Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1891-10-13

stinr,a+,oDs of tho t-e,tv concluded he.
| tween the limited Statcs ana the Republlc of
| MpxIco at fhe CITY of (iuadalnne lIfdalpo on
he second dav Of Fabrnarv IL the wear of
our T-ord ei ah{ecn hundred and forty,eicht,
or the treaty concluded between the same
powers at Inc Citv of Mexico on the thir-
| teenth day of Decen her in the wear of our
| LORD ef@bfeen hnndred ann ffty.three, and
the laws and ordinances of the government
| from which il is alleged TO have been de-
| rived and an othar nns9stiGns nI-nnerIy arts.
inc bet1yeen tbe cI5inants or other 6arttes
| in the case and the limited States, which de
cree shall In all cases refer to the treaty,
| law or ordinance under which such claim is
| confirmed or rejected; and in confirming
| anv snrh cIgln, in whole ar in mart the
| Co1rt shall in lis decree snecify nlainly the
location. boundaries and area Of the land
the claim to which is SO confirmed.
SEC S, That any person or corporation
| Claiming lands in any of the States or Ter
ritOries mentioned in this act under title
derived from the Spanish or Mexican GOV.
the date when the United States acquired
soyereipntv therein shall nave 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 of
the claimant thereto, it's extent. location
and boundaries in the same manner and
with the same power as in other cases in
this act mentioned
If in any such case a title so claimed to be
perfect shall be established and confirmed,
| such confirmation Shall be for so much land
only as such perfect title SHAH 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 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 a release of all
claim of title by the United States; and no
private right of any person as between him
| 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 it, 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 have
voluntarily 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, and
praying that the title to any such land, or
the boundaries thereof If the title be
admitted, be settled and adjudicated; and
! thereupon the court shall, on such notice To
nrocep1 fo hear frv and deter
mine the 0uestion stated in such petition or
arising in the matter, and determine the
mafte5 acrordinO TO law Justice and the pro-
viSinna of This arf hut subject to all lawful
riehta Verse TO Snch clair1ant or possessor,
az betveen snch claimant and nossessor and
any other Claimant or possessor, and subject
in This resnect TO all the provisions of this
section anpiicable thereto.
SEC o That the party against whom the
conrt shall in any case decide-the United
States, in case of the Confirmation of claim,
in wbo,a or in mart and the claimant in case
If the reiectiop Of a claim in whole or In
nartNsh3ll have the right of appeal to the
Supreme Court of the United States, such
anpeai to he taken within six months from
re date of anch decision and in ali RESPECTS
70 he e4 taLen IN the same manner and upon
The same CONDITIONS exceDt in respect of the
amount in CONTROVERSY. as is now provided
nv Ia w for the takiny Of anDeaIs from decis-
i9na Of the Circuit CourfS of the United
States On anv such anneal the Supreme
Sonrt CHI n retyv the canse as well as the
issues of fact as of law, and may cause testi-
monv TO he taken in addition to that given
IN re W co'Irt below and NAV amend the
record of the proceedings below as truth
and iustice NAV require. and on such retrial
aud bearing everv question shall he omen:
and the decisio9 Of the supreme Court
tbereon snail he anal and conclusive.
Shonid no apneal be taken as aforesaid, the
decree of the court below shall be final and
r nEtu
Cpon the rendition of any judgment of the
court confirming any claim, 1t shall be the
duty of the attorney of the United states 10
such Judgment, giving him a clear state
ment of the case and the points decided by
the court which statement shall be verified
by the certificate of the presiding judge of
said court; and in any case In which such
abatement shall not be received by the At
torney.General within sixty days next after
the rendition OF such judgment the right of
shall continue to exist until six months next
the Attorney.Generai shall so direct, it shall
be the d1 Of the Of ee5R OF ae Which,
final Judgment has been rendered to the At.
torney-General for his examination. In all
cases it shall be the duty of the Attorney
United States what further course to pursue
and whether or not an appeal shall be taken
SEC 10. That when any decision of CON
frmation shall become final, the clerk of the
shall certify that fact to the Commissioner
of the General Land ONCE, with copy of
the decree of confirmation which shall
aren Of the I.e tract confirmed. The 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-
snecttve Territory or State, and the plat
thereof completed, the Surveyor. General
shall give notice that the same has been
done Nv nublication once a week, for four
consecutive weeks in two newspapers, one
published at the capital of the Territory or
State and the other If any such there be)
published near the land so surveyed, such
notices TO be published in both the Spanish
and ENGLISH languaees; and the SURVEYOR
General shall retain such survey and plat
in his ONCE for public inspection for the
of the first publication of notice In the news
naper published at the capital of the Terri
tory or State.
~ At the exniration of such pcriod. no OBJ
lection to such survey shall have been
fiIed with him. he shall approve the same
and forward II to the Commissioned of the
General Land once. If, within the said
period of ninety DAYS, objections are made to
such survey. either by any party claiming
an interesf in The Confirmation or by any
nartv Claiming an interest in the tract EN-
kraced in the survey or any part thereof,
spcS ohiectinn shall he reduced TO writing.
otattn distincti,, the inferest ~ the or