Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1891-07-27
AN ACT

DIT deliver, on ", the lIL
| day of November, 1891.
The substance of said act of Congress is a
follows:
AN ACT
To establish Court of Private Land Claims
and to provide for the settlement o
private land claims in certain States AM
Territories
Be ii enacted By the Senate and House Of Repre-
SentdticeS Of the Unued States Of Amertcd, il
| Congress assembled:
SECTION /. That there shall be, and hereby
is established court to be called the Cour
OF Private Land Claims, to consist of Chiet
| justice and four associate justices, who shall
| be- when appointed, citizens and residents
| OF some of the States of the United States
to be appointed by the President, by an(
| with the advice and consent of the Senate
| to hold their offices for the term expiring or
the thirty-frst day of December, ammo
domini eighteen hundred and ninety-tive
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 held. The
court shall also appoint stenographer who
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
Tor the transaction of its business and to
carry out the provisions of this act; to issue
any process necessary to the transaction OF
the business of said court, and to issue com
missions to take dispositions as provided in
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 aftirmations. 1t shall be the
duty of the United States marshal for any
district or Territory in which the court is
neld, to serve any process OF the said court
n cod To DO ir and m
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
than thirty days next preceding the
snn es of the holding OF he such ses
from time to time without such publication.
SEC 2. That there shall also be appointed
by the President, by and with the advice and
consent of the Senate, a competent attorney,
be 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, a person who
Shall be when appointed a citizen and resi-
dent of some State of the United States,
skilled in the Spanish and English Ian
guagesi to act as Interpreter and translator
In said court, to attend all the sessions
thereof, and to perform such other services
as may be required of him by the court.
SEC. 3. That Immediately upon the organi-
Lation of said court the clerk shall cause
notices thereof, and of the time and place of
the first session thereof, to be published for
period of ninety days in one newspaper at
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 ONCE of
the United States, the Suryeyors-General
of such Territories and States, or the
keeper of any public records who may have
possessions OF any records and papers re-
lating to any land grants or CLAIMS for
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
attend in person or by deputy any session
thereof when required by said court, and
produce such records and papers.
SEC. 3. That the testimony which has
been heretofore lawfully and regularly re-
ceived by the Surveyor-General OF the
proper VI oldlG VI ny Vic tohl'
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 testity1ng Is
dead, SO far as the subject matter thereof
Is competent evidence; and the court shall
give 1t such weight as, in its judgment, UNI
der all the circumstances, II ought to nave.
SEC. 6. That it shall be lawful for any
person or persons or corporation or their
legal representa- claiming lands within
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 petition in |
writing to the said court in the state or |
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, |
nature of their claims to the lands, and |
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 |
4 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
of or hear hnrAtnfnra n hTni tod trn r1u
authorities constituted by law for the ad-
ustment of land titles within the limits OF !
he said territory so acquired, and by them
on unfavorably or recommended
Tor confirmation, or authorized to be sur
Keyed or not; and pray in such petition
hat the validity of such title or claim may
De inquired into and decided.
Ana the said court is hereby authorized
md required to take and exercise jurisdic-
ion of all cases or claims presented by Pc
ition in conformity with the provisions of
his act, and to hear and determine the
ZANE, as in this act provided, on the petit
ions and proofs in case no answer or an.
Iwers be filed, after due notice, or on the
petition and the answer or answers of any
person or persons interested in preventing
my claim from being established, and the
answer of the attorney Tor the United
states, where he may have filed IN answer,
md such testimony and proofs as may be
AIKEN; and copy of such petition, with
;itation to any adverse posssessor, %, or claim
|
ame be served on such possessor or claim
Int in the ordinary legal manner of serving
'uch process in the proper State or Terri
DRY, and in like manner on the attorney
or the United States; and it shall be the
luty OF the attorney for the United States
IS also any adverse possessor or claimant,
lfter service of petition and citation as
lereinbefore provided, within thirty days,
lnless further time shall for good cause
hown, be granted by the court, or Judge
hereof, to enter an appearance, and plead,
answer or demur to said petition; and in
lefault of such plea, answer or demurrer
icing made within said thirty days or
within the further time which may have
'een granted as aforesaid, the court shall
,roceed to hear the cause on the petition
md proofs, and render a final decree &C.
ording to the provisions of this act, and in
10 case shall decree be entered otherwise
han upon full legal proof and hearing; and
n every case the court shall require the
'etition to be sustained by satisfactory
roofs, whether an answer or plea shall
h1o, aInI