Public Law 36–XIX

That J. G. Ames, S. W. Holla- THIRTY-SIXTH CONGRESS. Sess. II. Ch. 19, 20. 1861

So, it may be brought against the United States to test the title of certain lots in Hospital Square, San Francisco.

day, and James Blair, and their heirs, assigns, and legal representatives be, and they are hereby, authorized to institute a suit against the United States, in the circuit court of the United States for the State of California, for the purpose of recovering from the United States, two lots of ground, numbers five and six, in the square in the city of San Francisco on which a hospital has been erected by the United States; which lots are claimed to have been acquired by the said Ames, Holladay, and Blair, by deeds executed in their favor by the sheriff of the county of San Francisco on the twenty-third day of October, eighteen hundred and fifty-one. The

How to be commenced.

said suit to be commenced by citation served on the district attorney of the United States for the northern district of California: Provided,

United States to have all legal and equitable defences.

That the United States shall have the right in any suit so brought to defend their claim to the title and possession of said property, or any part thereof, on any legal or equitable grounds.

Sec. 2.

And be it further enacted, That it shall be the duty of the said district attorney, under the direction and advice of the Attorney General of the United States, to defend any suit brought under the authority of the first section of this act, and to take all necessary measures at law or in equity for the protection and defence of the title to said lots.

Sec. 3.

And be it further enacted, That either party may appeal or prosecute a writ of error to the Supreme Court of the United States from any final decision rendered by said circuit court in any suit instituted as aforesaid.

Sec. 4.

And be it further enacted, That no suit shall be brought by virtue of the provisions of this act, unless the same be instituted within two years from the passage thereof.

Sec. 5.

And be it further enacted, That in the event of a final judgment against the United States in any suit instituted as aforesaid, it shall be the duty of the proper officers of the United States, who may be in charge and possession of said lots in behalf of the government, to deliver up to the claimants said lots, or such parts thereof as may, by said final judgment, be decreed to belong to them; and the said circuit court is hereby authorized to issue the process necessary and proper for carrying out the provisions of this act.