Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1891-10-06

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powers at the City of Mexico on the thir
teenth day of December in the year of ouI
Lord eighteen hundred and lity-three, AM
the laws and ordinances of the government
from which 1t is alleged to have been de
rived, and all other questions properly arts
ing between the claimants or other partie
in the case and the United States. which dc
cree shall in all cases refer to the treaty
law or ordinance under which such claim Il
confirmed or rejected; and in coni1rmlni
any such claim. in whole or In part, th'
court shall in its decree specify plainly th'
location, boundaries and area OF the lant
the claim to which is so confirmed.
SEC. 8. That any person or corporation
Claiming lands in any OF the States or Ter
r1tories mentioned in this act under it'll
derived from the Spanish or Mexican Gov
eminent that was complete and perfect
the date when the United States acquiret
sovereignty therein shall have the RICH
(but shall not be bound) to apply to sale
court in the manner in this court providett
for other cases for a confirmation OF suct
title; and on such application said cour
shall proceed to hear, try and determin,
the validity of the same and the right o.
the cla mant thereto, its extent, Location
and boundaries in the same manner ant
with the same power as in other cases II
this act mentioned.
If in any such case, title so claimed to bt
perfect shall be established and confirmed
such confirmation shall be for so much lane
only as such perfect title shall be found t.
land that shall have been disposed of by the
United States, and always subject to anC
not to affect any conflicting private interests
rights or claims held or claimed Adversely
to any such claim or title, or adversely tt
the holder of any such claim or title. AnC
no confirmation of claims or titles in this
section mentioned shall have any effect
other or further than as release OF al
claim of title by the United States; and nc
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 1t, tC
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
of such holder or possessor Is open to ques
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
matter into court are open to question, and
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
such claimant or possessor, as 1t snail deem
reasonable, proceed to hear, try and deter
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 shall in any case deCide-the United
States, in case of the confirmation of claim,
In whole or in part and the claimant, in case
of the rejection of claim in whole or In
part-shall have the right of appeal to the
Supreme Court of the United States, such
appeal to be taken within six months from
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 testl-
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 retr1al
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, it shall be the
duty of the attorney of the United states to
notify the Attorney-General, in writing, OF
such judgment, giving him a 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. Ana II
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.
torney-General for his examination. In all
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 or con-
court in which the final decision shall be had,
shall certify that fact to the Commissioner
Of the General Land ONCE, with a copy Of
The decree of confirmation, which shall
plainly state the LOCATION boundaries c and
missioner shall thereupon without delay
cause the tract so confirmed to be surveyed
1t the cost of the United States. When any
such survey shall have been made and re-
.urned to the Surveyor.General of the re-
Hereof completed, the Surveyor General
shall give notice that the same has been
lone, by publication once week, for four
published at the capital of the Territory. or
State. and the other IF any such there beg
published near the land so surveyed, such
notices to be published in both the Spanish
Eng ss regan sGch rRe and a
n his office for public inspection for the
.ull period of ninety days from the date
If the first publication of notice In the news
,aper published at the capital of the Terri
DRY or State.
If, at the expiration of such period, no OBJ
cction to such survey shall have been
He'd with him, he shall approve the same
md forward It to the Commissioner of the
,eriod of ninety days, objections are made to
Iuch survey, either by any party claiming
In interest in the confirmation or by any
party claiming an interest in the tract en-
ueh e obi t Snail liz Be reduced to Writing
Itattng distinctly the interest of the OBJ
ector and the grounds of his objection, and
,jgned by him or his attorney, and filed with
he Surveyor, General, with such afhdayits
port of his objection. At the expiration Of
he said ninety days, the Surveyor-Generai
hall forward such survey, with the objec-
ions and proofs filed in support of, or in op.
position to, such objections and his report
thereon, to the Commissioner of the Gen
.ral Land once.
Immediately upon receipt of any such sur
7ey, with or without objections thereto, the
laid Commissioner shall transmit the same,
With all accompanying papers to the court
n which the final decision was made for its
of the survey and of any OBJ
ectIons and proofs that may have been
lied, or shall be furnishes; and the
laid court shall thereupon determine If the
said survey is In substantial accordance
With the decree of confirmation. If found
% be correct, the court shall direct its clerk
% indorse upon the face of the plat its ap-
prevail If found to be incorrect, the court
hall return the same for correction in such
PARTICULARS as it shall direct. When any
Iurvey is finally approved by the court, It
hall be returned to the Commissioner of
he General Land ONCE, who shall as soon
Is may be cause patent to be issued thereon
@ the confrmee. One-half of the necessary
expenses of making the survey and plat pro-
yided for in this section and in respect OF
which patent shall be ordered to be Issued,
ii all be paid by the claimant or patentee,
ind shall be lien on said land which may
De enforced by the sale of so much thereof
Is may be necessary for that purpose, after
| default of payment thereof for six months
lext after the approval of such survey and
plat; and no patent shall issue until such
SrC ~ Thaf fbe pyovisionS of tbis ,,+