Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1891-07-27

= YEdI
Lord eighteen hundred and fifty three, and
the laws and ordinances of the government
from which it 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
: any such claim, in whole or in part the
court snail in its decree specify plainly the
location, boundaries and area of the land
the claim to which is SO confirmed
SEC y. That any person or corporation
, claiming lands in any of the States or Ter
l rftor1es mentioned in this act under 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
Out 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
snail proceed to hear, try and determine
the validity of the same and the right, of
the claimant thereto, its extent location
and boundaries, in the same manner and
with the same power as in other cases in
this act mentioned.
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 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 a 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 sub ect 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 a claim in whole or in
part-shall have the right of appeal to the
Supreme Court of the United States, such
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
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-
In the court below, and may amend the
record of the proceedings below as truth
and justice may require; and on such retrial
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 1t shall be the |
duty of the attorney of the United States to |
notify the Attorney General, in writing, of |
such judgment, giving him a 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 |
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 # |
the Attorney-Genera 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
firmation shall become final, the clerk of the |
court in which the final decision shall be had,
shall certify that fact to the Commissioner
of the General Land ONCE, with 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-
turned to the Surveyor.General of the re-
spective Territory or, state, and the plat
thereof completed, the Surveyor-General
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
|
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 first publication of notice in the news
paper published at the capital of the Terri
tory or State.
If, 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 ONCE. If, within the said
period of ninety days, objections are made to
an interest in the confirmation or by any
party claiming an interest in the tract EN-
braced In the survey or any part thereof
such objection shall be reduced to writing
jector and the grounds of his objection, and
signed by him or his attorney, and filed with
the Surveyor General, with such affidavits
port of hts objection. At the expiration Of
the said ninety. days, the Surveyor-General
shall forward such survey, with the objec-
position to, such objections, and his report
thereon, to the Commissioner of the Cen
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
jections and proofs that may have been
filed, or shall be Furnished and the
said court shall thereupon determine If the
said survey is in substantial accordance
with the decree of confirmation # 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 it shall direct. When any
survey is finally approved by the court, It
shall be returned to the Commissioner of
the General Land Office, 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 all 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 |
a default of payment thereof for six months
next after the approval of such survey and
plat; and no patent shall issue until such
payment