Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1891-09-01
AN ACT


(VDiftE.
SECTION |. That there shall be, and hereby
Is established a court to be called the Court
OF Private Land Claims, to consist OF Cnlel
Justice and four associate justices, who sinai
be- when appointed, citizens and residents
of some of The States of the United States
to be appointed by the President, by and
with the advice and consent OF the Senate
to hold their offices for the term expiring on
the tnirty-iirSt day OF December ammo
domini eighteen hundred and ninety-hve
any three of whom shall constitute a
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 shall ap
point clerk who shall attend all the sessions
of the court, and deputy clerk, where
regular terms of the court are jedi Inc
court shall also appoint a StenOgrapher VINO
shall attend all the sessions OF the court and
perform the duties required OF him by the
court.
The said court shall have the power to
adopt all necessary rules and regulations
for the transaction of its business ana TO
carry out the provisions OF this act; TO issue
any process necessary to the transaction OF
the business OF said court, ana to issue COM
missions to take dispositions as PROVIDED IN
chapter seventeen of title thirteen OF the
Revised Statutes of the United states. Eacn
Of said justices shall have power to admin
isttr OdthS and alnrmatiOnS. 1t snail be the
duty OF the United States marshal tor 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
whenso directed by the court Inc CourI
shall hold such sessions in the states ana
Territories mentioned in this act as shall be
nccdtul Tor the purposes thereof, ana Shall
give notice OF the times and places OF the
holding Uf such sessions, by puDllcauon IN
both the English and Spanish languages, IN
one newspaper published at the capital OF
such State or Territory, once week
for two successive weeks, the last OF
which publications shall be not Tess
than thirty days next preceding the
times OF the holding of such SEES
sions, but such sessions may be adjourned
from time TO time Wltlout sqch pupLlCatlon;;
SEC. =. That there shall also be appointed
by the President by and with the advice and
consent OF the Senate, a competent attorney,
learned i'll the law, who shall when appointed
be Il resident and citizen OF some state OF
the United States, to represent the united
States in said court. And there shall be APP
pointed by the said court, person, who
Shall be when appointed citizen and resi-
dent OF some state of the United states,
skilled in the spanish and EngllSn IAN
suageS, to act as Interpreter and translator
In said court, to attend all the sessions
thereof, and to perform suCh other SCI VlCes
as may be required of him by the court.
SEC. 3. That Immediately upon the organl-
cation of said court the clerk shall cause
notices thereof, and of the time and place. OF
the first session thereof, to be published Tor
a period of ninety days in one newspaper az
the City of Washington and in one puollsneQ
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 TINS act
SEC. j. That it shall be the duty OF the
Commissioner of the General Land Office OF
the United States, the SurVeyorS-Genera al
of such Territories and states, or the
keeper of any public records who may nave
possessions OF any records ana papers re.
IN, my
land within said States and TerrltolleS ID
relation to which any petition shall be
brought under this act on the application
of any person interested or by the attorney
Of tuG United States, to safely transmit
suCu records and papers to said court or to
attend in person or by deputy any session
thereof when required by said court, ans
produce such records and papers
SEC. 5. That the testimony which has
been heretofore lawfully and regularly re-
ceiVed by the SurVcyOr-General OF the
proper Territory or state or by the Com
missioner of the General Land once, upon
any claims presented to them, respectively,
shan be admitted in evidence in all trials
uuuer this act When the person testl1ylng Is
dead, SO far as the subject matter thefeoI
is competent evidence; and the court snail
give it such weight as, i'll its judgment IN
der all the circumstances, II ougnt 10 nave
SEC. q. That it shall be lawful Tor any
person or persons or corporation or tnelI
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 treatles 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 winch
are not already complete and perfect in
every such case, to present a petition in
writing to the said court III the state or
Territory where said land IS situated ana
where the said court holds its sessions, but
cases arising in the states ana 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 clalmS to the lands ana
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 i'll 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 mas 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 tor the ad.
iuStment 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
veyed 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-
ton OF ali 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 int ,rested in preventing
any claim from being established and the
answer of the attorney tor the United
States, where he may have filed an answer,
and such testimony and proofs as may be
taken; and a 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 poaseSsor 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
for the United States and it shall be the
duty of the attorney for the UnlteQ States,
as also any adverse possessor or claim liant,
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 proofs, and render final decree &C
cording to the provisions of this act, and in
no 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. T.. 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 verified by 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
Blu ject of such case, the extent, location
and boundaries thereof, and other matters
tbarauith ar and pronar m "a