Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1891-07-31


Mexico at the City of Guadalupe Hidalgo OF
the second day of February, in the year o
our Lord eighteen hundred and forty-eight
or the treaty CONCLUDED between the sam
! powers at the City of Mexico on the thir
teenth day of December in the year of on
Lord eighteen hundred and tfty-three, ant
the laws and ordinances of the government
from which 1t is alleged to have been de
I rived, and all other questions properly arts
e ing between the claimants or other partie
IN the case and the United States: which de
cree shall In all cases refer to the treaty
: law or ordinance under which such claim i
confirmed or rejected; and in confirming
any such claim, in whole or in part, thu
court shall in its decree specify plainly thu
location, boundaries and area of the lant
the claim to which is so confirmed.
SEC. 8. That any person or corporation
! claiming lands in any of the States or Ter
ritories mentioned In this act under it'll
/ derived from the Spanish or Mexican Gov
eminent that was complete and perfect a
the date when the United States acquired
sovereignty therein shall have the RICH
(but shall not be bound) to apply to sale
court in the manner in this court provided
Tor other cases for confirmation of sucl
, title; and on such application said cour
snail proceed to hear, try and determine
the validity of the same and the right o.
the claimant thereto, its extent, location
and boundaries in the same manner ant
with the same power as in other cases IL
this act mentioned
II in any such case, title so claimed to be
!, perfect shall be established and confirmed
such confirmation shall be for so much lane
only as such perfect title shall be found tc
land that shall have been disposed of by the
United States, and always subject to ant
not to affect any conflicting private interests
rights or claims held or claimed adversely
TO any such claim or title, or adversely tc
the holder of any such claim or title. And
no confirmation of claims or titles in this
section mentioned shall have any effect
other or further than as release of all
claim of title by the United States; and nc
private right of any person as between him
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 1t, to
cause the attorney of the United States In
said court to file in said court petition
against the holder or possessor of any. claim
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 title
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
praying that the title to any such land, or
the boundaries thereof if the title be
admitted, be settled and adjudicated; and
thereupon the court SHALL on such notice to
such claimant or posSeSSor, as it shall deem
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 and the pro.
visions of this act, but subject to all lawful
rights adverse to such claimant or possessor,
as between such claimant and possessor and
any other claimant or possessor, and subject
section applicable thereto.
SEC. 8. That the party against whom the
| court snail IN any case declde-the United
States in case of the confirmation of claim
| n In thn -l1i lima
of the rejection of claim in whole or In
I 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 the
amount in controversy, as is now provided
by law for the taking of appeals from decis-
ions of the Circuit Courts of the United
States. On any such appeal the Supreme
Court shall retry the cause, as well as the
Issues 81 OF taft as Of law ana may cause test
In the court below, and may amend the
record of the proceedings below as truth
and justice may require; and on such retrial
and the decision of the Supreme Court
thereon shall be final and conclusive.
Should no appeal be taken as aforesaid, the
decree of the court below shall be final and
conclusive.
Upon the rendition of any judgment of the
court confirming any claim, It shall be the
notify the Attorney General, in writing, of
such judgment, giving him clear state
ment of the case and the points decided by
by the certificate of the presiding judge of
said court; and in any case in which such
statement shall not be received by the At
toorney general within sixty days next , after
appeal on the part of the United States
shall continue to exist until six months next
after the receipt of such statement. And II
the Attorney-General shall so direct, 1t shall
be the duty of the clerk of the court to
transmit the record of any cause in which
final judgment has been rendered to the At
cases it 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 10. That when any decision OF con-
frmation shall become final, the clerk of the
court in which the final decision shall be had,
shall certify that fact to the Commissioner
Of the General Land once, with copy Of
the decree of confirmation, which shall
plainly state the location, boundaries and
area 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-
spective Territory or State, and the plat
thereof completed, the Surveyor-General
shall give notice that the same has been
done, by publication once week, for four
consecutive weeks in two newspapers, one
State, and the other IF 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 and plat |
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
General Land ONCE. If, within the said
period of ninety days, objections are made to
such survey, either by any party claiming
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:
signed by him or his attorney, and filed with
the Surveyor. General, with such affldavits
or other proofs as he may produce in sup
said nnety days the
shall forward such survey, with the objec-
tions and proofs filed in support of, or in OPP
position to, such objections, and his report
thereon, to the Commissioner of the Cen
eral Land ONCE.
Immediately upon receipt of any such sur
vey, 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
jections 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
particulars as 1t shall direct. When any
survey is finally approved by the court, It
shall be returned to the Commissioner of
the General Land once, who shall as soon
as may be cause patent to be issued thereon
to the conflrmee. 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,
ah all be paid by the claimant or patentee
and shall be lien on said land, which NAV