Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1891-08-25

SECTION l. That there shall be, and hereby
is established a court to be called the Court
OF Private Land Claims to consist OF 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 offices for the term expiring on
the thirty-hrSt day of December, ammo
domini eighteen hundred and ninety-hve
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 he d. The
court shall also appoint stenographer VINO
| shall attend all the sessions OF the court ana
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
the business of said court, and to issue com
| missions to take dispositions as provided IN
chapter seyent cen of title thirteen of the
| Revised Statutes of the United States. EaCh
OF said justices shall have power to admin
lister oaths and attirmations. 1t shall be the
duty OF the United States marshal tor 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
allSnu the court Ill person VI ny uCpuLy
when so directed by the court. The court
shall hold such sessions in the States and
Territories mentioned in this act as shail be
needtul 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
one newspaper published at the capital OF
such State or Territory, once Weef
than thirty days next preceding the
times of the holding Of such ses,
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 a resident and citizen of some state OF
the United States, to represent the United
States in said court. And there shall be ap-
pointed by the said court, person VINO
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 ana 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 organ1-
Lation OF said court the CLERK snali cau sc
the first session thereof, to be publ1Sned 1or
period of ninety days in one newspaper at
the City of Washington and in one puDilsned
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 Englsh languages
and shall contain the substance OF THIS act.
SEC. g. That it shall be the duty or the
Commissioner of the General Land once OF
the United States, the Suryeyors-Genera
of such Territories and states, or the
keeper of any public records VINO may nave
possessions of any records and papers re-
lating to any land grants or claims Tor
land within said States and Territories in
relation to which any petition snail be
| ,fla,- an q n
of any person interested or by the attorney
OF the United States to safely transmit
such records and papers to said court or 10
attend in person or By SSepya any aoa
produce such records and paperS
SEC. 5. That the testimony which has
been heretofore lawfully and regularly re-
ceived by the veyor-General OF the
proper Territory or state or by the Con-
missioner of the General Land once, upon
any claims presented to them, respectively,
shall be admitted in evidence IN al tflais
under this act W hen the person test1ty1ng Is
dead, so far as the subject matter thereof
| is competent evidences and the court shall
give It such weight as, IN ITS Judgment, IN
der all the circumstances, it ought to nave.
SEC 6. That it shall be lawful tor any
person or persons or corporation or thelr
| legal representatives, claiming lands Wllhln
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, ana winch
| 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 coul holds us 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 be designated by the rules OF the court.
| the petition shall set forth July the
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
| the boundaries thereof, where situate, with
| 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 so acquired, and by them
reported on untavorably 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.
| Ana the sad court is hereby authorized
| and required to take and exercise jurtsdic-
ton of all cases or claims presented by pc.
tition 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 nc answer or an
swers be tled after due notice, or on the
| petition and the answer or answers OF any
person or persons interested in preventing
any claim from being established, and the
answer of the attorney for the United
| States, where he may nave hleu 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 Unlted States,
as also any adverse possessor or claimant,
after service of petition ana 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,
answer or demur to said petition; and In
default of such plea, answer or demurrer
being made within said thirty days or
been granted as aforesaid, the court shall
proceed to hear the cause on the petition
and proofs, and render a final decree &C
cording to the provisions of this act, and in
no case shall decree be entered otherwise
than upon full legal proof and hearing; and
in every case the court shall require the
petition to be sustained by satisfactory
proofs whether an answer or plea shall
have been filed or not.
SEC. Z. That all proceedings subsequent
to the filing of said petition shall be con-
l 1%n, 1t,,r ~ H.
practice of the courts of equity of the
United States, except that the answer of the
attorney of the United States shall not be
required to be verified by his oath, and ex-
cept that, as far as practicable, testimony
shall be taken in the court or before one Of
the justices thereof. The said court shall
have full power and authority to hear and
fore 1t relative to the title to the land, the
subject of such case, the extent, location
land boundaries thereof, and other matters