Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1891-07-29

De u eHuCteu Oy me SeHWe anu HOHSe ~ ItWt
sentdtioeS Of the United HateS Of america, Il
| Congress dSSembted'
SECTION l. That there shall be, and hereb,
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 resident
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 offices for the term expiring OF
the thirty-hrst day of December, anne
domini eighteen hundred and ninety-ive
any three of whom shall constitute
quorum. Said court shall have and exercise
Jurisdiction in the hearing and decision o
private land claims according to the pro
visions of this act. The said court shall ap
| point clerk who shall attend all the sessions
| OF the court, and deputy clerk, where
| regular terms of the court are held. The
court shall also appoint stenographer who
shall attend all the sessions OF the court ant
perform the duties required of him by the
| court
The said court shall have the power tc
| adopt all necessary rules and regulations
for the transaction of its business and tt
| carry out the provisions OF this act to ISSUE
| any process necessary to the transaction oil
the business of said court, and to issue com
missions to take dispositions as provided II
| 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 atfirmations. 1t shall be the
| duty of the United States marshal for any
| uioll III VI lCIlllOly III Which TIC IOull IL
| 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
| shall hold such sessions in the States and
| 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
| both the English and Spanish languages, in
one newspaper published at the capital of
such State or Territory, once a week
for two successive weeks, the last of
which publications shall be not less
times of the holding of such SEES
sions, but such sessions may be adjourned
from time to time without such publication.
SEC. g That there shall also be appointed
by the President, by and with the advice and
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
States in said court. And there shall be ap-
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
guages, to act as Interpreter and translator
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
cation of said court the clerk shall cause
notices thereof, and of the time and place of
the first session thereof, to be published for
d peIlOu Oh ninety udyS III one newspaper DIT
the City of Washington and in one published
at the capital of the State of Colorado and
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 this act,
SEC. 4. That it shall be the duty of the
Commissioner of the General Land Office of
the United States, the Suryeyors-Genera
keeper of any public records who may have
possessions of any records and papers re-
lating to any land grants or claims tor
land within said States and Territories in
relation to which any petition shall 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 to said court or to
thereof when required by said court ana
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,
shall be admitted in evidence in all trials
under this act when the person testifying is
dead, so far as the subject matter thereof
is competent evidence; and the court shall
give 1t such weight as, in its judgment I'M
der all the circumstances, 1t ought to have
SEC. 9. That it shall be lawful for any
person or persons or corporation or their
legal representatives, Claiming ldHuS WllulH
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-
cided upon by lawful authority, and which
are not already complete and perfect in
every such case, to present a petition in
writing to the said court in the State or
Territory where said land is situated and
where the said court holds its sessions, but
cases arising in the States and Territories
in which the court does not hold regular
sessions may be instituted at such place as
may be designated by the rules of the court.
The petition shall set forth fully the
nature of their claims to the lands, and
particularly state the date and form of the
grant, concession, warrant or order of sur
vey 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 and
the boundaries thereof, where situate, with
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
for confirmation, or authorized to be sur
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-
tiOn of all cases claims presented nv
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 no 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
answer of the attorney for the United
States, where he may have filed an answer,
and such testimony and proofs as may be
taken; and copy of such petition, with
citation to any adverse .possessor or claim
ant, shall Immediately after the filing of the
same be served on such possessor or claim
ant in the ordinary legal manner of serving
such process in the proper State or Terri |
for the United States; and it shall be the
duty OF the attorney for the United States,
as also any adverse possessor or claimant
after service of petition and citation as
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 proofs, and render final decree &C
cording 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. z. That all proceedings subsequent |
to the filing of said petition shall be con-
Quoted as near as may be according to the |
practice of the courts of equity of the |
United States, except that the answer of the
attorney of the United States shall not be
required to be veriaedby his oath, and ex-
cept that, as far as practicable, testimony
shall be taken in the 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 be-
fore 1t relative to the title to the land, the |