Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1891-07-18

t answer or answers be filed alter du
notice, or on the petition and the answe
f or answers of any person or person
t interested in preventing any claim iron
being established, and the answer of tn
attorney for the United States where HI
, may have filed an answer, and sucf
testimony and proofs as may be taken
and copy OF such petition, with cita
, ton to any adverse possessor or claim
ant, shall, Immediately after the filing o
the same, be served on such possessor o.
claimant in the ordinary legal manner
of serving such process in the proper
state or territory, and in like manner or
the attorney for the United States; anc
it shall be the duty of the attorney fol
the United States, as also any adverse
possessor or claimant, after service o.
petition and citation as hereinbefore
provided, within thirty days, unless
further time shall for good cause shown
be granted by the court, or a judge there
of, to enter an appearance, and plead,
answer or demur to said petition; and in
default of such plea, answer or demnr-
rer 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 proofs, and render final decree
according to the provisions of this act,
and in no case shall 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. 7. That all proceedings subse-
quent to the filing Of said petition shall be
conducted as near as may be according to
the practice of the courts OF equi-
ty Of the United States, except
that the answer Of the Iattorney of
the United States shall not be required to
be verified by his oath, and except that,
as far as practicable, testimony shall be
taken in court or before one of the
justices thereof. The said court shall
have full power and authority to hear and
determine all questions arising in cases
before it relative to the title to the land
the subject CT such case, the extent, loca-
ton, and boundaries thereof, and other
matters connected Herewith fit and proper
to be heard and determined, and by a
final decree to settle and determine the
question Of the validity of the title anu
the boundaries of the grant or claim pre-
sented for adjudication, according to the
law of nations, the stipulations of the
treaty concluded between the United
States and the Republic Of Mexico at the
city of Guadalupe Hidalgo, on the I'd day
of February, in the year of our Lord,
1848, or the treaty concluded between the
same powers at the City of Mexico, on
the 30th day OF December, in the year of
our Lord, 1858, and the laws and orGi-
nances of the government from which it
is alleged to have been derived, and all
other questions properly arising between
the claimants or other parties in the case
and the United States, which decree shall
in all cases refer to the treaty, law or Or
dinance under which such claim is con-
firmed or rejected; and in confirming any
such claim, or in whole or in part, the
court shall in it's decree specify plainly
the location, boundaries, and area of the
land the claim to which is 30 confirmed.
Sec. 8. That any person or corporation
claiming lands in any of the states or ter
ritories mentioned in this act under a
title derived from the Spanish or Mexican
government that was complete and per
feet at the date when the United States
acquired sovereignty therein Shall have
the right (but shall not be bound) to ap-
ply to said court in the manner. in this
act provided for other cases for a confir-
nation of such title; and on such appli-
cation said court shall proceed to hear,
try, and determine the validity of the
same and the right of the claimant there
to, its extent, location and the boundaries,
in the same manner and with the same
powers as in other cases in this act men
toned.
If in any such case, title so
claimed to be perfect shall be es-
tablished and confirmed, such con-
tirmation shall be for so much land only
as such perfect title shall be found to CO.
yer, always excepting any part of such
land that shall have been disposed of by
the United States, and always subject to
and not to affect any conflicting private
interests, rights, or claims held or claimed
adversely to any such claim or title, or
adversely to the holder of any such claim
or title. And no confirmation of claims
or titles in this section mentioned shall
have any effect other or further than as
release of all claim or title by the United
States; and no private right of any person
as between himself 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,
whenever in his opinion the public inte-
rest or the rights of any claimant shall re-
quire it, to cause the attorney OF the Uni
ted States in said court to file in
said court 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 have
voluntarily come in under the provisions
of this act, stating in substance that the |
title of such holder or possessors ia open
to question, or stating in substance that
the boundaries of any such land, the clai-
mant or possessor to or of which has not
brought the matter into court, are open
to question, and praying that the
title to any sucn land, or the bounda-
ries thereof, if the title be admitted, be
settled and adjudicsted; and thereupon
the court shall, on such notice to such |
claimant or possess0r as it shall deem
reasonable, proceed to hear, try and de-
termine the question stated in such petit
ton or arising in the matter, and deter
mine the matter according to law, justice
and the provisions of this act, but sub
ject to ali lawful rights adverse to such
claimant or possessor, as between such
claimant and possessor and any other
claimant or possessor, and subject in this
respect to all the provisions of this section
applicable thereto.
Sec. 9. That the party against whom
the court shall in any case decide-the
United States, in case of the con-
firmation 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 to
appeal to the supreme court of the United
States, such appeal to be taken within
six months from date Of such decision,
and in all respects to be taken in the
CANA mannar and upon the same COndi-