Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1891-10-05
AN ACT

To establish Court of Private Land Claims
and to provide for the settlement o
Territories.
Be it enacted BY the Senate and House Of Repre-
sentatiuss Of the United states of america, u
| Congress assembled:
SECTION l. That there shall be, and hereby
is established court to be called the Cour
of Private Land Claims, to consist of chic,
| 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 ant
with the advice and consent of the Senate
to hold their of1ces for the term expiring or
the thirty-frst day of December, anne
domini eighteen hundred and ninety-fve
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 snali ap
Of the court and deputy clerk, where
regular terms of the court are held. The
court shall also appoint stenographer whG
shall attend all the sessions OF the court ano
perform the duties required OF him by the
court.
The said court shall have the power to
adopt all necessary rules and regulations
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 provided IN
CudplcT seventeen u llllG I'LL UGH VI tuS
Revised Statutes of the United States. Each
OF said justices shall have power to admin.
lister oaths and affrmattons. 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
Territories mentioned in this act as shall be
needful for the purposes thereof, and shall
give notice of the times and places of the
holding of such sessions, by. publication IN
one newspaper published at the capital Of
such State or Territory, once week
for two successive weeks, tho last of
which publications shall be not less
times time OF Of y the A' Holding Of such ses;
sions, but such sessions may be adjourned
from time to time without such publication;
SEC 2. That there shall also be appointed
consent of the Senate, a 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
pointed by the said court, a person who
shall be when appointed citizen and resi-
dent Of some State Of the United States
skilled in the Spanish and English Ian
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 organi
notices thereof, and of the time and place of
the first session thereof, to be published for
period of ninety days in one newspaper at
the City of Washington and in one published
Of the Territories of Arizona and New
Mexico. Such notices shall be published in
both the Spanish and English languages,
and shall contain the substance OF TINS act
VI, IL Oh, h, ha nf n
Commissioner Of the General Land ONCE of
the United States, the Surveyors-Genera
of such Territories and States, or the
keeper of any public records who may nave
possessions Of any records and papers re-
lating to any land grants or claims for
land within said States and Territories in
relation to- which any petition shall be
brought under this act, on the application
Of the United States, to safely transmit
such records and papers to said court or to
attend in person or By deputy any session
produce such records ana paperA
SEC 8. 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,
shall be admitted in evidence in all trials
under this act when the person test1ty1ng Is
Is competent evidence; and the court snail
give 1t such weight as, in its Judgment, I'M
der all the circumstances, 1t ought to have
SEC. .. That 1t shall be lawful for 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 to recognize
and confirm by virtue of the treaties of
cession of said country by Mexico to the
United States which at the date of the
passage of this act have not been confirmed
by act OF Congress or otherwise, finally de-
are not already complete and perfect in
every such case, to present petition in
writing to the said court In the State or
Territory where said lane, iana is situated and
cases arising in the States and Territories
in which the court does not hold regular
sessions may be instituted at such place as
be ~ the rules Of the court
nature of their claims to the lands, and
state the date and form Of the
grant, concession, warrant or order OF sur
vey under which they claim, by whom
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 and
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 of
the said territory SO acquired, and by them
reported on unfavorably or recommended
HVf n nm Nv@ mn 1a1 to h,a
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 Is hereby authorized
and required to take and exercise jurisdic-
lion 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 filed, 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
States, where he may have filed an answer,
and such testimony and proofs as may be
taken; and copy of such petition, with a
citation to any adverse poEsessor or claim
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
LoI luc Oulltu oldleS; anu IL shall De the
duty OF the attorney for the United States,
as also any adverse possessor or claimant,
after service of petition and citation as
hereinbefore provided, within thirty days,
unless further time shall for good cause
shown, be granted by the court, or Judge
thereof to enter an appearance. and plead,
answer or demur to said petition; and in
Default of such plea, answer or demurrer
being made within said thirty days or
within the further time which may have
been granted as aforesaid, the court shall
proceed to hear the cause ON the petition
and pre- offs, and render final decree &C
cording to the provisions of this act, and in
40 case shall a decree be entered otherwise
than upon full legal proof and hearing; and
In every case the court shall require the
petition to be sustained by satisfactory
proofs, whether an answer or plea shall
have been filed or not.
SEC z. That all proceedings subsequent
% the filing of said petition shall be con-
incted as near as may be according to the
United States, except that the answer of the
attorney Of the United States shall not be
required to be verified by his oath, and ex-
:ept that, as far as practicable, testimony
hall be taken in the court or before one of
he 1uStfc&a thereof The aafd court Rhal1 |