Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1891-07-21

powers at the City of Mexico on the thir
teenth day of December in the year of oul
Lord eighteen hundred and tifty-three, ant
the laws and ordinances of the government
from which 1t is alleged to have been de
rived, and all other questions properly arts
Ing between the claimants or other parties
in the case and the United States, which de
cree shall In all cases refer to the treaty
law or ordinance under which such claim II
confirmed or rejected; and in confirming
any such claim, in whole or in part, thu
court shall in Its decree specify plainly thu
location boundaries and area of the lane
the claim to which Is so confirmed.
SEC, 8. That any person or corporation
claiming lands in any OF the States or Ter
ritories mentioned in this act under it'll
derived from the Spanish or Mexican Gov
eminent that was complete and perfect a
the date when the United States acquired
sovereignty therein shall have the RICH
(but shall not be bound) to apply to salt
court in the manner in this court provided
for other cases for a confirmation of sucl
title; and on such application said cour
shall proceed to hear, try and determine
the validity of the same and the right o
the claimant thereto, Its extent, Location
and boundaries, In the same manner an(
with the same power as in other cases il
this act mentioned.
If in any such case, title so claimed to b,
perfect shall be established and confirmed
only as such perfect title shall be found t!
cover, always excepting any part of sucl
land that shall have been disposed of by thu
United States, and always subject to ant
not to affect any conflicting private interests
rights or claims held or claimed adversel.
to any such claim or title, or adversely t.
the holder of any such claim or title. Ant
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 M
private right OF any person as between him
self and other claimants or persons, II
respect of any such lands shall be in an.
manner affected thereby.
1t shall be lawful for, and the duty of, thu
head of the Department OF Justice. when
ever In his opinion the PUBLIC interest or tn
rights of any claimant shall require It, t
cause the attorney of the, United States II
said court to file in said court petition
against the holder or possessor OF any CLAIM
or land in any of the States or Territorie
mentioned in this act who shall not hav'
voluntarily come in under the provisions o
this act, stating in substance that the It'll,
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 thu
matter into court, are open to question, ant
praying that the title to any such land, OF
the boundaries thereof If the title be
admitted, be settled and adjudicated; and
thereupon the court shall, on such notice tt
such claimant or possessor, as 1t shall deem
reasonable, proceed to hear, try and deter
arising in the matter, and determine the
matter according to law, justice and the pr o
visions of this act, but subject to all Lawful
rights adverse to such claimant or possessor
as between such claimant and possessor anc
any other claimant or possessor, and sub1e
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 a claim
In whole or in part, and the claimant, In case
of the rejection of a claim in whole or III
part-shall have the right of appeal to the
Supreme Court of the United States, such
appeal to be taken within six months from
the date of such decision, and in all respects
to be taken in the same manner and upon
the same conditions, except in respect OF the
amount in controversy, as Is now provided
by law for the taking of appeals from decis
ions of the Circuit Courts of the United
States. On any such appeal the Supreme
Court shall retry the cause, as well as the
issues of fact as of law and may cause testl
mony to be taken in addition to that given
in the court below, and may amend the
record of the proceedings below as truth
and justice may require; and on such retrial
and hearing every question shall be open;
and the decision Of the Supreme Court
thereon shall be final and conclusive
Should no appeal be taken as aforesaid the
decree of the court below shall be final and
conclusive.
court confirming any claim, 1t shall be the
luty of the attorney of the United States to
notify the Attorney-General in writing, OF
such judgment, giving him clear state
ment of the case and the points aeclaea oy
by the certificate of the presiding Judge OF
said court; and in any case In which such
statement shall not be received by the Al
within sixty days next after
the rendition OF such Judgment the right OF
appeal on the part Of the United States
shall continue to exist until six months next
after the receipt of such statement Ana II
the Attorney-Generals shall so direct, 1t shall
be the duty of the clerk of the court q
transmit the record of any cause in which
final judgment has been rendered to the AT,
for his examination. In all
cases it shall be the duty of the Attorney
General to instruct the attorney Tor the
United States what further course to pursue
and whether or not an appeal shall be taken
SEC 10. That when any decision of con
firmation shall become final the CLERK OF the
court in which the final decision shall be mad
Of the General Land once, with copy q
the decree of confirmation, which shall
plainly state the location, boundaries and
area of the tract confirmed. The SAID Com
missioner shall thereupon without oelay
at the cost of the United States. When any
such survey shall have been made and re
turned to the Surveyor.General OF the re-
spective Territory or State, and the plat
thereof completed, the Surveyor General
shall give notice that the same has been
done, by publication once week, for four
weeks in two newspapers, one
published at the capital of the Territory OF
State and the other Of any such there Pc
notices to be published IN both the Spanish
and English languages; and the surveyor.
General shall retain such survey and piat
in his ONCE for public inspection for the
lz1 sc x,in aty Ia date
of the first publication of notice In the news
paper published at the capital of the Terri
If, at the expiration of such period, no OBJ,
With to sueh he snY s sna ei ne
and forward 1t to the Commissioner OF the
General Land ONCE. If, within the said
period of ninety days, objections are made tc
such survey, either by any party Claiming
party claiming an interest in the tract EN-
braced in the survey or any part thereof
such objection shall be reduced to writing
stating distinctly the interest OF the OBJ
jector and the grounds of his objection, and
the Surveyor General, with such afhdavitt
or other proofs as he may produce IN sup
port of his objection. At the expiration OF
the said ninety days the re
lions and proofs filed In support OF, or In op
position to, such objections, and his report
thereon, to the Commissioner OF the Gen
eral Land once. .-.
Immediately upon receipt of any such sur
vey, with or without objections thereto, the
said Commissioner shall transmit the same
with all accompanying papers to the .courl
in which the final decision was made for III
examination of the survey and of any ob
jections and proofs that may have beef
filed, or shall be furnished; and thu
said court shall thereupon determine II tht
said survey is in substantial accordance
with the decree of confirmation. II fount
to be correct, the court shall direct Its clerl
to indorse upon the face of the plat its ap
prevail If found to be incorrect, the cour
shall return the same for correction In sucf
particulars as 1t shall direct. When any
survey is finally approved by the court, 1
shall be returned to the Commissioner O.
the General Land once, who shall as soor
as may be cause patent to be issued Thereon
to the Confrmee. One-half of the necessary
expenses of making the survey and plat pro
vided for in this section and in respect o
which patent shall be ordered to be Issued
sh all be paid BY the claimant or patentee
and shall be lien on said land, which may
be enforced by the sale of so much thereo
as may be necessary for that purpose, after
a default of payment thereof for six months
next after the approval of such survey an(
plat; and no patent shall issue until suci
SEC. ii. That the provisions of this &C
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