Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1891-07-25

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 pro
vided for In said act. And by order of thu
} Chief Justice and Associate Judges of sait
court, the first session thereof Will be hell
: at Denver, Colorado, on Tuesday, the 17tl
day of November, 1891.
The substance of said act of Congress is a!
follows:
; To establish a Court of Private Land Claims
and to provide for the settlement o.
private land claims In certain States and
Territories.
BE il enacted by the Senate and House Of Repre-
sentatiUeS Of the United States OF Ans6rica, IN
Congress QSscnbted'
SECTION l. That there shall be, and hereby
is established court to be called the Court
OF Private Land Claims, to consist of a 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
with the advice and consent of the Senate,
to hold their off1ces for the term expiring on
the thirty-frst day of December, ammo
dom1nt eighteen hundred and ninety-tlve,
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 a 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
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
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 aff1rmations. 1t shall be the
duty of the United States marshal for any
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 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
give notice of the times and places of the
holding of such sessions, by publication In
both the English and Spanish languages, In
one newspaper published at the capital Of
for two successive weeks the last. of
which publications shall be not less
than thirty days next preceding the
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
W
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 APP
pointed by the said court, a person who
shall be when appointed 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
In said court, to attend all the sessions
thereof, and to perform such other services |
as may be required of him by the court
SEC. 3. That Immediately upon the organi |
Lation of said court the clerk shall cause |
notices thereof, and of the time and place of |
the first session thereof, to be published for |
a period of ninety days In one newspaper at |
at the capital of the State of Colorado and
of the Territories of Arizona and New
Mexico. Such notices shall be published In
both the Spanish and English languages,
and shall contain the substance of this act |
SEC. =. That 1t shall be the duty of the
Commissioner of the General Land Office of
the United States, the Surveyors-General
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
of any person interested or by the attorney
Of the United States, to safely transmit
such records and papers to said court or ia
attend in person or by deputy any session
thereof when required by said court, and
produce such records and papers.
SEC. 3. That the testimony which has
been heretofore lawfully and regularly re-
ceivcd by the Surveyor-General OF the
proper Territory or state or by the Com
missioner of the General Land ONCE, upon
any claims presented to them, respectively,
shall lie admitted in evidence In all trials
under this act " hen the person testltylng Is
dead, so far as the subject matter Thereon
Is competent evidence and the court snail
~ y, at.fhf tn n Or n
der all the circumstances, 1t ought to have
SEC. q. That it shall be lawful tor any
person or persons or corporation or thelr
legal representatives claiming lands WITHIN
the limits of the territory derived by the
United States from the Republic of Mexico
and now embra ced 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
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 such case, to present petition In
writing to the said court in the State or
Territory where said land Is situated and
where the said coHrt holds It's sessions put
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.
nature of their claims to the lands, and
particularly 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 |
by the lease or permission OF the petitioner,
and also the quantity of land claimed and
~ l,,, In,-t hoy Sif rl 70 yJit n
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 80 acquired, and by them
reported on unfavorably 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 |
lions and proofs in case no answer or an |
swers be filed, after due notice, or on the |
petition and the answer or answers of any |
any claim from being established, and the |
answer of the attorney Tor 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 a
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 1t shall be the
duty OF the attorney for the United States,
as also any adverse possessor or claimant
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,
default of such plea, answer or demurrer
being made within said thirty days or
within the further time which may have
been granted as aforesaid, the court shall
and proofs, and render a final decree &C.
cnsdirr To the nrouiaiona of this act and In