Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1891-10-26

teenth day OF DeCem Der IN the year Oh Jul
Lord eighteen hundred and hity-tnree, ana
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 dc
cree shall in all cases refer to the treaty,
law or ordinance under which such claim is
confirmed or rejected; and in confirming
court shall in its decree specify plainly the
location, boundaries and area OF the lana
the claim to which Is so confirmed.
SEC. 8. That any person or corpora11io '
claiming lands in any of the States or Ter
ritories mentioned in this act under title
derived from the Spanish or Mexican GOV.
eminent that was complete and pertect az
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 a confirmation of such
title; and on such application SAID court
shall proceed to hear, try ana determine
the validity of the same and the right OF
the CT; nant thereto, its extent. location
and boundaries, in the same manner and
with the same power as IN otner Cases III
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 muCn lana
only as such perfect title shall be found 10
cover, always excepting any part OF sucn
land that shall have been disposed OF by the
United States, and always subject to ana
not to affect any conflicting pr1vate 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 Inns
section mentioned shah have any eHect
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 snail require IT, 70
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 VINO snail not nave
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 OF pos.
SCISSOR to or of which has not brought the
matter into court, are open to question, ana
praying that the title to any such land or
the boundaries thereof If the title be
thereupon the court shall, on such notice to
such claimant or possessor, as 1t snail Deem
reasonable proceed to hear, try ana ceter-
mine the question stated In suCn peliLlon OF
matter according to law, justice and the pro,
visions of this act, but subject TO all laWIui
rights adverse to such claimant or possessor
as between such claimant and possessor ana
any other claimant or possesSOr, ana SupleCt
in this respect to all the provisions OF this
SEC 8. That the party against whom the
court shall in any case declde-tne Unlteo
States in case of the confirmation OF a 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 appear TO tns
Supreme Court of the United States sucn
@,1ya p,x-ifh eli mnntnQ from
the date of such decision, and in all respects
to be taken in the same manner ana upon
the same conditions. except In respect OF Ihe
amount in controversy, as Is now proylded
ions of the Circuit Courts OF the United
States On any such appeal the supreme
Court shall retry the cause, as well as lne
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 tne
| record of the proceedings below as truth
and Justice may require; and on sucn retrlal
and hearing every question shal DC open open;
thereon shall be final and conciuslve
Should no appeal be taken as aforesaid, the
decree of the court below shall be hnal ano
conclusive.
Upon the rendition of any Judgment OF the
court confirming any claim, II shall DC INC
duty of the attorney OF the pnitea Staues ~ "
such Judgment, giving him clear state &c.
ment of the case and the points decided by
the court, which statement shall be verlnea
by the certificate of the presiding judge OF
said court; and in any case in which such
statement shall not be received py tue AZ.
torney-General within sixty days next aiteI
the rendition OF such Judgment the right OF
shall continue to exist until six months next
after the receipt of such statement Ana II
the Attorney-General shall 30 direct, II shall
be the duty of the clerk OF the court tS
: az 1Nf =
/ final Judgment has been rendered to the AT
torney-General for his examination In al
cases 1t shall be the duty OF the Attorney
General to instruct the attorney tor tnt
| United States what further course to pursue
! and whether or not an appeal shall be taken
SEC TO- That when any decision OF con
armation shall become final. the CLERK OF ths
court In which the final decision snali oe ndu
of the General Land ONCE, with a copy o.
/ the decree of confirmation, which shal
| plainly state the location, boundaries ane
are, of the tract confirmed. me 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
turned to the Surveyor,Genera OK th une n 8,
thereof completed, the Surveyor-GeneIa
shall give notice that the same mas peel
done BY publication once week, Tor foul
consecutive weeks In two newspapers, on.
published at the capital of the Territory, OF
State and the other Of any such there be
published near the land SO surveyed, huCi
notices to be published in both the Spanlsl
and English languages; and the surveyor
General shall retain such survey and pla
In his ONCE for public inspection for tn
FULL period of ninety days from the DAT
OF the first publication OF notice IN the news
paper published at the capital of the Terri
if at the expiration Of such period, no OBJ
lection to such survey shall have beer
hled with him, he shall approve the sam,
and forward 1t to the Commissioner OF tn
General Land once. If, within the sale
period of ninety days, objections are made t.
such survey. either by any party claimln!
an interest in the confirmation or by an.
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 OF
jector and the grounds OF his ob1scuon, an,
signed by him or his attorney, and filed Wit
the Surveyor-General, with such affidav1t
or other proofs as he may produce IN SUI
port of HIS objection. At the expiration
the SAID ninety days the SuryeSyo r. nh;
lions and proofs filed In support OF, or In OF
position to, such objections, and his repor
thereon, to the Commissioner OF the Ger
erAl Land once.
Immediately upon receipt of any such sui
vey, with or without objections thereto, tn
said Commissioner shall transmit the SAME
with all accompanying papers to the couI
In which Ile MAJ uCClSlou 40 ioh ~
examination of the survey and of any oil
iecuons and proofs that may have bee
filed, or shall be furnished; and tn
said court shall thereupon determine If tn
said survey is in substantial accordanc
with the decree of confirmation. II foun
to be correct, the court shall direct Its cler
to indorse upon the face of the plat its al
prevail If found to be incorrect, the cour
shall return the same for correction in sue
particulars as 1t shall direct. When an
, survey is finally approved by the court,
shall be returned to the Commissioner {
the General Land ONCE. who shall as 500
as may be cause patent to be issued thereo
to the confrmee. One-half of the necessar
expenses of making the survey and plat pr
!, yided for in this section and in respect {
which patent shall be ordered to be lssuet
and shall be lien on said land, which ma
be enforced by the sale of so much theret
, as NAV be necessary for that purpose afte
a default of payment thereof for six month
, next after the approval of such survey an
J plat; and no patent shall issue until sue
, SEC IL. That the provisions Of this al
shall extend to any city lot, town lot, vtllae
r lot, farm lot, or pasture lot claimed direct
{ or Immediately under any grant which ma
- nrti+I>d tn confirm ttOn nv the TTnitf