Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1891-08-06

| StpulatiOnS of the treaty concluded be
tween the United States and the Republic OF
Mexico at the City of Guadalupe Hidalgo on
the second day of February, in the year of
our Lord eighteen hundred and forty eight
or the treaty concluded between the same
, powers at the City of Mexico on the thir.
teenth day of December in the year of our
LORD eighteen hundred and hfty-three, and
the laws and ordinances of the government
{ IRON which it is alleged to have been de.
rived, and all other questions properly arts
ing between the claimants or other parties
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 Is
!. confirmed or rejected; and in confirming
any such claim. in whole or in part, the
court shall in its decree specify plainly the
location, boundaries and area of the land
the claim to which is so confirmed.
SEC s. That any person or corporation
claiming lands in any of the States or Ter
ritor1eS mentioned in this act under title
derived from the Spanish or Mexican Gov
eminent that was complete and perfect at
the date when the United States acquired
sovereignty therein shall have the right
(but shall not be bound) to apply to said
court in the manner in this court provided
Tor other cases for a confirmation of such
title; and on such application said court
shall proceed to hear, try and determine
the validity of the same and the right of
the claimant thereto, its extent, location
and boundaries. in the same manner and
with the same power as in other cases in
this act mentioned
If in any such case, title so claimed to be
perfect shall be established and confirmed,
such confirmation shall be for SO much land
only as such perfect title shall be found to
cover, always excepting any part of such
land that shall have been disposed of by the
| United States, and always subject to and
MOTTO affect any conflicting private interests,
rights or claims held or claimed adversely
to any such claim or title, or adversely to
the holder of any such claim or title And
no confirmation of claims or titles in this
| section mentioned shall have any effect
| further
claim of title by the United States and no
| 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 it, to
cause the attorney of the United States in
said court to file in said court a 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
| or such holder or possessor Is open to cues
| 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
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
| 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
in this respect to all the provisions of this
section applicable thereto
SEC. 8. That the party against whom the
court snall IN any case declde-the United
States, in case of the confirmation of a claim,
In whole or in part, and the claimant, in case
OF the election OF claim in whole or in
part-shall have the right of appeal to the
Supreme Court of the United States, such
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 of fact as of law, and may cause testi-
mony to be taken in addition to that given
in the court below, and may amend the
record of the proceedings below as truth
and justice may require; and on such retrial
and hearing every question shall be open;
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, 1t shall be the
duty of the attorney of the United States to
notify the Attorney-General, in writing, of
such judgment, giving him clear state
ment of the case and the points decided by
the court, which statement shall be verified
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.
torney-General within sixty days next after
the rendition OF such Judgment the right of
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 1t 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
published at the capital of the Territory. or
State and the other Of 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
3eneral shall retain such survey and plat
In his office for public inspection for the :
full period of ninety days from the date |
IT the first publication of notice in the news !
paper published at the capital of the Terri. !
.ory or State. .
If, at the expiration of such period, no OBJ /
lection to, such survey shall have been .
and forward it to the Commissioner of the !
General Land Office. If, within the said l
period of ninety days, objections are made to ;
IN interest in the confirmation or by any $
party claiming an interest in the tract en-
oraced In the survey or any part thereof !
such objection shall be reduced to writing
ector and the grounds of his objection, and
tgned by him or his attorney, and filed with 6
he Surveyor. General with such afndavits !
,ort of HIS objection At the expiration of 2
he said ninety. days. the SurveyorGeneral
hall forward such survey, with the objec- I
position to, such objections, and his report
hereon, to the Commissioner of the Gen I
.ral Land once.
Immediately upon receipt of any such sur. I
=
laid Commissioner shall transmit the same, {
With all accompanying papers to the court Y
n which the final decision was made for its /
of the survey and of any OBJ C
ections and proofs that may have been Q
lied, or shall be furnished; and the b
aid court shall thereupon determine if the r
laid survey is in substantial accordance \
With the decree of confirmation. If found e
o be correct the court shall direct Its clerk S
o indorse. upon the face of the plat its APP o
,rovaL If found to be incorrect, the court t
hall return the same for correction in such a
PARTICULARS as 1t shall direct. When any L
uryey is finally approved by the court, # P
hall be returned to the Commissioner of t
he General Land ONCE, who shall as soon +
s may be cause a patent to be issued thereon n
o the confrmee. One-half of the necessary a
expenses of making the survey and plat pro- u
ided for in this section and in respect of I
Which patent shall be ordered to be Issued, h
hall be paid by the claimant or patentee, s.
nd shall be lien on said land, which may
e enforced by the sale of SO much thereof e
8 may be necessary for that nurnoSe after | q