Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1891-08-11

| stipulations 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 fifty-three, and
| the laws and ordinances of the government
from which 1t is alleged to have been de-
| rived, and all other questions properly aris-
| 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
| 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. =. That any person or corporation
claiming lands in any of the States or Ter
! ritOries mentioned in this act under a 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
| for other cases for 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.
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
not to 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
other or further than as s release OF all all
| 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, to
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 shall deem
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
IeCi1e-the
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
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
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
sha Pc ana ne
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 Acknowledgement, 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 or
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, it 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,
orney-General for his examination. In all
cases it 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
flrmation shall become final the clerk OF the
court in which the final decision shall be had,
of the General Land once, with a copy OF
the decree of confirmation, which shall
plainly state the location, boundaries and
area of the tract confirmed. The said Com
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 SurveyorGeneral 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 a week, TOR four
published at the capital of the Territory, or
State, and the other. Of any such there Beg
published near the land SO surveyed, such
notices to be published in both the Spanish
and English languages; and the Surveyor
General shall retain such survey and plat
in his office for pu bile. inspection for the
Of the efr rst pubicaton Of notice in the
paper published at the capital of the Terri |
tory or State.
If at the expiration of such period, no OBJ
lection to such survey shall have been
filed with him, he shah approve the same |
and forward 1t to the Commissioner of the |
General Land once. II, within the said
period of ninety. days, objections are made to
an interest in the confirmation or by any |
party claiming an interest in the tract EN-
braced In the survey or any part Thereon,
stating distinctly the interest Of the Oh.
iector and the grounds of his objection, and |
signed by him or his attorney, and filed with
the Surveyor General, with such affldavits
or other proofs as he may produce in sup |
port of his objection. At the expiration of
the said ninety. days, the Surveyor-General |
shall forward such survey, with the objec- |
lions and proofs filed in support Of or in OPP |
position to, such objections and his report |
thereon, to the Commissioner OF the Gen.
eral Land once.
Immediately upon receipt OF any sucn sur |
vey with or without objections thereto, the |
said Commissioner shall transmit the same, |
with all accompanying papers to the court |
in which the final decision was made for its |
examination of the survey and of any OBJ |
jections and proofs that may have been |
filed, or shall be furnished and the
said court shall thereupon determine If the |
said survey Is In substantial accordance |
with the decree of confirmation If found |
to be correct, the court shall direct its clerk |
to indorse- upon the face of the plat its APP |
prevail If found to be incorrect, the court |
shall return the same for correction in such |
particulars as 1t shall direct. When any |
survey is finally approved by the court, It |
shall be returned to the Commissioner of |
as may be cause patent to be issued thereon
to the confrmee. One-half of the necessary |
expenses of making the survey and plat pro-
vided for in this section and in respect Of
which patent shall be ordered to be Issued, |
shall be paid by the claimant or patentee, |
and shall be a lien on said land, which may