Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1891-08-04

Lord eighteen hundred and ffty-three, an
tne laws and ordinances of the government
from which it is alleged to have been de
e rived, and all other questions properly arts
Ing between the claimants or other partie
= IN the case and the United States. which de
cree shall in all cases refer to the treaty
: confirmed or rejected; and in confirming
any such claim, in whole or in part, tn,
court shall in it's decree specify plainly tn,
location, boundaries and area of the Lane
the claim to which is so confirmed.
| SEC g. That any person or corporation
| claiming lands in any of the States or Ter
rltorles mentioned in this act under a it'll
derived from the Spanish or Mexican Gov
eminent that was complete and perfect a
the date when the United States acquired
sovereignty therein shall have the RICH
out shall not be bound to apply to sait
court In the manner in this court provided
for other cases for a confirmation of sucl
Ute; and on such application said cour
snail proceed to hear, try and determine
the validity OF the same and the right o.
the claimant thereto, its extent, Location
and boundaries, in the same manner an(
win the same power as in other cases il
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 shall be found tC
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
|
to any such claim or title, or adversely tC
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 release of all
claim of title by the United States; and nc
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 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-
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 If the title be
admitted, be settled and adjudicated and
! thereupon the court shall, on such notice to
suCh claimant or possessor, as it 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
of the rejection of claim in whole or in
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
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 the
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
shoud no Be TAKEN he
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 TO
notify the Attorney-General, In writing, OF |
such Judgment, giving him 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 |
the rendition OF such Judgment the right of |
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 |
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 |
General to instruct the attorney for the |
United States what further course to pursue
and whether or not an appeal shall be taken.
SEC. 10. That when any decision OF CON
drmation shall become final. the clerk OF the |
court in which the final decision shall be had,
of the General Land ONCE, with a copy Of |
the decree of confirmation, which shall |
plainly state the location, boundaries and |
area Of the tract confirmed. The said Com
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-
nsnfa 10 tae ~ and Of the NAT
thereof completed, the Surveyor-Genera
shall give notice that the same has been
done, by publication once week, for four
published at the capital of the Territory, or
State, and the other Of 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 for the
full period of ninety days from the date
Of the MIST 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
and forward 1t to the Commissioner of the
General Land Office. If, within the said
period of ninety days, objections are made to
such survey, either by any party claiming
party claiming an interest in the tract EN-
braced in the survey or any part thereof,
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, with such afidavits
or other proofs as he may produce in sup.
the said ninety. days, the Surveyor General
shall forward such survey, with the objec-
tons and proofs filed IN support OF, or in OPP
thereon, to the Commissioner of the Gen
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 final decision was made for its
examination of the survey and of any OBJ
lections and proofs that may have been cen
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-
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 blythe court, It
shall be returned to the Commissioner of
the General Land ONCE. who shall as soon
as may be cause patent to be issued thereon
to the confirmee. One-half of the necessary
expenses of making the survey and plat pro:
5op IN s m sa
shall be paid by the claimant or patentee
and shall be lien on said land, which may
be enforced by the sale of so much thereof
IS may be necessary for that purpose after
4 default of payment thereof for six months
next after the approval of such survey and
payment
SEC II. That the provisions of this act
shall extend to any city lot, town lot village
or lot of,,ro Lot ale v,aHl |