Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1891-09-24
AN ACT

: day of November, 1891.
The substance of said act of Congress is AZ
follows:
To establish Court of Private Land Claims
and to provide for the settlement OF
private land claims in certain States and
Territories
Be it enacted BY the Senate and House Of Repre-
sentati0eS Of the United States of An.ericd, in
Congress assembled:
SECTION l. That there shall be, and hereby
is established court to be called the Court
OF Private Land Claims, to consist OF chief
justice and four associate Justices, VINO 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-fve,
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 APP
point clerk who shall attend all the sessions
of the court, and q deputy clerk, where
regular terms of the court are held. The
court shall also appoint stenographer VINO
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
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 IN
Revised Statutes of the United States. Each
Of said justices shall have power to admin
lister oaths and afflrmations 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
So dreeed by tne COURT TRe
shall hold such sessions in the States and
Territories mentioned In this act as shall be
nsedfnl tor tae tnere91 ana If s1 fse
holding of such sessions, by, publication IN
both the English and Spanish languages, IN
one newspaper published at the capital OF
for two successive weeks, tho last OF
which publications shall be not less
than @ns thirty the days o eSt sddn s tne
sions, but such sessions may be adjourned
from time to time without such publication:
SEC. 2. That there shall also be appointed
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 e, United
pointed by the said court, 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 organt-
cation of said court the clerk shall cause
notices thereof, and of the time and place OF
the first session thereof, to be published Tor
the City of Washington and in one published
ut tho 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 English languages,
and shall contain the substance of this act.
SEo. 4. That it shall be the duty OF the
the United States, the suryeyorsGenera
Of such Territories and States or the
keeper of any public records who may have
possessions Of any records and papers re.
lating to any land grants or claims tor
land within said States and Territories in
brought under this act. on. the application
Of the United States, to safely transmit
such records and papers to said court or to
attend in person Or By deputy any session
thereof when s rsSrdiEeo "a ~ sa,a court an'
SEC. 8. That the testimony which has
been heretofore lawfully and regularl y re,
proper Territory or state or by the Com
missioner of the General Land once, upon
any claims presented to them, respeGtively,
shall be admitted in evidence in all trials
under this act when the person test1tylng Is
dead, so far as the subject matter thereof
is competent evidence; and the court snail
give 1t such weight as, in its judgment, I'M
der all the circumstances, 1t ought to have.
SEC. 8. That it shall be lawful for any
person or persons or corporation or their
legal representatives. claiming lands within
| United States from the Repu bic OF Mexico
and now embraced 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, and which
ar 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 tie said court holds Its sessions, but
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 fully 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
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
that the validity of such title or claim may
| be inquired into and decided.
| And the said court Is hereby authorized
and required to take and exercise jurisdic-
| ton of all cases or claims presented by pc.
ution In conformity with the provisions of
this act, and to hear and determine the
| tons and proofs in case nc answer or an
| swers be filed, after due notice, or on the
petition and the answer or answers of any
person or persons interested in preventing
any claim from being este blished, and the
answer of the attorney for the United
States where he may have filed an answer,
| and such testimony and proofs as may be
taken; and copy of such petition, with
citation to any adverse poSsessor or claim
| ant shall Immediately after the filing of the
same be served on such posssssor 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 United States,
after service of petition and citation as
| hereinbefore provided, within thirty days,
| unless further time shall for good cause
shown be granted by the court, or a judge
| thereof to enter an appearance, and plead,
| answer or demur to said petition; and in
default of such plea, answer or demurrer
| within the further time which may have
been granted as aforesaid, the court shall
proceed to hear the cause on the petition
and proofs, and render final decree &C.
cordfng 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.
SEQ. 7. That all proceedings subsequent
| to the filing of said petition shall he con-