Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1891-03-06
THE LAND COURT ACT.
A Complete Synopsis of the MOmsntous
Measure which Congress Has
Given New Mexico.
Its Provisions In Plain EngIlsh-Grant
Lands and How the Court will
Deal with Them.


Having secured copy of the land court
act just passed by congress, the New
MEXICAN is now enabled to give it's read
ers rather complete synopsis of its pro-
visions.
The measure provides for the appoint
ment by the president Of a chief justice
and four associate justices to constitute this
court, any three Of whom shall make a
quorum, with salary of 5000 per year
and their necessary travelling expenses;
also there shall be appointed U. S. at
torney, SO, 5000 year and travelling ex-
penses, and the court is authorized to
name clerk, deputy clerk, stenographer
and interpreter. All the officers Of this
court, except the clerk and deputy clerk,
shall be residents of "some state" in the
union-that is, no resident of any territory
is eligible to such offices as created by this
act, with the exception of the clerk and
the deputy clerk. The court shall
hold such sessions in the states and
territories and at such times as
IT MAY DEEM PROPER,
notice of all such sessions to be pub
lished in both English and Spanish,
and the notice of the first SEES.
sion of the court shall also be published.
All official records relating to land grants
shall be turned over to this tribunal.
Testimony of deceased persons in the
hands of surveyors general or other
officers shall be admitted in evidence.
Explicit provision is made in the bill as
to the manner of petitioning the court for
the adjudication of all
LAND GRANT CLAIMS.
Answers shall be made within thirty
days unless further time is granted. Pro-
ceedings subsequent to filing Of petitions
shall be conducted as near as may be &C.
cordlng to the practice in courts of equity
and as far as practicable testimony shall
be taken in court or before one of the
judges thereof.
The court shall have full power and
authority to hear and determine all ques-
tons relative to title of land, extent, To-
cation and boundaries thereof and other
matters fit and proper to be heard and
determined, and by final decree to set.
tie and determine the question of the
validity of the title and the boundaries oil
the claim presented for adjudication, &C.
cording to the law of nations, the stipu-
lations of the
TREATY OF GUADALUPE HDALGo,
and the laws and ordinances Of the gov.
eminent from which it is alleged the claim
is derived, and in confirming any such
claim, in whole or in part, the court shall
specify plainly the location, boundaries,
area, so confirmed. Owners of any grant
that was complete and perfect at the time
this country was acquired by the United
States may apply to have their grants
confirmed by this court, but they are not
bound to do so. The department of JUS
tice is authorized to guard the public in
terest or the rights Of any claimants by
causing petition to be fled praying action
by the court on any grant the claimant OF
possessor of which has not brought the
matter before the court for adjudication
Appeals from the decision of the court
may be taken to the
SUPREME CoTRT OF THE UNITED STATES.
Should no appeal be taken in six months
the decision of this court shall stand as
final and conclusive.
Upon the rendition of any judgment by
the court, all the facts in the case shall BE-
certified up to the attorney general of the
United States, and that officer may, il
deemed proper for the best interests Of
justice, cause an appeal to be taken to
the supreme court on behalf of the United
States. Should no appeal be taken then
tho facts are certified to the general land
office which shall without delay cause
the tract so confirmed to be surveyed, al
the cost of the United States. The sur
veyor general shall, upon receiving such
survey give public notice in English and
Spanish of the fact and keep the plat
open for inspection in his Office for a
period of ninety days, and if no objection
thereto is raised by any claimant, the
land department shall
TRANSMIT THE SURVEY
to the court for it's examination and ap-
proval, whereupon it is made the duty Of
the land Office to issue government pat
ent for the tract SO confirmed and ap-
proved; but when a patent issues the
claimant must pay one-half the cost oil
making the survey and plat.
The court is authorized to grant in
vacation all orders for taking testimony
and otherwise to do things not affecting
the substantial merits of the case. No
shall carry with it gold, sill
YER or quicksilver mines "unless the grant
claimed affected the donation or sale oil
such mines or minerals to the grantee, OF
unless such grantee has become otherwise
entitled thereto in law or in equity; but
all such
MINES AND MINERALS
shall remain the property of the United
States with the right of working the same,
which fact shall be stated in all patents
issued under this act. But no such mine
thall be worked on any property con.
firmed under this act without the consent
of the owner Of such property until spe-
cially authorized thereto by an act oil
congress hereafter passed.
No claim heretofore acted upon and de.
cided by congress shall be allowed by
this court. The court has no jurisdiction
of questions between rival grant claim
ants, or between grant owners and pri.
vate persons. Its Jurisdiction is limited to
what is valid grant land and
what is public land.
In respect to any claim or title that was
not compl etc and perfect at the time Of
the acquisition Of this country by the
United States, no confirmation shall be
made or patent issued for more "than