Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1891-10-27

" y
our Lord eighteen hundred and forty-eight
or the treaty concluded between the same
powers at the City of Mexico on the th1r-
teenth day of DeCem Der In the year of our
Lord eighteen hundred and hfty-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 lana
! the claim to which is so confirmed.
| SEC. s. That any person or corporation
claiming lands in any OF the states or Ter
rttor1es 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 nave the right
| (but shall not be bound) to apply to said
court In the manner in this court prov1dea
for other cases for a 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 CT; mant thereto, its extent, location
and boundaries, in the same manner and
with the same power as In other cases IN
| 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
only as such perfect title SHAH be found to
| cover, always excepting any part OF sucn
| 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 confirm alton of claims or titles In TINS
section mentioned shall have any effect
other or further than as release OF all
claim of title by the United States; and no
| 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
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
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 II the title oe
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 ana ceter-
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 law1ul
rights adverse to such claimant or possessor,
as between such claimant and possessor ana
any other claimant or possessor, and su blect
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 who!e or IN
a,-f bn11 n tha tuhf nf
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 testi
mony to be taken in addition to that given
in the court below, and may amend me
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
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 shall be the
duty of the attorney of the United states 70
notify the Attorney-General' IN w1itlng o.
ment of the case and the points decided by
the court, which statement shall be verified
by the certificate of the presiding judge or
statement shall not be received by the At
torney-General within sixty days next after
the rendition OF such judgment the right or
appeal on the part OF the united STATES
after the receipt of such statement. And II
the. Attorney-Ge neral shall 80 direct, 1t 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
torney-General for his examination. In all
cases 1t shall be the duty of the Attorney
United States what further course to pursue
and whether or not an appeal shall be taken. !
SEC TO- That when any decision OF CON
f1rmation shall become final. the clerk OF the
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 t s c ana
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-
spective Territory or State, and the plat
thereof completed, the Surveyor-General
shall give notice that the same mas 9een
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. df any such there be)
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 public inspection tor tae
OF the first publication of notice In the news
paper published at the capital of the Terri.
tory or State.
If, at the expiration of such period, no OBJ
been
filed with him, he shall approve the same
and forward 1t to the Commissioner OF the
General Land once. II, within the said
such survey, either by any party claiming
an interest in the confirmation or by any
party claiming an interest in the tract EN-
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,w with such affidavtts
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 Cen
erAl 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 maj decision was maze LOT ltB 4.
exa animation of the survey and of any OBJ 7
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 ap i
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 retuTnea 70 9, tne Gom IN OF
as may be cause apatent to be issued thereon
to the confirmee. One-half of the necessary
exr .nses of making the survey and plat pro-
v.ucd for in this section and in respect of /
which patent shall be ordered to be Issued,
hall be paid by the claimant or patentee,
and shall be a lien on said land, which may
be enforced by the sale of so much thereof
aa m " he necessary for that nurnoae after