Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1891-10-14

teenth day of December in the year of our
| Lord eighteen hundred and htty-three, and
the laws and ordinances Of the government
from which It is alleged to have been de-
| rived, and all other questions properly arls-
ing between the claimants or other partles
in the case and the United States, Whlch de-
cree shall in all cases refer to tile treaty,
| law or ordinance under which such claim Is
| confirmed or rejected; and in confirming
any such claim in whole or in part, the
court shall in It's decree specify plainly the
location boundaries and area OF the lana
the claim to which is so confirmed
SEC. s. That any person or corporation
claiming lands in any of the States or Ter
| rttories mentioned in this act under title
derived from the Spanish or Mexican GOV
| eminent that was complete and perfect at
the date when the United States acquired
| sovereignty therein shall have the right
(but shall not be bounD to apply to said
court in the manner in this court provided
for other cases for a confirmation of such
title; and on such application said court
| shall proceed to hear, try and determine
the validity of the same and the right or
the cl9 mant thereto, its extent, location
and boundaries, in the same manner and
| with the same power as in other cases IN
| this act mentioned.
| perfect shall be established and confirmed,
such confirmation shall be for SO much laa 10
only as such perfect title shall be found to
| cover, always excepting any part OF such
land that shall have been disposed of by the
United States, and always subject to ana
|
rights or claims held or claimed adversely
to any such claim or title, or adversely to
the holder of any such claim or title Ana
no confirmation of claims or titles in this
section mentioned shall have any effect
other or further than as a release OF all
claim of title by the United States ana no
private right OF any person as between MN,
self and other claimants or persons, IN
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 in his opinion the public interest or the
rights of any claimant shall require 1t, to
cause the attorney of the, United States IN
said court to file in said court a 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 nave
voluntarily come in under the provisions OF
this act, stating in 81 distance 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 lana, or
the boundaries thereof If the title be
admitted be settled and adjudicated; and
! thereupon 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 petitlon or
arising in the matter, and determine the
matter according to law, justice and the pro,
visions of this act, but subject to all law1ul
rights adverse to such claimant or possessor,
as between such claimant and posseSsor ana
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 declde-the Unlied
States in case of the confirmation of Claim,
| In whole or in part, and the claimant, in case
of the rejection of claim in whole or In
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 ana upon
the same conditions, except in respect OF the
| amount in controversy, as Is now prov1ded
| by law for the taking of appeals from dec1s,
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 testi-
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 retrlal
and hearing every question shall be openi
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.
Upon the rendition of any Judgment of the
court confirming any claim, it shall be the
duty of the attorney of the United States to
notify the Acknowledgement, in writing, OF
such judgment giving him clear i,a STATE t'v
the court, which statement shall be verlheq
by the certificate of the presiding judge of
said court; and in any case In Whlch suCh
torney-General 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 And II
the Acknowledgement shall so direct, 1t shall
be the duty of the clerk of the court TO
transmit the record of any cause In wh1ch
final judgment has been rendered to the Al,
torney-General 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 lot an appeal shall be taken.
SEC 10. That when any decision or con-
f1rmation shall become final, the clerk OF the
court In which the final decision shall be mad,
of the General Land ONCE, with a copy OF
the decree of confirmation, which shall
plainly state the location, boundaries ana
areh of the tract confirmed. me SAID COM
missioner shall thereupon without delay
cause the tract so confirmed to be surveyed
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.
spectiye Territory or State, and the plat
thereof completed, the Surveyor-General
shall give notice that the same has been
done, by publication once week Ior Tour
published at the capital of the Territory or
State. and the other df any such there be)
published near the land SO surveyed 8ucn
and English languages; and the Surveyor.
General shall retain such survey and plat
in his office for public. inspection for the
tull period Of ninety days from n IN me , GATE
paper published at the capital OF the Terri
If, at the expiration of such period, no OBJ
lection to such survey shall have been
iiled with him, he shall approve the same
and forward 1t to the Commissioner of the
General Land once. If, within the said
period of ninety days, objections are made to
an interest in the confirmation or by any
party claiming an interest in the tract en-
braced in the survey or any part tnereof,
stating distinctly the interest of the OBJ
iector and the grounds of his objection, and
signed by him or his attorney, and filed with
the Surveyor;G General with SUCH affdavits
port Of hfs objection. AT the expiration Of
the said ninety days, the Suryeyor.Gener
shall forward such survey, with the objec-
position to- such objections, and his report
thereon to the Commissioner OF the Cen
eral Land ONCE.
vey, with or without objections thereto, the
said Commissioner shall transmit the same
with all accompanying papers to the court
in which the final decision was MADE for It's
examination of the survey and of any OBJ
jectons and proofs that may have been
fled, or shall be furnished; and the
said court shall thereupon determine If the
said survey is in substantial accordance
with the decree of confirmation. II found
to be correct, the court shall direct its clerk
to indorse upon the face of the plat Its APP
prevail If found to be Incorrect the court
shall return the same for correction in such
particulars as 1t shall direct When any
survey is finally approved by the court, It
shall be returned to the Commissioner of
the General Land ONCE, who shall as soon
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 OF
which patent shall be ordered to be Issued,
hall be paid by the claimant or patentee,
and shall be lien on said land, which may
be enforced by the sale of so much thereof
as may be necessary for that purpose, after
default OF payment IhefeoI t4r SIX months ing
plat and no patent shall issue until such
SEQ ii. That the provisions of this act