Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1891-10-22


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 de-
cree shall in all cases refer to the treaty,
| law or ordinance under which such claim IS
confirmed or, rejected; and IN conhfmlhg
| any such claim, in whole or in part, the
| 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 corporation
| 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 perfect az
the date when the United States acquired
sovereignty therein shall have the right
| (but shall not be bound) to apply to sd1d
| court in the manner In this court proVlaeu
for other cases for confirmation OF such
title; and on such application SAID court
shall proceed to hear, try and determine
the validity of the same and the right OF
the clS mant thereto, its extent. location
| and boundaries. in the same manner ana
with the same power as in other cases In
| 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 SHAH be found TO
cover, always excepting any part OF suSn
land that shall have been disposed of by the
| United States, and always subject to ana
not to affect any conflicting private interests,
rights or claims held or claimed adversely
the holder of any such claim or title. Ana
no confirmation of claims or titles in this
section mentioned shall have. any erect
other or further than as release OF al
| claim of title by the United States; and no
private right OF any person as between MN,
self and other claimants or persons IN
| respect OF any such lands snail De III 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
$50 Lott 1,,t AL
| cause the attorney of the United States in
said court to file in said court a petition
against the holder or possessor of any clalm
or land in any of the States or Territories
mentioned in this act who shall not have
voluntarily come in under the provisions or
this act stating in substance that the title
| of such holder or possessor Is open TO ques-
tion 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, ana
praying that the title to any such lana, or
the boundaries thereof If the title be
admitted, be settled and adjudicated; ana
! thereupon the court shall, on such notlce 10
such claimant or posseSsor, as II shail 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 possessoI anu
any other claimant or possessor, and suoJec
| In this respect TO all the pIONlSlouS VI ILLS
section applicable thereto.
SEC. 8. That the party against whom the
court shall in any case declde-the United
States, in case of the confirmation OF claim,
in whole or in part, and the claimant, In case
of the rejection of a 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 ana upon
the same conditions, except in respect OF the
amount in controversy. as is now PROVIDED
by law for the taking of appeals from decls,
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 testl-
mony to be taken in addition to that given
| in the court below, and may amend the
record of the proceedings below as trutl
and justice may requires and on such retrlai
| and hearing every question snail be open;
and the decision of the Supreme Court
thereon shall be final and CONCLUSIVE.
Should no appeal be taken as atoresald, the
decree of the court below shall be final and
conclusive
Upon the rendition of any Judgment of the
court confirming any claim, 1t shall De Tue
duty of the attorney of the United states 70
notify the Acknowledgement, in writing, OF
such Judgment, giving him clear STATE t'
ment of the case and the points decldea oy
the court, which statement shall be verifed
| by the certificate of the presiding Judge OF
| said court; and in any case IN Whlcn sucn
statement shall not be received oy tn aft h
! the rendition OF such Judgment the rlghtol
appeal on the part OF the United states
shall continue to exist until six months nexs
| after the receipt of such statement. Ana II
| the Aforementioned shall so direct 1t shall
be the duty of the clerk of the court 70
( transmit the record of any cause IN whlcn
! final judgment has been rendered TO the AZ,
! torney-General for his examination In all
| cases 1t shall be the duty of the Attorney
General to instruct the attorney TOR 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
frmation shall become final, the CLERK OF the
court in which the final decision shall De mad,
shall certify that fact to the Commissioner
of the General Land Office, with a copy OF
the decree of confirmation, which shali
plainly state the location, boundaries and
areh Of the tract confirmed. The said Com
missioner shall thereupon without uelay
cause the tract so confirmed to be surveyed
at the cost of the United States. W men any
such survey shall have been maze anu re-
turned to the Surveyor.General OF the re.
spective Territory or State, and the plat
thereof completed, the Surveyor-Genera
shall give notice that the same mas peen
done, by publication once week, Tor TOUR
consecutive weeks in two Newspapers, one NJ.
published at the capital of the Territory or
State. and the other Of any such there oel
published near the Iaad SO shr thy ndsh
and English languages; and the surveyor.
General shall retain such survey ana pat
in his ONCE for public inspection Tor tne
full 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.
lection to such survey shall have been
fled with him, he shall approve the same
and forward 1t to the Commissioner OF the
General Land once. II, within the ga SAG "a
such survey. either by any party claiming
an interest in the confirmation or by any
party claiming an interest In the tract en-
such OBJECTION shall Be reduced to writing,
stating distinctly the interest OF the OBJ.
1ector and the grounds of his objection, ana
signed by him or his attorney, ana MEG VIII tta
or other proofs as he may produce IN sup.
port Of hfs objection. At the expiration OF
the said ninety days, the suryeyor.Ge1erai
lions and proofs filed in support of, or in OPP
position to, such objections, and his report
thereon, to the Commissioner OF the Gen.
eral Land ONCE.
Immediately upon receipt of any such sur
yey, with or without objections thereto, the
said Commissioner shall transmit the same,
with all accompanying papers to ne . court II I
examination of the survey and of any OBJ
jectIons and proofs that may nave been
fled, or shall be furnished; and the
said court shall thereupon determine II the
said survey is In substantial accordance
with the decree of confirmation. II found
to be correct, the court shall direct It's clerk
to indorse upon the face of the plat its APP
prevail II 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 by the 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 confrmee. One-half of the necessary
expenses of making the survey and plat pro.
vided for in this section and in respect OF
which patent shall be ordered to be issued,
sh ali 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
as NAV be necessary for that purpose, after
default of payment thereof for six months
next after the approval of such survey and
plat; and no patent shall issue until such
SEC IL. That the provisions of this act
shall extend to any city lot, town lot village
lot, farm lot, or pasture lot claimed directly
or Immediately under any grant which may
. be entitled to confirmation by the United
States, for the establishment of a city, town,
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