Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1891-08-17


court, the first session thereof will be he'll
at Denver, Colorado, on Tuesday, the l7tl
day of November, 1891.
The substance of said act of Congress is a
follows;
To establish Court of Private Land Claims
and to provide for the settlement o
private land claims in certain States ant
Territories.
Be it enacted By the Senate and House Of Repre-
Sentatices Of the UnUed states Of Ameftca II
Congress assembled:
SECTION l. That there shall be, and hereby
is established a court to be called the Cour
OF Private Land Claims to consist of ch1e1
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 anG
with the advice and consent OF the Senate
to hold their offices for the term expiring or
the thirty-iirSt day of December ammo
domini eighteen hundred and ninety-fye
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 a clerk who shall attend all the sessions
of the court, and a deputy clerk, where
regular terms of the court are heid Inc
court shall also appoint 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 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 attrmat1OnS. 1t shall be the
duty of the United States marshal for any
n which 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 or 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
times of the holding of such ses-
sions, but such sessions may be adjourned
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,
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, person who
shall be when appointed citizen ana 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 organ1-
Lation 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 published
at the capital of the State of Colorado and
of the Territories of Arizona and New
Mexico Such notices shall be pub1shed 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
of the General Land Of1ce OF
the United States, the Suryeyors-Genera
of such Territories and states, or the
keeper of any public records who may nave
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
Bucn records and papers to said court or to
attend in person or by deputy any session
thereof when required by said court, ana
produce such records and papers.
SEC. 5. That the testimony which has
been heretofore lawfully anu lebuldliS tS'
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 " hen the person testifying is
dead, so far as the subject matter tnefeot
Is competent evidence; and the court snail
give 1t such weight as, in its judgment, I'M
der all the circumstances, 1t ought to nave
SEC. 6. That it shall be lawful for any
person or persons or corporation or their
legal representatives.. claiming lands Wltnln
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
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
Territory where said land ID 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
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
me 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
0y Congress or the authorities of the United
states, or been heretofore submitted to any
authorities constituted by law for the ad-
ustment of land titles within the limits OF
he said territory SO acquired, and by them
reported on untavorably or recommended
or confirmation, or authorized to be sur
yeyed 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
Ind required to take and exercise juriSdic-
ion of all cases or claims presented by Pc
ition in conformity with the provisions of
ame, as in this act provided, on the petit
ions and proofs in case no answer or an
'wers be tiled, after due notice, or on the
petition and the answer or answers of any
)erson or persons interested in preventing
my claim from being established, and the
lnswer of the attorney for the United
states, where he may have filed an answer
md such testimony and proofs as may be
dkel; anu copy Oh SUCH pelltlol, With
;itation to any adverse possessor or claim
int, shall Immediately after the filing of the |
Iame 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, |
!nswer 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 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 |
ave been filed or not.
SEC T. That all PROCEEDINGS subseouent