Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1891-07-18

} right of appeal on the part OF the Unite
States shall continue to exist until 81
months next after the receipt OF sue
statement. And if the attorney gener'
shall 80 direct, it shall be the duty OF til
clerk of the court to transmit the recor
of any cause in which final judgment ha
been rendered to the attorney general &c
his examination. In all cases it shall b
the duty of the attorney general to il
struct the attorney for the United State
what further course to pursue and whett
er or not an appeal shall be taken.
Sec. 10. That whenever any decislo
of confirmation shall become final, tn
clerk of the court in which the final de
cision shall be had shall certify that fac
to the commissioner of the general Ian
office with copy of the decree OF con
tirmstion, which shall plainly state tn
location, boundaries, and area OF tn
tract confirmed. The said commissions
shall thereupon without delay cause tn
tract so confirmed to be surveyed at tn
cost of the United States. When an.
such survey shall have been made ant
returned to the surveyor general of the re
spective territory or state, and the pla
thereof completed, the surveyor genera
shall give notice that same has beef
done, by publication once week, 70
four consecutive weeks i'll two newspap
ers, one published at the capital of thu
territory or state and the other Cf an.
such there beg published near the lanC
80 surveyed, such notices to be published
in both the Spanish and English Ian
guages; and the surveyor general shal
retain such survey and plat in his Office
for public inspection for the full period o
ninety days from the da.e of the frs
publication of notice in the newspape
published at the capital of the territory o.
state.
If, at the expiration of such period, ne
objection to such survey shall have beer
filed with him, he shall approve the SAINT
and forward it to the commissioner of the
general land office. If, within the sale
period of ninety days, objections are
made to such survey, either by any party
claiming an interest in the confirmation
or by any party claiming an interest indht
tract embraced in the survey or any Other
part thereof, such objection shall be re-
duced to writing, stating distinctly the in.
bClCoV Vi VIC oDJSStOI anu SIOuuuS vi
his objection, and signed by him or his
attorney, and filed with the surveyor gen.
eral, with such afIidavits or other proofs
as he may produce in support of his OBJ.
lection. At the expiration Of the said
ninety days the surveyor general shall for.
ward such survey. with the objections and
proofs filed i'll support Of, or in opposition
to such objections, and his report there.
on, to the commissioner of the general
land Office.
Immediately upon receipt of 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 it's examination of the survey
and of any objections and proofs that may
have been filed, or shall be furnished :;
and the said court shall thereupon deter
mine if the said survey is in substantial
accordance with the decree of confrma-
ton. If found to be correct, the court
shall direct its clerk to indorse upon the
face Of the plat its approval. If found to
be incorrect, the court shall return the
same for correction in ouch particulars as
it shall direct. When any survey is fin
ally approved by the court, it shall be le-
turned to the commissioner of the general
land office, who shall as soon as may be
cause patent to be issued thereon to the
confirmee. One half of the necessary ex-
penses OF making the survey and plat
provided for in this section, and in re-
spect of which patent shall be ordered
to be issued, 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 as may be necessary
for that purpose, after default Of pay
ment thereof for six months next after
the approval of such survey and plat and
no patent shall issue until such payment.
Sec. IL. That the provisions OF act this
shall extend to any city lot, town lot, vii
lsge 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, or village, by the Spanish
or Mexican government, or the lawful
authorities thereof; but the claim for such
city, town, or village shall be presented
by the corporate authorities OF the said
city, town, or village; or where the land
upon which said city, town, or village is
situated was originally granted to an indl-
vidual the claim shall be presented by, or
in the name of the said individual or his
legal representatives.
Sec. II. That all claims mentioned in
section six Of this act which are by the
provisions of this act authorized to be
prosecuted shall, at the end of two years
from the taking effect of this act, if no
petition in respect to the same shall have
then been filed as hereintofore provided,
be deemed and taken, in all courts and
to be abandoned and shall be
forever barred: Provided, That IN any
case where it shall come to the knowledge
Of the court, that minors, married women,
or persons non compos mentis are inter-
ested in any land claim or matter brought
before the court it shall be its duty to ap-
point guardian ad Item for such per-
sons under disability and require petit
ton to be filed in their behalf, as in other
cases and if necessary, to appoint counsel
for the protection of their rights. The
judges, respectively, of said court are
hereby authorized in all cases arising
under this act to grant in vacation all
orders for taking testimony, and other
wise to hear and dispose of interlocutory
motions not affecting the substantial
merits OF case. And said court shall
have and possess all the powers OF Cir
cult court OF the United States in preserv-
ing order, compelling the production of
books, papers and documents, the attend
ance OF witnesses, and in furnishing con-
tempts.
Ssc. 10. That all the foregoing pro-
ceedings and rights shall be con-
Quoted and decided subject to the follow
ing provisions as we'll as to the other pro-
visions of this act, namely:
First No claim shall be allowed that
shall not appear to be upon title lawful
ly and regularly derived from the govern
ment of Spain or Mexico, or from any Of
the states of the Republic of Mexico hay
ing lawful authority to make grants Of
land, and one that if not then complete
and perfect at the date Of the acquisition
of the territory by the United States, the