Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1891-09-25
EOTICE OF THE ORGANIZATION
OF THE
Court Of Private Land Claims

| NOTICE is hereby given that the Court o.
~ Private Land Claims, established by the
act of Congress approved March 3, 1891, en-
titled AN act to establish Court of Private
Land Claims, and to provide for the settle
ment of private land claims in certain States
and Territories" was duly organized at the
City of Denver, in the State of Colorado or
the first day of July, 1891, by the appoint
ment of clerk and the other officers pro
vided for In said act. And by order of the
Chief Justice and Associate Judges OF sale
day of November, 1891.
| The substance of said act of Congress is as
| follows:
AN ACT
To establish Court of Private Land Claims
and to provide for the settlement OF
private land claims in certain States and
Territories.
sentatiues Of the United States Of america, in
Congress assembled.
SECTION l. That there shall be, and hereby
Is established court to be called the Court
of Private Land Claims, to consist OF chief
Justice and four associate justices, who snail
be, when appointed, citizens and residents
of some of the States of the United States,
to be appointed by the President, by and
to hold their offices for the term expiring on
the thirty-irst day of December, ammo
domini eighteen hundred and ninety five,
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 a 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 dispositions as provided in
chapter seventeen of title thirteen OF the
Revised Statutes of the United States Each
lister oaths and affirmations 1t Ehall 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
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
for two successive weeks, the last of
which publications shall be not less
than thirty days next preceding the
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
the United States, to represent the United
States in said court And there shall be ap-
shall be when appointed a 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
as may be required of him by the court
SEC 3. That Immediately upon the organ1-
Eation of said court the clerk snail cause
notices thereof, and of the time and place OF
the first session thereof, to be published for
a 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 su distance OF this act.
SEQ. 4. That it shall be the duty OF the
Of the General Land Office OF
the United States, the Suryeyors-General
of such Territories and States, or the
keeper of any public records who may have
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, ana
produce such records and papers
SEC. B. That the testimony which, has
been heretofore lawfully and regularly re-
ceived by the utveyor-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 III al trials
under this act " hen the person test1fy1ng Is
dead, so far as the subject matter thereof
Is competent evidence; and the court shall
give 1t such weight as, in It's Judgment, I'M
der all the circumstances, 1t ought to have.
SEC. &. That it shall be lawful tor any
legal representatives. 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
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
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 a petition in
writing to the said court In the State or
where said land Is situated and
where tie 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 he designated by the rules of the court
l,,,1l fnt-fh t,1l1
nature of their claims to the lands, and
state the date and form Of the
grant, concession, warrant or order OF sur
yey 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
a 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
authorities constituted by law for the ad.
justment of land titles within the limits of
the said territory so acquired, and by them
reported on unfavorably or recommended
for confirmation, or authorized to be sur
veyed or not; and pray in such petition
that the validity of such title or claim may
be inquired into and decided.
And the said court Is hereby authorized
and required to take and exercise jurtsdic-
ton of all cases or claims presented by Pc
tition in conformity with the provisions of
this act, and to hear and determine the
same, as in this act provided, on the petit
tons and proofs in case nc answer or an
swers be 1iled, after due notice, or on the
petition and the answer or answers of any
person or persons lit rested in preventing
any claim from Icing established, and the
answer of the attorney for the United
States, where he may have filed an answer,
and such testimony and proofs as may be
citation to any adverse possessor or claim
ant, shall Immediately after the filing of the
same be served on such possessor or claim
ant in the ordinary legal manner of serving
such process in the proper State or Terri
tory, and in like manner on the attorney
for the United States; and it shall be the
duty of the attorney for the United States,
rs also any adverse possession or claimant,
after service of petition and citation as
provided, within thirty days,
unless further time shall for good cause
shown, be granted by the court, or Judge