Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1891-09-28

NOTICE 10 hereby given that the Court OF
~ Private Land Claims, established by the
act of Congress- approved March 8, 1881 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
city city Of pen1er in the STATE s 81 Colorado
the first day of July, 1891, by the appoint
ment of clerk and the other officers pro
yided for In said act. And by order OF the
Chief Justice and Associate Judges of said
court, the first session thereof will be held
at Denver, Colorado, on Tuesday, the 18th
day of November, 1891
follows:
To establish Court of Private Land Claims,
and to provide for the settlement OF
private land claims In certain States and
Territories,
Be IL enacted by the Senate and House Of Repre-
ssntatipes Of ths United Statss Of America IN
Congress assembled.
SECTION /. 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, VINO shall
of some of the States of the United States,
to be appointed by the President, by and
| with the advice and consent OF the SENATE
to hold their ofices for the term expiring on
| the thirty-hrst day of December, ammo
domini eighteen hundred and ninety-hve,
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
regular terms of the court are held. The
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 affrmations. 1t Ehall be the
duty of the United States marshal for any
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
Territories mentioned in this act as shall be
five notice Of the times and places of the
odpg q uGn ny In
one newspaper published at the capital OF
toE two successive weeks, the last Of
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
the United states, to represent the United
States in said court. And there shall be ap-
pointed by the said court, person who
thall be when appointed citizen and resi-
skilled in the Spanish and English Ian
guages, to act as Interpreter and translator
In said court, to attend all the sessions
to OF su On
SEC. 3. That Immediately upon the organl-
Eation Of said court the clerk shall cause
notices thereof, and OF the time and place OF
the first session thereof. to be published tor
period of ninety days in one newspaper at
the City of Washington and in one published
At tho capital of the State OF Color ado and
Of the Territories of Arizona and New
both the Spanish and English Languages,
and shall contain the substance of this act.
SEC 4. That 1t shall be the duty OF the
I the unitea States nf the saryeyorsaeneral
of such Territories and States, or the
keeper Of any public records who may have
possessions of any records and papers re.
Iating to any land grants or claims tor
land within said States and Territories in
brought under this act. On the application
Rnted stats 70 .aS ge
SUCH records and papers to said court or to
attend in person or by deputy any session
thereof when required ~ said court, ans
produce such records and papex2
SEC. 8. That tho testimony which has
been heretofore lawfully and regularly re-
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 when the person testify1ng 1s |
dead, SO far as the subject matter thereof |
Is competent evidence; and the court shall
give 1t such weight as, in its Judgment, un-
der all the GircumstanGes, 1t ought TO nave;
person or persons or corpora ton or their
legal represent atives. claiming lands within
the limits of the territory derived by the
and now embr aced 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
a. 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 of Congress or otherwise, finally de.
cided upon by lawful authority, and which
are not already complete and perfect In
every
writing to the said court in the State or
Territory where said land 10 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 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
Sey under which they claim, by whom
made, the name or names OF any person or
persons In possession .S OF or claiming the
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
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 untavorably or recommended
yeyed or not; and pray In such petition
that the validity of such title or claim may
be inquired into and decided.
Ana the said court Is hereby authorized
and required to take and exercise jurisdiC-
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 tiled, after due notice, or on the
petition and the answer or answers of any
person or persons lit rested in preventing
any claim from being est& blished, 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 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,
IS also any. adverse possessor or claimant
provided, within thirty days,
unless further time shall for good cause
shown, be granted by the court, or judge
answer or demur to said petition; and in