Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1891-09-05

Jul lLOl Il clSuleGn UunulCtl anu 1OIly-clgu
or the treaty concluded between the sam
powers at the City of Mexico on the thi1
teenth day of December in the year of on
LORD eighteen hundred and ttty-three, an
the laws and ordinances of the goyernmcn
from which it is alleged to have been d.
rived, and all other questions properly arr!
ing between the claimants or other partie
In the case and the United States, which dl
cree shall in all cases refer to the treaty
law or ordinance under which such claim
confirmed or rejected; and in Contrmn
any such claim, in whole or in part tn
court shall in its decree specify plainly tn
location, boundaries and area of the Ian
the claim to which Is so confirmed.
SEC. 8. That any person or COrpOratio
claiming lands in any of the States or Tel
ritories mentioned in this act. under It'll
derived from the Spanish or Mexican COY
eminent that was complete and perfect a
the date when the United States acquire
sovereignty therein shall have the RICH
Cbut shall not be bound) to apply to sal
court in the manner in this court provide
1or other cases for a confirmation of sue
title; and on such application said Cour
snail proceed to hear, try and determin
the validity OF the same and the right 0
the claimant thereto, its extent, Location
and boundaries, in the same manner ant
with the same power as in other cases il
this act mentioned.
II in any such case, title so claimed to b.
perfect shall be established and confirmed
such confirmation shall be for so much lane
only as such perfect title shall be found t.
cover, always excepting any part of suCl
land that shall have been disposed of by tn,
United States, and always subject to ant
not to affect any conflicting private interests
rights or claims held or claimed adversely
to any such claim or title, or adversely t
the holder of any such claim or title. AnC
no confirmation of claims or titles in thi!
section mentioned shall have any effec
other or further than as a release of al
claim of title by the United States; and nc
private right of any person as between him
self and other claimants or persons, il
respect of any such lands shall be in any
manner affected thereby.
1t shall be lawful for, and the duty of, the
head of the Department of Justice, when
ever III his opinion the PUBLIC interest or the
rights of any claimant shall require it, tc
cause the attorney of the United States IL
said court to file in said court petition
against the holder or possessor of any claim
or land in any of the States or Territories
mentioned in this act who shall not have
come in under the provisions OF
this act, stating in substance that the title
of such holder or possessor is open to ques
ton, or stating in substance that the bound.
aries of any such land the claimant or pos
SCISSOR to or OF which has not brought the
matter into court, are open to question, and
praying that the title to any such land, or
the boundaries thereof if the title be
admitted, be settled and adjudicated; and
the court shall on such notice to
such claimant or possesSor, as it shall deem
reasonable, proceed to hear, try and deter
mine the question stated in such petition or
arising in the matter, and determine the
matter according to law, justice and the pro-
visions of this act, but subject to all lawful
rights adverse to such claimant or possessor,
is between such claimant and posseSsor and
any other claimant or possessor, and subject
IN this respect to all the provisions of this
section applicable thereto.
SEC. 8. That the party against whom the
court shall in any case decide-the United
States, in case of the confirmation of claim,
n whole or in part, and the claimant, in case
If the rejection of a claim in whole or in
)art-shall have the right of appeal to the
supreme Court of the United States, such
appeal to be taken within six months from
he date of such decision, and in all respects
o be taken in the same man err and upon
he same conditions, except in respect of the
AMOUNT in controversy, as Is now provided
~ law for the taking of appeals from dcCis-
ons of the Circuit Courts OF, the United
states. On any such appeal the Supreme
COURT shall retry the cause, as well as the
ssues of fact as of law and may cause testi-
nony to be taken in addition to that given
n the court below, and may amend the
ecord of the proceedings below as truth
Ind justice may require; and on such retrial
md hearing every question shall be open;
md the decision of the Supreme Court
hereon shall be final and conclusive.
should no appeal be taken as aforesaid, the
onClusive.
Upon the rendition of any judgment of the
curt confirming any claim it shall be the
uty of the attorney of the United States to
otify the Attorney-General, In writing, OF
UGH Judgment, giving him clear state
lent of the case and the points decided by
he court which statement shall be verified
y. the certificate of the presiding judge OF
aid court; and in any case in which such
tatement shall not be received by the At
within sixty days next after
he rendition OF such judgment the right OF
ppeal on the part of the United States
hall continue to exist until six months next
fter the receipt of such statement. And II
he Attorney-General shall so direct, 1t shall
e the duty of the clerk of the court to
ransmit the record of any cause in which
nal judgment has been rendered to the At.
for his examination. In all
asses it shall be the duty of the Attorney
ieneral to instruct the attorney for the
United States what further course to pursue
nd whether or not an appeal shall be taken
SEC 10. That when any decision of con-
rmatton shall become final, the clerk of the
curt In which the final decision shall be had,
hall certify that fact to the Commissioner
+ the General Land ONCE, with a copy OF
he decree of confirmation which shall
lainly state the location, boundaries and
reL of the tract confirmed. The said Com
lis5ioner shall thereupon without delay
ause the tract so confirmed to be surveyed
t the cost of the United States. When any
UGH survey shall have been made and re-
lrned to the Surveyor-General OF the re-
pective Territory or State, and the plat
hereof completed, the Surveyor-General
hall give notice that the same has been
one, by publication once week, for four
weeks in two newspapers, one
ublished at the capital of the Territory or
tate, and the other. Of any such there beg
ublished near the land so surveyed, such
Offices to be published in both the Spanish
nd English languages; and the Surveyor
eneral shall retain such survey and plat
his Office for public inspection for the
Ill period of ninety days from the date
the first publication of notice in the news
aper published at the capital of the Terri.
Try or State.
,ction to such survey shall have been
led with him, he shall approve the same
nd forward it to the Commissioner of the
eneral Land ONCE. If, within the said
eriod of ninety days, objections are made to
lch survey. either by any party claiming
arty claiming an interest in the tract EN-
raced In the survey or any part thereof,
lch objection shall be reduced to writing,
.ating distinctly the interest of the OBJ
,ctor and the grounds of his objection, and
gned by him or his attorney, and filed with
lie Surveyor-General, with such affidavits
r other proofs as he may produce In sup
ort Of his objection. AT the expiration of
lie SdlQ ninety udyS, the ouTVeyoT-General
hall forward such survey, with the objec-
ons and proofs filed in support of, or in OPP
osition to, such objections, and his report
lereon, to the Commissioner of the Cen
raj Land ONCE.
Immediately upon receipt of any such sur.
ey, with or without objections thereto, the
aid Commissioner shall transmit the same,
18th all accompanying papers to the court
which the final decision was made for its
xa animation of the survey and of any OBJ
,ctlons and proofs that may have been
led, or shall be furnished; and the
lid court shall thereupon determine if the
aid survey is in substantial accordance
18th the decree of confirmation. If found
, be correct, the court shall direct its clerk
, indorse upon the face of the plat its ap-
roval. If found to be incorrect, the court
lall return the same for correction in such
articulars as 1t shall direct. When any
lrvey is finally approved by the court, It
lall be returned to the Commissioner of
le General Land ONCE who shall as soon
may be cause patent to be issued thereon
, the confirmee One-half of the necessary
expenses of making the survey and plat pro-
ded for in this section and in respect of
hich patent shall be ordered to be Issued,
lall be paid by the claimant or patentee,
nd shall be lien on said land, which may
e enforced by the sale of so much thereof
NAV he necessary for that DurDOSe after