Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1891-10-20

I tIp IIIGtH HUIIIII y
| the laws and ordinances of the government
from which it is alleged to have been de-
| rived, and all other questions properly arls-
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 shall in its decree specify plainly the
location, boundaries and area of the land
the claim to which is so confirmed.
| SEC. 8. That any person or corporation
claiming lands in any of the States or Ter
| r1tories 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
| (but shall not be bound) to apply to said
| court in the manner in this court provided
for other cases for CONTINUATION! OF such
| title; and on such application said court
| shall proceed to hear, try and determine
the validity of the same and the right OF
| the cl9 mant thereto its extent. location
and boundaries, in the same manner ana
| 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 he found to
| cover always excepting any part OF sucn
| 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 release OF all
| claim of title by the United States: and no
| private right OF any person as between MIN
| 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 1t, 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 nave
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 subject to all lawful
rights adverse to such claimant or possessor,
| as between such claimant and possessor and
any other claimant or possessor, and ubJect
| in this respect to all the provisions OF this
| section applicable thereto.
SEC. 9. 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 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 appea Is from decls.
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 testl-
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 retr1al
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
conclusive.
Upon the rendition of any judgment of the
court confirming any claim, It shall De tne
duty of the attorney of the United states 10
notify the Attorney-General, In writing, OF
such judgment, giving him a clear state
ment of the case and~th points decided by
the court which statement shall be verihed
by the certificate of the presiding judge OF
said court and in any case in which such
statement shall not be received by the Az
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 suen drsri Il mali
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
\ ,nf oil oh he al
SEC. 10. That when any decision OF CON
hrmation 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 a copy Of
the decree of confirmation, which shall
plainly state the location, boundaries and
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 or the re-
spective Territory or State, and the plat
thereof completed, the SurveyorGene
shall give notice that the same has been
done, by publication once week for four
consecutive weeks In two newspapers, one ,
published at the capital of the Territory. or
State. and the other. Of any such there be)
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 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
filed with him, he shall approve the same
and forward It to the Commissioner of the
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-
hracPd
such objection shall be reduced to writing,
stating distinctly the interest Of the OBJ.
signed by him Or his attorney, and filed with
the Surveyor General, with such affdavits
or other proofs as he may produce IN sup
port Of his objection. =, At the expiration Of
shall forward such survey, with the objec.
lions and proofs filed in support Of or in OPP
position to, such objections, and his report
thereon, to the commissioner OF the Gen
erAl Land once.
Immediately upon receipt of any such sur
vey, with or without objections thereto, the
said Commissioner shall transmit the same,
with ali accompanying papers to the court
in which the final decision was made for Its
examination of the survey and of any OBJ
and be- aed tse
said court shall thereupon determine If the
said survey is In. substantial accordance
with the decree of confirmation i 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 1t shall direct When any
survey is finally approved by the court, It |
shall be returned to the Commissioner of
the General Land ONCE, who shall as soon
as may be cause patent to be issued thereon
to the conlrmee One-half of the necessary
expenses of making the survey and plat pro.
yided 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 NAV 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
shall extend to any city lot, town lot, village
lot, farm lot, or pasture lot claimed directly
or Immediately under any ant which may
h. .ptitled n connrrn flor, nv the Tinted