Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1891-09-16

Mexico at the city Of Guadalupe Hidalgo on
| the second day of February, in the year OF
| our Lord eighteen hundred and fOrty-elSnL
or the treaty concluded between the same
! powers at the City of Mexico on the thlt-
| teenth day of December in the year OF our,
| Lord eighteen hundred and htty-three ana
| the laws and ordinances of the government
! from which it Is alleged to have been de-
rived, and all other questions properly arlS-
! ing between the claimants or other laL llcS
| in the case and the United States, which ae-
cree shall in all cases refer to the treaty
| law or ordinance under which SUCH claim IS
| confirmed or rejected; and in confirming
| any such claim, in whole or in part, tne
| court shall in its decree specify plainly 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 t LIT,
| derived from the Spanish or Mexican GOV
eminent that was complete and pefteCt dI
the date when the United States acquired
sovereignty therein shall have the right
| (but shall not be bound) to apply to SAID
court in the manner in this court PROVIDED
for other cases for confirmation OF suCn
title; and on such application said court
shall proceed to hear, try and determine
| the validity of the same ana the right OF
the ella mant thereto its extent loCatlol
and boundaries, in the same manner ana
with the same power as III OPler Cases Al
this act mentioned.
If in any such case, title so claimed to be
perfect shall be established and confirmed,
such confirmation SHAH be Tor SO mucn iai ~
only as such perfect title shall be found to
cover, always excepting any part OF suCn
land that shall have been disposed OF by the
United States and always subject 10 anu
not to affect any conflicting private interests,
rights or claims held or claimed adversely
to any such claim or title, or adversely 10
the holder of any such claim or title. ana
no confirmation of claims or lltles IN Inns tnls
section mentioned shall have any eteGt
other or further than as release or all
claim of title by the United states; ana no
private right OF any person as between MIN
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 IL, 10
cause the attorney of the United States i'll
said court to file in said court a petition
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 ute
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
the boundaries thereof il the title pc
admitted, be settled and ad1udlcated; anu
thereupon the court shall, on such notice TO
such claimant or possesSor, as II shail oeeln
reasonable, 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 ana az, the Pro,
visions of this act but subject to all lawful
rights adverse to such claimant or possessor,
as between such claimant and possessor ana
any other claimant or posSeSsof, ana suo JeCt
in this respect to all the provisions OF ILLS
section applicable thereto.
SEC. 8. That the party against whom the
court shall in any case declde-tne Uhlteu
States, in case of the confirmation OF Claln'
l,1la IN, and a RI a
of the rejection of a claim in whole or IN
part-shall have the right OF appeal TO the
Supreme Court of the United states, such
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 Ine
amount in controversy, as Is now progldeu
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 Wen as tne
issues of fact as of law, and may cause testl
mony to be taken in addition to that given
in the court below, and may amend tne
record of. the proceedings below as truth
and Justice may require; and on suCh retrlal
and hear1g question SI1 pe Sp9r
thereon shall be final and CONCLUSIVE.
Should no appeal be taken as aforesaid, the
decree of the court below shall be hnal ana
conclusive
Upon the rendition of any Judgment of the
court confirming any claim, 1t shall De the
duty of the attorney of the United states TO
notify the Attorney-G eneral, in writing OF
such Judgment, giving him a clear state
ment of the case and the points decided by
the court which statement shall be verlhed
by the certificate of the presiding judge OF
said court; and in any case in which such
statement shall not be received by the Az
torney- General within sixty days next after
the rendition OF such judgment the right or
appeal on the part of the United states
shall continue to exist until six months next
after the receipt of such statement. ana II
the Attorney-Genera shall SO direct ~ shaii
be the duty of the clerk of the court TO
transmit the record of any cause In WhlCn
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. TO- That when any decision or CON
frmation 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
plainly state the location, boundaries and
areh of the 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.
spectfve Territory or State, and the plat
thereof. completed, the suryeyor,Genleral
done, by publication once week, Tor TOUR
consecutive 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 ana pat
in his office for public inspection for the
full period of ninety days from the date
of the first publication of notice in the news
paper published at the capital of the Terri
tory or State.
If, at the expiration of such period, no OBJ
lection to such survey shall have been !
filed with him, he shall approve the same |
and forward it to the Commissioner OF the
period of ninety days, objections are made to
such survey either by any party claiming
an interest in the confirmation or by any |
party claiming an interest in the tract en-
braced in the survey or any part thereof, |
such objection shall be reduced to writing, |
stating distinctly the interest of the OBJ
jector and the grounds OF his objection, and |
signed by him OF his attorney, and filed with
the Surveyor.G General, with such afidavits
or other proofs as he may produce In sup. |
port Of his objection. At the expiration of
the said ninety days, the suryeeyorGeneral
lions and proofs filed In support of, or in OPP
position to, such objections and his report
thereon, to the Commissioner OF the Gen
erll Land ONCE.
Immediately upon receipt of any such sur
yey, 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
examination of the survey and of any OBJ
jectlons and proofs that may, have been
filed, 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 ap-
prevail If found to be incorrect, the court
shall return the same for correction In such
survey is finally approved by the court It |
shall be returned to the Commissioner of |
the General Land Office, who shall as soon
as may be cause apatent to be issued thereon
to the confrmee One-half of the necessary
expenses of making the survey and plat pro-
vided 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
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