Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1891-09-23

City of Denver, in the State of Colorado, OF
the first Day Of July 1891, by the appoint ,rt
vided for in said act. And by order of thu
Chief Justice and Associate Judges of sale
court, the first session thereof will be hell
at Denver, Colorado, on Tuesday, the l7tl
day of November, 1891.
The substance of said act of Congress is a
follows:
AN ACT
To establish a Court of Private Land Claims
and to provide for the settlement o.
: private land claims in certain States ant
Territories.
Be it enacted By the Senate and House Of Repre-
sentatiUeS Of the United States of AMERICA II
Congress assembled:
SECTION l. That there shall be, and hereby
Is established court to be called the Cour1
of Private Land Claims, to consist of CHIEF
justice and four associate justices, who shall
be- when appointed, citizens and residents
OF some of the States of the United States
with the advice and consent of the Senate
to hold their Offices for the term expiring on
the thirty-hrst day of December, ammo
domini eighteen hundred and ninety-hVe,
quorum. Said court shall have and exercise
jurisdiction in the hearing and decision OF
private land claims according to the pro
visions Of this act The said court shall ap,
point clerk who shall attend all the sessions
of the court, and deputy clerk, where
regular terms of the court are held The
court shall also appoint stenographer who
shall attend all the sessions of the court and
perform the duties required of him by the
court
The said court shall have the power to
adopt all necessary rules and regulations
for the transaction of its business and to
| carry out the provisions of this act; to issue
any process necessary to the transaction OF
the business of said court, and to issue COM
chapter seventeen Of title thirteen of the
Revised Statutes of the United States. Each
OF said justices shall have power to admin
lister oaths and atirmations. 1t shall be the
duty OF the United States marshal for any
district or Territory in which the court Is
held, to serve any. process of the said court
placed in his hands for this purpose and to
@ 1s eSps b1 Re eouf 9r X de equity
shall hold such sessions in the States and
Territories mentioned in this act as shall be
needful for the purposes thereof, and shall
give notice of the times and places of the
holding of such sessions by publication in
both the English and Spanish languages, in
one newspaper published at the capital Of
such State or Territory once tS. i,s week nf
which publications shall be not less
than thirty days next preceding the
times of the holding of such ses,
sions, but such sessions may be adjourned
from time to time without such publication;
SEC 2. That there shall also be appointed
by the President, by and with the advice and
| consent of the Senate, competent attorney,
T. W,
be resident ard citizen of some state OF
the United States to represent the United
States in said court, And there shall be ap-
pointed by the said court, person who
| shall be when appointed citizen and resi-
dent of some State of the United States,
skilled in the Spanish and English Ian
Euages, to act as Interpreter and translator
In said court, to attend all the sessions
thereof, and to perform such other services
rs may be required of him by the court
SEC. 3. That immediately upon the organi-
cation of said court the clerk shall cause
notices thereof, and of the time and place OF
the first session thereof, to be published for
period of ninety days in one newspaper at
the City of Washington and in one published
Rt the capital of the State Of Colorado and
Of the Territories of Arizona and New
Mexico. Such notices shall be published in
both the Spanish and English languages,
and shall contain the substance OF this act
SEC. 4. That 1t shall be the duty OF the
Commissioner Of the General Land once of
the United States, the Surveyors-Genera
Of such Territories and States. or the
keeper of any public records who may nave
lating to any land grants or claims for
land within said States and Territories in
relation to- which any petition shall be
brought under this act, on the application
Of the United States, to safely transmit
such records and papers to said court or to
attend In person or BY deputy any session
n raet sUa s sueh recSIds and pspcla
SEC. B. That the testimony which, has
been heretofore lawfully and regularly re,
ceived by the Surveyor-General OF the
proper Territory or State or by the Com
missioner of the General Land ONCE, upon
any claims presented to them, respectively,
shall he admitted in evidence in all trials
under this act when the person testifying is
dead, so far as the subject matter Thereon
Is competent evidence; and the court shall
give It such weight as, in ITS Judgment un-
Il all 4 ari,-- ufa n
SEC. 8. That 1t shall be lawful Tor any
person or persons or corporation or their
legal representatives, claiming lands WITHIN
the limits OF the territory derived ny the
United States from the Republic OF Mexico
and now embraced within the Territories OF
New Mexico, Arizona or Utah, or within
the States of Nevada, Colorado or Wyo-
ming, by virtue of any such Spanish or Mex
as the United States are bound to recognize
and confirm by virtue of the treaties of
cession OF said country by Mexico 70 the
passage of this act have not been confirmed
by act of Congress or otherwise, finally de.
cided upon by lawful authority, and which
are not already complete and perfect in
every such case, to present petition In
writing to the said court In the State or
Territory where said land is situated and
where tie said court holds its sessions, but
In which the court does not hold regular
sessions may be instituted at such place as
may be designated by the rules of the court.
The petition shall set forth fully the
nature of their claims to the lands, and
particularly state the date and form of the
grant, concession, warrant or order of sur
Vey under which they claim, by whom
made, the name or names of any person or
persons in possession of or claiming the
same, or any part thereof, otherwise than
by the lease or permission of the petitioner,
and also the quantity of land claimed and
the boundaries thereof, where situate, with
an oh wi n Or q n m n "
and whether the said claim has heretofore
been confirmed, considered or acted upon
by Congress or the authorities of the United
States or been heretofore submitted to any
authorities constituted by law for the ad-
justment of land titles within the limits of
the said territory so acquired and by them
reported on unfavorably or recommended
for confirmation, or authorized to be sur
yeyed or not; and pray in such petition
that the validity of such title or claim may
be inquired into and decided.
And the said court is hereby authorized
and required to take and exercise jurisdic-
ton of all cases or claims presented by Pc
tition in conformity with the provisions of
this act, and to hear and determine the
tons and proofs in case nc answer or an
swers be hled, after due notice, or on the
petition and the answer or answers OF any
person or persons Interested in preventing
answer of the attorney for the United
States, where he may have filed an answer,
and such testimony and proofs as may be
taken; and copy of such petition, with
citation to any adverse poGsessor or claim
ant, shall Immediately after the filing of the
same be served on such possessor or claim
ant in the ordinary legal manner of serving
such process in the proper State or Terri
for the United States; and it shall be the
duty of the attorney for the United States,
rs also any adverse possessor or claimant
hereinbefore provided, within thirty days,
unless further time shall for good cause
shown, be granted by the court, or judge
thereof, to enter an appearance, and plead,
default of such plea, answer or demurrer
being made within said thirty days or
within the further time which may have
been granted as aforesaid, the court shall
and nroofS. and reIlder a final decree &c.