Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1891-10-29

the second day of February, in the year of
our Lord eighteen hundred and torty-e1ght
or the treaty concluded between the same
powers at the City of Mexico on the .thir-
| tenth day of DeCem Der in the year OF our
Lord eighteen hundred and tifty-three, and
the laws and ordinances OF the government
| from which it is alleged to have been de-
rived and all other questions properly arls-
| 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 lanu
| the claim to which Is so confirmed.
| SEC 8. That any person or corporation
claiming lands in any of the States or Ter
| ritOries 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 prov1ded
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 Cl; uant thereto, its extent, location
| and boundaries. in the same manner and
| with the same power as In other cases III
| 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
/
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 GondcnS pfvad5e
to any such claim or title, or adversely to
the holder of any such claim or title. Ana
no confirmation of claims or titles In this
| section mentioned shall have any eHeCt
| other or further than as a release OF all
claim of title by the United States; and no
private right OF any person as between MIN
| 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
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 nave
voluntarily come in under the provisions OF
| this act stating in gu Distance that the tltle
| of such holder OF 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
praying that the title to any such land, or
the boundaries thereof If the title be
admitted, be settled and ad1udicated; ana
! thereupon the court shall, on such notice 10
such claimant or possesSor, as II shaIl 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 ana 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 sq olect
| In this respect to all the provisions OF thls
section applicable thereto.
SEC o. That the party against whom the
| court shall in any case declde-tne Unlteu
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 dec1s,
| ions of the Circuit Courts or 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 retr1al
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 SHAH 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 ver1hed
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
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
| No lcba l1sn1
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 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-
frmation shall become final. the clerk OF the
court IN which the final decision shall be had,
shall certify that fact to the Commissioner
the decree of confirmation. which shall
plainly state the location, boundaries and
areI 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-
sspectiye Territory or state, ana me pa!
shall give notice that the same has been
done, by publication once week, for four
consecutive weeks In two newspapers, one
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
General shall retain such survey and plat
in his office for public inspection for the
full period of ninety days from the date
OF the first publication of notice In the news-
paper published at the capital OF the Terri
If, at the expiration of such period, no OBJ
lection to such survey shall have been
ea h se
period of ninety days, objections are made to
such survey, either by any party claiming
party claiming an interest in the tract EN-.
braced in the survey or any part thereof,
such objection shall be reduced to writing,
stating distinctly the interest of the OBJ
jector and the grounds of his objection, and
signed by him or his attorney, and filed with
the Surveyor! General, with such afldavits
or other proofs as he may produce In sup.
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 Cen
erll Land ONCE.
Immediately upon receipt of any such 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
fled 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 ap-
prevail If found to be incorrect, the court
shall return the same for correction in such
particulars as 1t shall direct When any
cOnrf
\ shall be returned to the Commissioner of
the General Land ONCE, who shall as soon
as may be cause apatent 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
he enforced by the sale of so much thereof