shall be sou advancing assessed or legally payable out of said lands, or any part thereof, being unsold, it shall be lawful for any person to advance the amount thereof, to the proper collector, who shall thereupon deliver to such person a certificate therefor; specifying the amount of the tax, the property on which assessed, and certifying