Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1891-09-10

Mexico at the City of Guadalupe llldalgo on
the second day of February, in the year OF
our Lord eighteen hundred and torty-elght
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 hity-three, ano
the laws and ordinances of the government
from which it is alleged to have been de
rived, and all other questions properly aflS
ing between the claimants or other partlcS
in the case and the United States. when ue
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 shall in its decree specify plainly the
location, boundaries and area OF the Ianc
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 al
sovereignty therein shall have the rlgnl
(but shall not be bound) to apply to suc
court in the manner in this court proV1dec
for other cases for a confirmation of sucL
title; and on such application said court
shall 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 ana
with the same power as IN other cases III
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 confirm alton of claims or titles IN TINS
section mentioned shall have any effect
,.,,- ~ T,,,- th,,- hntn
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 snail 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 a petition
against the holder or posscssOr 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 notlCe 10
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 ana 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.
MIA tbe marty 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 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 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, andmay 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 retrlal
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
Upon the rendition of any Judgment of the
court confirming any claim, 1t shall De 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 qccldeu ny
the court, which statement shall be Ver1ned
said court; and in any case in which such
statement shall not be received by the AT
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 II
the Acknowledgements shall SO direct, 1t snail
be the duty of the clerk of the court to
transmit the record OF any cause IN whlch
final Judgment has been rendered to the AT,
torney General for his examination. In all
cases it 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
frmation shall become final, the clerk of the
court in which the final decision shall be mad,
shall certify that fact to the Commissioner
of the General Land once, with a copy OF
the decree of confirmation, which shall
plainly state the location, boundaries and
areL of the tract confirmed. The said COM
missioner shall thereupon without delay
cause the tract so confirmed TO De surveyed
4
such survey shall have been made ana 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
weeks in two newspapers, one
published at the capital of the Territory, or
State, and the other df any such there be)
pu blished near the land so surveyed such
notices to be published in both the Spanish
and English languages; and the Surveyor
General shall retain such survey and plat
in his office for public inspection Tor the
hull period of ninety days from the date
ot the,frst publication of notice in the news
paper published at the capital OF the Terri
tory or State.
IT. 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
such survey, either by any party claiming
an interest in the continuation 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,
stating distinctly the interest of the OBJ
lector and the grounds of his objection, and
i ned by him or his attorney, and filed with
the Surveyor General, with such afhdavits
Or other proofs as he may produce IN sup
port of his objection. At the expiration of
the said ninety days, the SurveyorGeneral
tons and proofs filed in support of, or in OPP
position to, such objections, and his report
thereon, to the Commissioner of the Gen
er I'll 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
of the survey and of any OBJ
lect,Ions and proofs that may have been eea
said court shall thereupon determine if the
said survey is in, substantial accordance
with the decree of confirmation. II found
to be correct, the court shall direct its clerk
10 indorse upon the face of the plat its APP
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 a patent shall be ordered to be Issued,
sh III he maid by the claimant or patentee,