Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1891-07-31


day of November, 1891.
The substance of said act of Congress is a
follows:
AN ACT
To establish a Court of Private Land Claims
and to provide for the settlement o
private land claims in certain States ant
Territories.
Be il enacted by the Senate and House Of Repre-
sentdtices Of the United states Of america, Il
Congress assembled:
SECTION l. That there shall be, and hereby
Is established court to be called the COur
OF Private Land Claims to consist of chic
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 ant
WITT the advice and consent of the Senate
to hold their offices for the term expiring OF
the thirty-tirst day of December, ammo
domint eighteen hundred and ninety-fve
any three of whom shall constitute q
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 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
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 seventeen of title thirteen of the
Revised Statutes of the United States Each
OF said justices shall have power to admin
lister oaths and af1rmations. 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
needtul for the purposes thereof, and shall
give notice of the times and places of the
both the English and Spanish languages, in
one newspaper published at the capital of
such State or Territory, once a week
for. two successive weeks, the last, of
which publications shall be not less
than thirty. days next preceding the
times of the holding of such SEES
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, competent attorney,
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 ap-
pointed by the said court, a person who
shall be when appointed a 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
the first session thereof, to be published for
a period of ninety days in one newspaper at
The City of Washington and in one published
At the capital of the State of Colorado and
Of the Territories of Arizona and New
Mexico. Such notices shall be published in
Doth the Spanish and English languages,
Ind shall contain the substance of this act.
SEC 4. That it shall be the duty of the
he United States, the Surveyors-General
If such Territories and States. or the
leeper of any public records who may have
possessions OF any records and papers re-
and within said States and Territories in
'elation to. which any petition shall be
brought under this act, on the application
u any person interested or by the attorney
uch records and papers to said court or to
ittend in person or by deputy, any session
hereof when required by said court, ans
produce such records and papers.
SEC. s. That the testimony which has
)een heretofore lawfully and regularly re-
.eived by the Surveyor-General OF the
proper Territory or State or by the Com
missioner of the General Land ONCE, upon
my claims presented to them, respectively,
hall be admitted in evidence in all trials
lnder this act when the person testifying is
lead, so far as the subject matter thereof
S competent evidence; and the court shall
1--WE 1t such weight as, in its judgment, I'M
Ter all the circumstances, it ought to have.
SEC. q. That it shall be lawful for any
,erson or persons or corporation or their
cgal representatives., claiming lands within
he limits of the territory derived by the
United States from the Republic of Mexico
md now embraced within the Territories of
new Mexico, Arizona or Utah, or within
he States of Nevada, Colorado or Wyo-
ming by virtue of any such Spanish or Mex
can grant, concession, warrant or survey
Is the United States are bound to recognize
md confirm by virtue of the treaties of
ession of said country by Mexico to the
United States which at the date of the
passage of this act have not been confirmed
W act of Congress or otherwise, finally de-
ided upon by lawful authority, and which
re not already complete and perfect in
very such case, to present petition in
territory where said land is situated and |
where the said court holds its sessions, but |
asses arising in the States and Territories |
n which the court does not hold regular |
esSionS may be instituted at such place as |
nay be designated by the rules of the court |
Tine petition shall set forth fully the |
lature of their claims to the lands, and |
state the date and form of the |
rant concession, warrant or order of sur
'ey under which they claim, by whom |
made, the name or names of any person or
'ersons in possession of or claiming the |
anne, or any part thereof, otherwise than |
" the lease or permission of the petitioner,
nd also the quantity of land claimed and |
he boundaries thereof, where situate, with |
map showing the same as near as may be, |
nd whether the said claim has heretofore
een confirmed, considered or acted upon
" Congress or the authorities of the United |
tates, or been heretofore submitted to any
authorities constituted by law for the ad-
ustment of land titles within the limits OF
he said territory so acquired and by them
eported on unfavorably or recommended
or confirmation, or authorized to be sur
eyed or not; and pray In such petition
hat the validity of such title or claim may
e inquired into and decided.
Ana the said court is hereby authorized |
nd required to take and exercise jurisdic-
ion of all cases or claims presented by Pc
ltion in conformity with the provisions of
his act, and to hear and determine the
anne, as in this act provided, on the petit
Ions and proofs in case no answer or an.
wers be filed, after due notice, or on the
etition and the answer or answers of any
erson or persons interested in preventing
ny claim from being established, and the
nswer of the attorney for the United
tates, where he may have filed an answer,
nd such testimony and proofs as may. be
AIKEN; and a copy Of such petition, with
itat1on to any adverse possessor or claim
mt, shall Immediately after the filing of the
anne be served on such possessor or claim
mt In the ordinary legal manner of serving
UGH process in the proper State or Terri
Dry, and in like manner on the attorney
Or the United States; and it shall be the
uty OF the attorney for the United States
8 also any adverse possessor or claimant,
fter service of petition and citation as
ereinbefore provided, within thirty days,
Mess further time shall for good cause
hown, be granted by the court, or judge
hereof, to enter an appearance, and plead,
nswer or demur to said petition; and in
efault of such plea, answer or demurrer
eing made within said thirty days or
thin the further time which may have
cen granted as aforesaid, the court shall
roceed to hear the cause on the petition
nd proofs, and render a final decree &C.
ording to the provisions of this act, and In
o case shall decree be entered otherwise
Ian upon full legal proof and hearing; and
every case the court shall require the
etition to be sustained by satisfactory
roofs, whether an answer or plea shall
ave been fled or not.