Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1891-10-07


City of Denver, in the state OF Colorado. on
the first day of July, 1891, by the appoint
ment of clerk and the other othcers pro
vided for in said act And by order OF the
Chief Justice and Associate Judges of SAID
court the first session thereof will be held
at Denver. Colorado, on Tuesday, the 17th
day of November, 1891.
The substance of said act of Congress is as
follows:
To establish a Court of Private Land Claims,
and to provide for the settlement OF
private land claims in certain States and
Territories.
Be it enacted by the Senate and House or repre-
sentqtioes Of tho United States Of America, In
Congress assembled:
SECTION /. That there shall be, and hereby
is established a court to be called the Court
of Private Land Claims, to consist of chief
justice and four associate justices, who snall
be, when appointed, citizens and RESIDENTS
of some of the States of the United states,
to be appointed by the President, by and
with the advice and consent of the Senate,
to hold their offlces for the term expiring on
the thirty-frst day of December, ammo
domini eighteen hundred and n1nety.fve,
any three of whom shall constitute a
quorum. Said court shall have and exercise
Jurisdiction in the hearing and decision OF
private land claims according 10 the pro
visions of this act The said court snali ap-
point a clerk who shall attend all the sessions
Of the court and a deputy clerk, where
regular terms of the court are held. The
court shall also appoint stenographeL VINO
shall attend all the sessions of the court ana
perform the duties required OF MIN ny Tue
court
The said court shall have the power to
adopt all necessary rules ana regulations
for the transaction of its business ana 10
carry out the provisions of this act: to issue
any process necessary to the transaction OF
the business of said court and to issue COM
missions to take dispositions as provlded IN
chapter seventeen of title thirteen OF the
Revised Statutes of the United States Each
OF said justices shall have power to admin
lister oaths and aff1rmations. 1t shall be the
duty of the United States marshal tor any
district or Territory in which the court ls
hed to amy and
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 D Si
give notice of the times and places OF the
holding of such sessions, by publication IN
both the English and Spanish languages, N
one newspaper p9eishted al once one cap'd Week
for two successive weeks, the last OF
which publications shall be not less
than thirty days next preceding the
times OF the o holding OF hs e aG ianr nes
from time to time without such publication
SEC. 2. That there shall also be appointed
by the President. by and with the ADVICE ana
consent of the Senate, competent attorney
learned in the law, who shall when appointed
be resident and citizen of some state OF
the United States, to represent the United
States in said court. And there shall be APP
pointed by the said court, person VINO
Shall be when appointed citizen and resi-
dent of some State of the United states,
skilled in the Spanish and English Ian
guages, to act as Interpreter ana translator
In said court, to attend all the sessions
A., rfcr ~ other GPTVlceH
rs may be required of him by the court
SEC. 3. That Immediately upon the organl-
cation of said court the clerk shali Cause
notices thereof, and of the time ana place OF
period OF ninety days In one newspaper at
the City of Washington and in one pubilshed
1T the capital of the state OF Color ao ana
of the Territories OF Arizona ana new
both the spanish and english LANGUAGES
and shall contain the substance OF THIS ACT
SEQ. 4. That it shall be the duty OF the
Commissioner Of the General Land once OF
Of such Territories and States, or the
keeper of any public records who may nave
possessions of any records and papers re.
[ating to any land grants or claims ior
land within said States and territories ~
relation to, which any petition shall be 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 70 sata court OF 70
thereof when required by said court aEa
produce such records and papers
SEC. s. That the testimony which has
been heretofore lawfully and regularly re-
ceived by the Surveyor-General OF the
proper Territory or state or by the Com
missioner of the General Land once, upon
any claims presented to them, respectively,
shan be admitted in evidence in all trials
under this act W hen the person testify1ng ls
dead, SO far as the subject matter thereof
is competent evidence; and the court Snail
give 1t such weight as, in its Judgment un-
der all the circumstances, it ougnt to have.
SEC q. That it shall be lawful for any
person or persons or corporation or their
legal representatives, claiming Iands Wltnlh
the limits of the territory derived by the
United States from the Republic OF Mexico
and now embrace 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 to recognize
and confirm by virtue of the treaties or
cession of said country by Mexico TO the
United States which at the date OF the
passage of this act have not been confirmed
cided upon by lawful authority, and which
are not already complete and perfect in
every such case, to present a petltlon IN
writing to the said court IN the State or
where tie said court holds Its sessions, but
cases arising in the States and Territories
in which the court does not mold regular
sessions may be instituted at such place as
may be designated by the rules OF the court.
the petition shall set forth 1ully the
nature of their claims to the lands, and
particularly state the date and form OF the
grant, concession, warrant or order OF sur
yey under which they claim, by whom
made, the name or names of any person or
persons in possession OF or claiming the
Same, or any part thereof, otherwise than
by the lease or permission OF the petitioner,
and also the. quantity OF land Claimed ana
the boundaries thereof, where situate, with
a map showing the same as near as may be,
and whether the said claim has heretofore
been confirmed, considered or acted upon
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 OIL
the said territory SO acquired and by them
reported on untavora ably or recommended
yeyed or not; and pray IN such petition
that the validity of such title or claim may
be inquired into and decided.
Ana the said court ID hereby authorized
and required to take and exercise 1urisdic
ton of all cases or claims presented by pc
tition In conformity with the provisions OF
this act, and to hear and determine the
same, as in this act provided, on the petit
| lions and proofs in case nc answer or an
| swers be tled, after due notice, or on the
petition and the answer or answers of any
| person or persons interested in preventing
| any claim from being established, and the
answer of the attorney for the United
States, where he may have filed an answer
and such testimony and proofs as may bt
taken; and copy of such petition, with
citation to any adverse poasessor or claim
ant shall Immediately after the filing of thu
| 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 attorney
for the United States; and it shall be thu
duty OF the attorney for the United States
rs also any adverse possessor or claimant
hereinbefore provided, within thirty days
unless further time shall for good caus'
shown, be granted by the court, or judg.
thereof, to enter an appearance. and plead
answer or demur to said petition; and il
/ default of such plea, answer or demurreI
being made within said thirty days o.
within the furtheg 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
| cording to the provisions of this act, and II
no case shall decree be entered otherwis
than upon full legal proof and hearing; ant
| In every case the court shall require tn