Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1891-09-08

Jul LOIu eighteen ana IOrty-elglt,
or the treaty concluded between the same
powers at the City of Mexico on the thir-
lee tn day OF December In the year of our
LORD eighteen hundred and 1fty-three, and
the laws and ordinances of the government
from which 1t is alleged to have been de-
rived, and all other questions properly aris-
ing between the claimants or other parties
in the case and the United States, which de
cree snail 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 land
the claim to which Is so confirmed.
SEC. g. That any person or corporation
Claiming lands in any of the States or Ter
r1tories mentioned in this act under a 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 have the right
| (but shall not be bound) to apply to said
court in the manner in this court provided
for other. cases for confirmation of such
title; and on such application said court
snail proceed to hear, try and determine
the validity of the same and the right of
the, claimant 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, a title so claimed to be
perfect shall be established and confirmed,
such confirmation shall be for SO much land
only as such perfect title shall be found to
cover always excepting any part of such
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 confirmation of claims or titles in this
section mentioned shall have any effect
| other or further than as a 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 it, 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
mentioned in this act who shall not have
| voluntarily come IN under the provisions of
| this act stating in substance that the title
of such holder or possessor is open to ques.
t1on 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 If the title be
| 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 and deter
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 lawful
rights adverse to such claimant or possessor,
as between such claimant and possessor and
any other claimant or possessor, and subject
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
part-shall have the right of appeal to the
Supreme Court of the United States, such
appeal to be taken within six months from
the date of such decision, and in all respects
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
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 the
record of the proceedings below as truth
and justice may require; and on such retrial
and hearing every question snail be OPEN
thereon shall be final and conclusive.
Should no appeal be taken as aforesaid, the
decree of the court below shall be final and
conclusive.
Upon the rendition of any judgmen of the
court confirming any claim, 1t shall be the
notify the Attorney General, in writing, of
such judgment, giving him a clear state
ment of the case and the points decided by
the court, which statement shall be verified
by the certificate of the presiding judge OF
said court; and in any case In which such
statement shall not be received by the At
torney-General within sixty days next after
appeal on the part Of the United States
shall continue to exist until six months next
after the receipt of such statement. And II
the Attorney-General shall SO direct 1t shall
transmit the record of any cause in which
final judgment has been rendered to the At
torney.General for his examination. In all
General to instruct the attorney for the
United States what further course to pursue
and whether or not an appeal shall be taken.
frmation 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 copy OF
the decree of confirmation, which shall
plainly state the location, boundaries and
areL Of the tract confirmed. The said Com
missioner shall thereupon without delay
at the cost Of the United States .When, any
such survey shall have been made. and re-
turned to the ,Suryeyor,General OF the re.
spective Territory or State, and the plat
shall give notice that the same has been
done, by publication once week, for four
consecutive weeks in two newspapers, one
State, and the other. IF any such there beg ,,
published near the land SO surveyed, such !
notices to be published in both the Spanish {
General shall retain such survey and plat 5
In his office for public inspection for the :
tull period of ninety days from the date
Of the first publication of notice In the news !
paper published at the capital OF the Terri !
tory or State.
IT. at the expiration Of such period, no OBJ
lection to such survey shall have been :
hled with him, he shall approve the same 7
a nd n m | I
General Land once. If, within the said !
period of ninety days, objections are made to 5
such survey. either by any party claiming !
party claiming an interest in the tract EN- g
oraced In the survey or any part thereof :
such objection shall be reduced to writing
ector and the grounds Of his objection, and !
signed by him or his attorney, and filed with 6
he Surveyor eneral, with such af1davits !
or Stnsr proofs as he may prodncs n sup
he said ninety. days, the Surveyors General
shall forward such survey, with the objec- !
ions and proofs filed In support OF, or in OPP i
position to, such objections, and his report '
thereon, to the Commissioner of the Gen t
,rll Land once.
Immediately upon receipt of any such sur !
yey With or without objections thereto the
With all accompanying papers to the court y
n which the final decision was made for its i
examination of the survey and of any OBJ G
eCIons Auu pIools That may udVc peeu h
He'd, or shall be furnished; and the q
aid court shall thereupon determine If the z
laid survey is in substantial accordance n
With the decree of confirmation. If found e
o be correct the court shall direct its clerk 8
o indorse. upon the face of the plat its APP o
,rovaL II found to be incorrect the court 7
hall return the same for correction in such a
PARTICULARS as 1t shall direct When any l
uryey is finally approved by the court, #
hall be returned to the Commissioner of t
he General Land ONCE, who shall as soon II
IS may be cause patent to be issued thereon n
o the conflrmee. One-half of the necessary a
1ded for in this section and in respect OF u
Which patent shall be ordered to be Issued, n
hall be paid by the claimant or patentee, 81
nd shall be lien on said land, which NAV
e enforced by the sale of so much thereof e.
8 may be necessary for that purpose, after II
default of payment thereof for six months e.
ext after the approval Of such survey and t,
~eSA ~