Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1891-09-30
NOTICE OF THE ORGANIZATION
OF THE
Court Of Private Land Claims

NOTICE is hereby given that the Court o
IN Private Land Claims, established by tn
act of Congress approved March 3, 1891, er
titled AN act to establish Court of Privat
ment of private land claims in certain State
and Territories, !" was duly organized at tn
City of Denver, in the State of Colorado, o.
the first day of July, 1891, by the appoint
ment of clerk and the other officers, Pre-
yided for in said act. And by order Of tn
Chief Justice and Associate Judges of sal
court the first session thereof will be he'll
at Denver, Colorado, on Tuesday, the lit
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 0
private land claims in certain States AM
Territories.
Dc il enacted by the Senate and House of Repre-
sentatives Of tho United States OF america, u
Congress assembled:
SECTION l. That there shall be, and hereby
Is established court to be called the Cour
of Private Land Claims to consist of chic
Justice and four associate justices, who shall
be, when appointed, citizens and resident:
OF some of the States of the United states
to be appointed by the President, by ant
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-hve
any three of whom shall constitute q
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
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 ,depositions 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 af1rmations. 1t shall be the
duty of the United States marshal for 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
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
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
Which h"T publications. dieasS shall be not less
times of the holding Of such SEES.
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, competent attorney,
learned In the law, who shall when appointed
be resident and citizen OF some state OF
hal T,att AH fafa %
States in said court. And there shall be ap-
pointed by the said court, a person who
shall be when appointed citizen and 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
IS may be required of him by the court.
SEC. 3. That Immediately upon the organi-
notices thereof, and of the time and place of
the first session thereof, to be published for
2 period of ninety days in one newspaper at
the City of Washington and in one published
1t 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,
Ind shall contain the substance of this act
SEC. 4. That it shall be the duty of the
he United States, the Suryeyors-Genera
IF such Territories and States, or. the
keeper of any public records who may have
possessions OF any records and papers re-
'ating to any land grants or claims for
and within said States and Territories in
relation to which any petition shall be
brought under this act. on the application
If any person interested or by the attorney
Iuch records and papers to said court or to
attend in person or BY deputy any session
hereof when required by said court, and
,roduce such records and paperA
SEC 5. That the testimony which has
been heretofore lawfully and regularly re-
;eived by the Surveyor-General OF the
proper Territory or state or by the Com
missioner of the General Land once, upon
my claims presented to them, respectively,
hall be admitted in evidence in all trials
lnder this act when the person testifying Is
lead, so far as the subject matter thereof
s competent evidence; and the court snail
give 1t such weight as, in its Judgment, un-
Ter all the circumstances, 1t ought to have.
SEC 9. That it shall be lawful for any
person or persons or corporation or their
egal representatives, claiming lands within
he limits of the territory derived by the
md now embraced within the Territories OF
New Mexico, Arizona or Utah, or within
he States of Nevada, Colorado or Wyo-
ming, by virtue of any such Spanish or Mex
can grant, concession, warrant or survey
ID the United States are bound to recognize
Ind confirm by virtue of the treaties of
,ession of said country by Mexico to the
United States which at the date OF the
by act of Congress or otherwise, finally de-
.ided upon by lawful authority, and which
ire not already complete and perfect in
lvery such case, to present a petition in
Eriting to the said court IN the State or
where tie said court holds its sessions, but
eases arising in the States and Territories
n which the court does not hold regular
Iessions 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
gr ant, concession, warrant or order OF sur
Tey under which they claim, by whom
made, the name or names of any person or
persons in possession of or claiming the
Jane, or any part thereof, otherwise than
oy the lease or permission of the petitioner,
Ind also the quantity of land claimed and
he boundaries thereof, where situate, with
l map showing the same as near as may be,
md whether the said claim has heretofore
Deen confirmed, considered or acted upon
by Congress or the authorities of the United
constituted by law for the ad-
ustment of land titles within the limits of
he said territory so acquired, and by them
reported on unfavorably or recommended
.Or 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.
And the said court is hereby authorized
Ind required to take and exercise 1urisdic-
ton of all cases or claims presented by Pc
ition in conformity with the provisions of
his act, and to hear and determine the
Iame, as in this act provided, on the petit
ions and proofs In case nc 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 ESTE blished and the
answer of the attorney for the United
States, where he may have filed an answer,
Ind such testimony and proofs az may be
AIKEN; and COPY Of such petition, with
station to any adverse poSsessor or claim
same be served on such possessor or claim
Int In the ordinary legal manner of serving
such process in the proper State or Terri
;ory,, and in like manner, on the attorney
Tor the United States; and 1t shall be the
luty of the attorney for the United States,
y also any adverse preseason or claimant
provided, within thirty days,
lnless further time shall for good cause
Ihown, be granted by the court, or judge
thereof to enter an appearance, and plead.