Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1891-08-07

stipulations of the treaty concluded be
tween the United States and the Republic of
| Mexico at the City of Guadalupe Hidalgo on
the second day of February, in the year of
| our Lord eighteen hundred and fOrty-eight,
or the treaty concluded between the same
powers at the City of Mexico. on the thir-
teenth day of December in the year of our
Lord eighteen hundred and hfty-three, and
| the laws and ordinances of the government
from which 1t is alleged to have been de-
rived, and all other questions properly arts
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 confirming
court shall in its decree specify plainly the
| location, boundaries and area of the land
the claim to which is so confirmed.
SEC, .. That any person or corporation
claiming lands in any of the States or Ter
! r1tor1es 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
tor other, cases for a 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, It's 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, 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 shalt 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 1t, 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
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, and
praying that the title to any such land, or
the boundaries thereof If the title be
admitted, be settled and adjudicated; and
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 |
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
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
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 Judgment of the
court confirming any claim, it shall be the
duty of the attorney of the United States to
notify the Attorney-General, in writing, of
peh g nd En- him clear sa 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
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 If
the Attorney-General shall 80 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
for his examination. In all
cases 1t shall be the duty of the Attorney
General to instruct the attorney for the
and whether or not an appeal shall be taken.
SEC 10. That when any decision of con-
irmation shall become final the clerk of the
court In which the final decision shall be had,
If the General Land ONCE with copy of
he decree of confirmation, which shall
plainly state the location, boundaries and
lrea of the tract confirmed The said Com
missioner shall thereupon without delay
;ause the tract so confirmed to be surveyed
1t the cost of the United States. When any
such survey shall have been made. and re-
urned to the SurveyorGeneral of the re.
pective Territory or State, and the plat
hereof completed, the Surveyor-General !
hall give notice that the same has been !
lone, by publication once week, for four
consecutive. weeks in two newspapers, one
published at the capital of the Territory or |.
state. and the other Of any such there be) !
published near the land so surveyed such I
lotices to be published in both the Spanish =
nd English languages; and the Surveyor. I
General shall retain such survey and plat 5
n his ONCE for public inspection for the 5
ull period of ninety days from the date 7
he H-cf r n n In a NJ
aper published at the capital of the Terri :
DRY or State.
If, at the expiration of such period no OBJ h
ection to such survey shalt have been
led with him, he shall approve the same 7
nd forward 1t to the Commissioner of the {
ieneral Land ONCE. If, within the said =
eriod of ninety days, objections are made to $
n interest in the confirmation or by any $
arty claiming an interest in the tract EN- c
raced In the survey or any part thereof, >
tating distinctly the interest of the OF: +
ector and the grounds of his objection, and 1
,gned by him or his attorney, and filed with e
he Surveyor General, with such affidavits =
ort of HIS objection. At the expiration Of p
he said ninety. days, the Surveyor-General a
hall forward such survey, with the objec- I
Ions and proofs filed in support of, or in OPP I
osition to, such objections, and his report v
hereon, to the Commissioner of the Gen. t
raj Land ONCE.
Immediately upon receipt OF any such sur y
ey, with or without objections thereto, the n
aid Commissioner shall transmit the same, c
18th all accompanying papers to the court v
which the final decision was made for Its Ii
of the survey and of any OBJ C
actions and proofs that may have been Q
led, or shall be furnished and the h
aid court shall thereupon determine If the p
aid survey is in substantial accordance n
} be correct, the court shall direct its clerk s.
} indorse, upon the face of the plat its ap o
roval If found to be incorrect, the court Il
hall return the same for correction in such a
as it shall direct. When any L
lryey is finally approved by the court, It P
lall be returned to the Commissioner of t
lie General Land ONCE who shall as soon II
3 may be cause patent to be issued thereon n
, the confirmee. One-half of the necessary a
expenses of making the survey and plat pro. .,
Ided for in this section and in respect of u
hich patent shall be ordered to be Issued, h
lall be paid by the claimant or patentee, 81
nd shall be lien on said land, which may
e. + IL | n