Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1891-09-10
AN ACT

at Denver, COLORADO, on IueSudy, the LIN
The substance of said act of Congress is as
follows
AN ACT
To establish a Court of Private Land Claims,
and to provide for the settlement OF
private land claims in certain States and
Territories.
Be 1t enacted by the Senate and House Of Repre-
sentc'ioes Of tho United states Of america, I"
Congress assembled:
SECTION l. That there shall be, and hereby
is established a court to be called the Court
of Private Land Claims, to consist of CHIEF
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 and
to hold their offices for the term expiring on
the thirty-tirst day of December, ammo
domini eighteen hundred and ninety-tVe,
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. me
court shall also appoint stenographer VINO
shall attend all the sessions OF the court ana
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 ana 10
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 afflrmations. 1t shall be the
duty of the United States marshal tor any
1 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 10
attend the court in person or by deputy
when SO directed by the court. Ihe court
shall hold such sessions in the states ana
Territories mentioned in this act as snail be
needful for the purposes thereof, and shall
give notice of the times and places or the
holding of such sessions, by puDllcatlen IN
one newspaper published at the capital OF
such State or Territory, once a week
for two successive weeks, tho last OF
than 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, a person who
shall be when appointed citizen ana resi-
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-
cation of said court the clerk shall cause
notices thereof, and OF the time ana Plaee 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 publlshed
ut the capital OF the State of Colorado and
of the Territories of Arizona and New
Mexico. Such notices shall be pu ollshed IN
and shall contain the substance OF TINS act.
SEC 4. That 1t shall be the duty OF the
Commissioner OF the General Land once OF
the United States the Surveyors-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
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 paperk
SEC g. THAT the testimony which has
been heretofore lawfully and regularly re-
ceived by the or-General OF tue
proper Territory or state or by Inc Coln-
any claims presented to them, respectively,
shall be admitted in evidence in all trials
under this act when the person testltylng 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 ul'
der all the circumstances, 1t ought to nave.
SEC q. That it shall be lawful tor any
person or persons or corporation or their
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
New Mexico, Arizona or Utah, or Wltnln
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 VI Congress or otherwise, hnally 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 iana Is Is situated ana ana
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.
Tue petition shall set forth tully the
nature of their claims to the lands, and
particularly state the date and form OF the
grant, concession, warrant or order OF sur
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
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
States or been heretofore submitted to any
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 un1avorably 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 jurisdiC-
ton of all cases or claims presented by pc
tttion 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 hled, after due notice, or on the
petition and the answer or answers of any
person or persons iLterested 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
taken; and copy of such petition, with
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 Oh 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,
after service of petition and citation as
hereinbefore provided, within thirty days,
unless further time shall for good cause
shown, be granted by the court, or judge
thereof, to enter an appearance, and plead,
answer or demur to said petition and in
default of such plea, answer or demurrer
being made within said thirty days or
been granted as aforesaid, the court shall
proceed to hear the cause on the petition
and proofs, and render final decree &C.
cording to the provisions of this act, and in
no case shall decree be entered otherwise
than upon full legal proof and hearing; and
In every case the court shall require the
petition to be sustained by satisfactory