Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1891-09-11

the laws and ordinances of the government
from which it is alleged to have been dt
rived and all other questions properly arlS
ing between the claimants or other nartle
in the case and the United States. which ne
cree shall in all cases refer to the treaty
law or ordinance under which such Grain l
confirmed or rejected; and in COnrmln
any such claim. in whole or in part, tn
court shall in its decree specify plainly tn
location, boundaries and area of the lant
the claim to which is so confirmed
SEC g. That any person or corporation
claiming lands in any of the States or Ter
rttorieS mentioned in this act under a it'll
derived from the Spanish or Mexican GOV
eminent that was complete and perfect Il
the date when the United States acquired
sovereignty therein shall have the RICH
(but shall not be bOunD to apply to SAT-
court in the manner in this court PROVIDE
for other cases for confirmation OF suCl
title; and on such application said cour
shall proceed to hear, try ana determine
the va&dity of the same and the right o
the cla mant thereto, its extent, Location
and boundaries, in the same manner ant
with the same power as in other cases il
this act mentioned,
If in any such case, a title so claimed to b.
perfect shall be established and confirmed
such confirmation shall be for so much lane
only as such perfect title shall be found t
cover, always excepting any part of Sucl
land that shall have been disposed of by thu
United States, and always subject to ant
not to affect any conflicting private interests
rights or claims held or claimed adversely
to any such claim or title, or adversely t.
the holder of any such claim or title, Ant
no confirmation of claims or titles in this
section mentioned shall have any effeC
other or further than as a release OF al
claim OF title by the United states; ana nc
private right of any person as between him
self and other claimants or persons, il
respect of any such lands shall be in any
manner affected thereby.
1t shall be lawful tor, and the duty OF, the
ha1 Of hn On1 m Mt of I'm N-h nn
ever in his opinion the public interest or the
rights of any claimant shall require 1t, tt
cause the attorney OF the United states II
SAID court to Tile IN SAD court petlllol
against the holder or possessor OF any clam
or land in any of the States or Territories
mentioned In TINS act VINO snail not nave
voluntarily come in under the provisions OF
this act stating in substance that the tltle
OF such holder or pOSSessor IS open 10 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: allu
praying that the tltle TO any such ianu' OF
the boundaries thereof II the title be
admitted, be settled and adjudicated; and
thefeupon the court snail on suCn il0 no, ID
such claimant or poSscsSor, as II sDall aeenl
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
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
~ no, rtN he
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
e,
Upon the rendition of any Judgment OF the
court confirming any claim, it shall be the
duty of the attorney of the United states 70
notify the Attorney-General, In writing, OF
such judgment, giving him 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 py tue Az
torney-General within sixty DAYS next atte 81
the rendition OF such Judgment the right OF
appeal on the part or the united states
shall continue to exist until six months next
after the receipt of such statement. ana II
the Attorney-Genera shail SO direct, IL shal n
transmit the record OF any cause IN ". Whlcn
final judgment has been rendered 10 the Al At
for his examination, In all
cases 1t shall be the duty OF the Attorhey,
General to instruct the attorney l0T rs sne
and whether or not an appeal shall De TAKEN
SEC 10. That when any decision OF CON
shall become lndl, tne Gler % tli 1
court in which the final decision shali De had.
shall certify that fact to the Commissioner
of the General Land Office, with copy OF
the decree of confirmation, which snail
plainly state the location poundaries anu
areL of the tract confirmed. me salo 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 ana re
turned to the Surveyor.General OF the re-
spect1ve TERRITORY OF Stdte, anu Tue pldI
thereof completed, the ,Surveyor-Gene
shall give notice that the same mas peen
done by publication once week, Tor -FOUR
weeks in two newspapers, one
published at the capital of the territory or
State and the other Ut any such there Dcl
published 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 tne
full period of ninety days from the GATE
of the first publication OF notice IN the news
paper published at the capital OF the Ierrl-
tory or State.
If, at the expiration OF such per1od, no oD-
lection to such survey shall have been
filed with him, he shall approve the same
and forward it 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 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,
stating distinctly the interest OF the OBJ.
iector and the grounds of his objection, and
signed by him or his attorney, and filed with
the Surveyor General, with such aff1davits
or other proofs as he may produce In sup.
port Of his objection. At the expiration OF
the said ninety days, the Surveyor-General
shall forward such survey, with the objec-
lions and proofs filed in support of, or in OPP
position to, such objections, ana his report
thereon, to the Commissioner of the Gen
erll Land Office.
Immediately upon receipt of any such sur.
yey, with or without objections thereto, the
said Commissioner shall transmit the same,