Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1891-08-28

S6WfutSCeS OF tHe GHLSu DtuteS " 1Htef tt0t Wv
Congress assembled:
SECTION |. That there shall be, and hereby
is established court to be called the Coure
of Private Land Claims to consist OF chlef
Justice and four associate justices, who shall
be, when appointed, citizens and residents
of some of the States of the United States,
to be appointed by the President, by ana
with the advice and consent OF the Senate,
to hold their offices for the term expiring on
the thirty-frst day of December ammo
domini eighteen hundred and ninety-hye,
any three of whom shall constitute
quorum. Said court shall have and exercise
Jurisdiction in the hearing and decision OF
private land claims according to the pro
visions of this act. The said court shali dp
point clerk who shall attend all the sessions
of the court, and deputy CLERK "nefe
regular terms of the court are held. Inc
court shall also appoint stenographer VINO
shall attend all the sessions of the court ana
perform the duties required OF him by the
court.
The said court shall have the power to
adopt all necessary rules and regulations
for the transaction OF its business ana 10
carry out the provisions or TINS aCt 10 issue
any process necessary to the TRANSACTION OF
the business of said court and to issue com
missions to take dispositions as provided IN
chapter seventeen OF tue thirteen OF Inc
Revised Statutes of the United States. Eacn
OF said justices shall have power to admin
lister oaths and aftirmationS. 1t shall be the
duty of the United States marshal for any
district or Territory in which the court Is
held, to serve any process OF the SAID court
placed in his hands for this purpose, and TO
attend the court in person or by deputy
when so directed by the court. The court
shall hold such sessions IN the states anu
Territories mentioned in this act as snail De
needful for the purposes thereof, ana Snall
give notice of the times and places OF the
holding of such sessions, by publication IN
both the English and Spanish languages, IN
one newspaper punilsnea at the capila1 ee ot
for two successive weeks, the last OF
which publications shall be not less
than thirty days next preceding the
times OF the holding OF suGh ses1
sions, but such sessions may be adjourned
from time to time without such publication
SEC. 2. That there shall also be appointed
by the President, by and with the advice anu
learned in the law, who shall when appointed
be a resident and citizen of some state OF
the United States, to represent the united
States in said court And there shall be ap-
pointed by the said court, person VINO
Shall be when appointed a citizen and resi-
dent of some State of the United states,
skilled in the Spanish and Engllsh ian
guages, to act as Interpreter and translator
In said court, to attend all the sessions
thereof, and to perform such other services
rs may be required of him by the court.
SEC. 3. That Immediately upon the organl-
cation of said court the clerk snali Cause
notices thereof, and of the time and place OF
the first session thereof, to be published tor
a period of ninety days in one newspaper at
the City of Washington and in one published
at the capital of the State or Colorad ana
of the Territories of Arizona and New
Mexico. Such notices shall be publ1shed In
both the Spanish and English languages,
and shall contain the substance OF inns act
SEC. T. That it shall be the duty OF the
Commissioner of the General Land once OF
the United States, the Suryeyors-Generai
of such Territories and states. or the
keeper of any public records who may nave
possessions of any records and papers re-
To- and pf-l
land within said States and Territories IN
relation to which any petition shall be
brought under this act, on the application
of any person interested or by the attorney
OF the United States, to safely transmit
such records and papers to said court or to
attend in person or by deputy any session
thereof when required by said court, ans
produce such records and papers
SEC. 8. That the testimony which, has
been heretofore lawfully and regularly re-
ceived by the Surveyor-Genefal OF the
proper Territory or State or by the Com
missioner of the General Land Office, upon
any claims presented to them respectively,
shall be admitted in evidence In al trlais
under this act " hen the person testllylng Is
dead so far as the subject matter Thereon
is competent evidenCe and the court shall
give it such weight as, IN It's judgment, uil'
der all the circumstances II ought TO nave.
SEC 6. That it shall be lawful Tor any
person or persons or corporation or their
legal representatives, claiming lands within
the limits of the territory derived by the
United States from the Republic OF Mexico
| and now embraced within the Territories OF
| New Mexico, Arizona or Utah, or within
the States of Nevada, Colorado or Wyo
| ming, by virtue of any such spanish or Mex
| lean grant, concession, warrant or survey
| as the United States are bound 10 recognize
| and confirm by virtue OF the treatles OF
cession of said country by Mexico to the
| United States which at the date or the
passage of this act have not been confirmed
| by act of Congress or otnefWiSe, nnally ue
cided upon by lawful authority, and which
are not already complete and perfect in
every such case, to present petition IN
writing to the said court IN the Site or
Territory where said lana is situated ana
where the said court holds Its sessions, but
cases arising in the States and Territories
| in which the court does not hold regular
| sessions may be instituted at suCh place as
may he designated by the rules OF the court
the petition shall set forth July the
| nature of their claims to the lands and
| particularly state the date and form OF the
grant, concession, warrant or oruer OF sur
| Vey under which they claim, by whom
| made, the name or names OF any person OF
| persons in possession of or claiming the
| same, or any part thereof otherwise than
| by the lease or PERMISSION OF the petltloner
and also the quantity of land claimed anG
| the boundaries thereof where situate, WltE
| a map showing the same as near as may be
and whether the said claim has heretofore
| been confirmed, considered or acted upoI
by Congress or the authorities OF the United
| States, or been heretofore submitted TO any
| authorities constituted by law for the ad
| juStment of land titles within the limits o
| the said territory so acquired, and by then
reported on untayoraDly or fecommendel
| for confirmation, or authorized to be sur
veyed or not; and pray IN such petition
| that the validity of such title or claim MAJ
| be inquired into and decided.
Ana the said court Is hereby authorlzet
and required to take and exercise jurisdic
| ton of all cases or claims presented by pc
tition in conformity with the provisions o
| this act, and to hear and determine thu
same, as in this act provided, on the petit
tons and proofs in case nc answer or an
swers be filed, after due notice, or on tn,
petition and the answer or answers OF an.
person or persons interested in preventing
any claim from being estG2Lshed, ana tn
answer of the attorney tor the United
States, where he may have filed an answer
and such testimony and proofs as may b.
taken; and copy of such petition, with ;
citation to any adverse possess9II OF CAIN
same be served on such possessor or claim
ant in the ordinary legal manner OF serving
such process in the proper State or Terri
tory, and in like manner on the attorne.
for the United States; and it shall be tn
duty of the attorney for the Unlted States
as also any adverse possessor or claimant
after service of petition and citation
unless further time shall for good Gauss
shown, be granted by the court or 1udg
thereof, to enter an appearance, and plead
answer or demur to said petition; and II
default of such plea, answer or demurre
being made within said thirty days O
within the further time which may hav
been granted as aforesaid, the court shall
proceed to hear the cause on the petition
and proofs, and render a final decree &C
cordfng to the provisions of this act, and Il
no case shall decree be entered otherwis
than upon full legal proof and hearing; an
In every case the court shall require tn
= petition to be sustained by satisfaCtor
proofs, whether an answer or plea shal
have been filed or not.
SEC. Z. That all proceedings subsequen
to the filing of said petition shall be cor
Quoted as near as may be according to tn
practice of the courts of equity of tn
United States, except that the answer of tn
attorney of the United States shall not b
required to be verified by his oath, and ez
cept that, as far as practicable, .testimon
shall be taken in the court or before one o
the Justices thereof. The said court shal
have full power and authority to hear an