Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1891-09-12

the laws and ordinances of the government
from which it is alleged to have Deen &c
rived, and all other questions properly ar
ing between the claimants or other la ne
in the case and the United States. when ue
cree shall in all cases refer TO the treaty
law or ordinance under which suCh claim l
confirmed or rejcctcd and IN comm u, ~
any such claim. in whole or III part, tl
court shall in its decree specify plainly TN
location, boundaries and area of the LAM
the claim to which is so confirmed.
SEC. s. That any person or corporatlol
claiming lands in any of the States or Ter
ritorles mentioned in this act under lltl
derived from the Spanish or Mexican Gov
eminent that was complete and peffGCt d
the date when the United states acquired
sovereignty therein shall have the righ
(but shall not be bound) to apply to salt
court in the manner in this court PROVIDE!
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 0
the ella imant thereto, its extent Location
and boundaries, in the same manner ant
with the same power as in other cases II
this act mentioned.
If in any such case, title so Claimed 10 D!
perfect shall be established and confirmed
such confirmation shall be for so much lane
only as such perfect title shall be found u
cover, always excepting any part OF SuCi
land that shall have been disposed OF by TIM
United States and always subject to ant
not to affect any conflicting private interests
rights or claims held or claimed adversely
to any such claim or title, or adversely. L
the holder of any such claim or title. Ant
no confirm alton of claims or titles in this
section mentioned shall have any effeC
other or further than as a release OF al
claim of title by the United states; and NJ
private right OF any person as between MIN
self and other claimants or persons, II
respect OF any such lands shall be In any
manner affected thereby,
1t shall he lawful Tor, and the duty of. tht
head Of the Department OF Justice, when
ever in his opinion the public interest or the
cause the attorney of the United States II
said court to tile in said court a petition
against the holder or poSse5sor of any claim
or Land in any of the States or Territories
in this act who shall not nave
come in under the provisions OF
this act, stating in substance 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, ano
praying that the title to any such land, OF
the boundaries thereof If the title be
be settled and adjudicated; and
thereupon the court shall, on such notice u
such claimant or posscssof as II shail aeen
proceed to hear, try and deter
mine the question stated in such petition or
arising in the matter, and determine the
matter according to law, justice and the pro
visions of this act, but subject to all lawful
rights adverse tOsuch claimant or possesSor.
as between such claimant and posscssor and
any other claimant or possessor, ana suolec'
In this respect to all the provisions OF this
section applicable thereto.
SEC 8. That the party against whon the
court shall in any case decide-the United
States, in case of the confirmation of Claim
In whole OF 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
T,,tt tod tao =
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 decls-
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 retrial
and hearing every question snail be open;
and the decision OF the supreme Court
thereon shall be final and conclusive tn
Should no appeal be taken as aforesaid, the
decree of the court below shall be hnal and
conclusive.
Upon the rendition of any Judgment of the
,ourt confirming any claim, it shall be the
luty of the attorney of the United states to
notify the Acknowledgement, in writing, or
such judgment, giving him clear state
nent of the case and the points decided by
he court, which statement shall be verified
by the certificate of the presiding judge or
said court; and in any case In which such
statement shall not be received by the At
within sixty days next after
he 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 acknowledgements shall so direct, IL snall
be the duty of the clerk of the court to
transmit the record of any cause In which
final Judgment has been rendered to the At.
torney-General for his examination. In all
cases 1t shall be the duty of the Attorney
General to instruct the attorney for 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
irmation shall become final, the clerk OF the
court in which the final decision shall be mad,
shall certify that fact to the Commissioner
Of the General Land Office, with copy of
he decree of confirmation, which shall
plainly state the location, boundaries and
lren of the tract confirmed. The said Com
missioner shall thereupon without delay
;ause the tract so confirmed to be surveyed
1t the cost of the United States. When any
such survey shall have been made. and re-
urned to the Surveyor-General of the re.
,pective Territory or State, and the plat
hereof completed, the Surveyor'G General
S0alI
lone, by publication once week, for four
weeks in two newspapers, one
published at the capital of the Territory or
State. and the other Of any such there be)
published near the land so surveyed, such
notices to be published in both the Spanish
and English languages; and the Surveyor
General shall retain such survey and plat
n his office for public inspection for the
tull period of ninety days from the date
IT the first publication of notice in the news
r,,,h1 ich n1 al CInit11 Terri
,ory or State.
If, at the expiration of such period, no OBJ
lection to such survey shall have been
lied with him, he shall approve the same
md forward 1t to the Commissioner of the
General Land Office If, within the said
period of ninety days, objections are made to
,uch survey, either by any party claiming
IN interest in the confirmation or by any
party claiming an interest in the tract EN-
oraced in the survey or any part thereof,
such objection shall be reduced to writing,
stating distinctly the interest of the OBJ
ector and the grounds of his objection, and
signed by him or his attorney, and filed with
lie SurveyorG General with such afldavits
or other proofs as he may produce in sup.
port Of HIS objection. At the expiration of
Inc said ninety days, the Surveyor-General
shall forward such survey, with the objec-
tons and proofs filed in support of, or in OPP
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 court
In which the final decision was made for its
of the survey and of any OBJ
Iect!ons and proofs that may have been
lied, or shall be furnished; and the
said court shall thereupon determine If the
said survey Is In substantial accordance
with the decree of confirmation. If 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 it 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 apatent to be issued thereon
to the confirmee. One-half of the necessary
expenses of making the survey and plat pro-
yided for in this section and in respect of
which patent shall be ordered to be Issued,
shall 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
a default of payment thereof for six months
next after the approval of such survey and
plat; and no patent shall issue until such
payment.
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