Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1891-10-19
NOTICE OF THE ORGANIZATION
OF THE
Court Of Private Land Claims

~ Private Land Claims established by tn
act of Congress approved March 3, 1891, er
titled AN act to establish Court of Privat
Land Claims, and to provide for the Settle
ment of private land claims in certain State
and Territories" was duly organized at tn
City of Denver, in the State of Colorado, OF
the first day of July, 1891, by the appoint
ment of clerk and the other officers pre-
Chief Justice and Associate Judges of sal
court, the first session thereof Will be hell
at Denver, Colorado, on Tuesday, the 17tl
day of November, 1891.
follows:
To establish Court of Private Land Claims
and to provide for the settlement o
private land claims in certain States ant
Territories.
Be Il enacted by the Senate and House Of Repre-
sentdtiues Of the United States Of america il
Congress assembled:
SECTION l. That there shall be, and hereby
is established a court to be called the Cour
of Private Land Claims, to consist of a chic
justice and four associate justices, who sha al
be, when appointed, citizens and residents
of some of the States of the United States
with the advice and consent of the Senate
to hold their Offices for the term expiring or
the thirty-hrst day of December anne
domini Eighteen hundred and ninety-fve
any three of whom shall constitute q
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
of the court, and 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
narfOrm the HntiaQ rAoujred of him nv the
court.
The said court shall have the power to
ADOPT all necessary rules and regulations
for the transaction of Its business and to
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
OF said justices shall have power to admin
lister oaths and affirmations. 1t Ehall be the
duty of the United States marshal for any
district or Territory in which the court is
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
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
such State or Territory, once a week
which publications shall be not less
thae es thirty o the says od nss'
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-
ihall 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
thereof, and to perform such other services
rs may be required of him by the court.
SEC. 3. Thatimmediately upon the organ1-
cation Of said court the clerk shall cause
the first session thereof, to be published tor
q period of ninety days in one newspaper at
the City of Washington and IN one published
1T the capital of tho State of Colora ado and
Mexico. Such notices shall be published in
both the Spanish and English languages,
and shall contain the substance OF this act.
SEQ. 4. That it shall be the duty OF the
the United States, the Surveyors-Genera al
of such Territories and States. or the
keeper of any public records who may have
possessions 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
such records and papers to said court or to
thereof when required By said Court, ana
produce such records and papcrA
SEC. 8. That the testimony which has
been heretofore lawfully and regularly re-
eeived by the Surveyor-Generai. 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 in all trials
under this act when the person testifying is
dead, so far as the subject, matter thereof
give 1t such weight as, in its judgment, I'M
der all the circumstances, 1t ought to have.
SEC. 6. That it shall be lawful for any
person or persons or corpora ton or their
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 within
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
Ind confirm by virtue OF the treaties of
SeSSlOn Oh Sdlu Country NY McAlCO W Tue
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
svery such case, to present 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
gases 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
Vey 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
Ind also the quantity OF land claimed and
the boundaries thereof, where situate, with
4 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-
|ustment of land titles within the limits of
the said territory SO acquired, and by them
reported on unfavorably or recommended
for confirm alton, or authorized to be sur
geyed or not; and pray In such petition
that the validity of such title or CT N may
And The said court Is hereby authorized
Ind required to take and exercise jurisdic-
ton of all cases or claims presented by Pc
alton In conformity with the provisions of
this act, and to hear and determine the
lame, as in this act provided, on the petit
lions and proofs in case nc answer or an
swers be filed, after due notice, or on the
petition and the answer or answers of any
person or persons interested in preventing
my claim from being established, and the
enswer of the attorney for the United
States, where he may have filed an answer,
Ind such testimony and proofs as may be
taken; and copy Of such petition, with a
station to any adverse possessor or claim
Int, shall Immediately after the filing of the
'ame be served on such possessor or claim
Int in the ordinary legal manner of serving
Iuch process in the proper State or Terri
Tory, and in like manner on the attorney
Tor the United States; and 1t shall be the
auty OF the attorney for the United States,
Is also any adverse possessor or claimant,
litter service of petition and citation as
provided, within thirty days,
unless further time shall for good cause
Ihown, be granted by the court, or judge
thereof, to enter an appearance, and plead,
answer or demur to said petition; and in
1efault of such plea, answer or demurrer
being made within said thirty days or
within the further time which may have
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