Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1891-08-28

powers at the City of Mexico on the this
teenth day of December in the year OF GU
Lord eighteen hundred and fitty-three, an
the laws and ordinances of the government
from which it As 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 ds.
cree shall in all cases refer to the treaty,
law or ordinance under which such claim is
confirmed or rejected; and in conhrmlng
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, .. That any person or co core d! Ion
r1torles 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 confirmation 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 claimant thereto, its extent, location
and boundaries, in the same manner and
with the same power as in other cases In
| this act mentioned.
If in any such case, a 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 sucn
land that shall have been disposed OF oy tns
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. Ana
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
| TtCbn1 ba1 lxU nj
| head of the Department of Justice, when
ever in his opinion the PUBLIC interest or the
rights of any claimant shall require It, 10
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
voluntarily come in under the provisions OF
this act, stating in substance that the title
of such holder or possessor Is open 70 cues
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 thereo1 1 II me 1e and u
! thereupon the court shall, on such notice to
such claimant or possessor, as 1t shall deem
reasonable proceed to hear, try ana ceter.
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 ject to all law1ul
| rights adverse TO SuCQ OI pOooSSoolt
as between such claimant and possessor ana
any other claimant or possessor, ana 81 oleGt
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 claim In whole or IN
part-shail 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 ana upon
the same conditions, except In respect OF me
amount in controversy. as Is now PROVIDED
by law for the taking of appeals from decls,
| ions of the Circuit Courts OF the United
States. On any such appeal the Supreme
| Court shall retry the cause, as Wen as inc
issues of fact as of law, and may cause testl-
mony to be taken in addition to that gwen
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
conclusive.
Upon the rendition of any judgment of the
court confirming any claim, 1t shall De tne
duty of the attorney OF the Tnl5ea Stdng Of
such judgment, giving him a clear stat i',,
ment of the case and the points decided oy
the court, which statement shall be verlhea
by the certificate of the presiding Judge OF
said court; and in any case In whiSR sucn
statement shall not be received blythe At
torney-General within sixty days next after
appeal on the part Of the United States
shall continue to exist until six months next
after the receipt of such statement ana II
the Attorney-General shall 80 direct, II snali
be the duty of the clerk of the court. to
transmit the record of any cause IN whlcn
final Judgment has been rendered TO the AZ,
torney-General for his examination. In all
General to instruct the attorney for the
United States what further course to pursue
and whether or not an appeal shall be taken.
SEC. TO- That when any decision OF con-
frmation shall become final, the clerk OF the
court In which the final decision shall De mad,
Shall certify that fact to the commissioner
of the General Land ONCE with copy OF
plainly state the location, boundaries ana
areI Of the tract confirmed. The said Com
missioner shall thereupon without Decay
cause the tract so CONFIRMED to De sprvey ea
such survey shall have been made and re-
turned to the Surveyor,General OF the re-.
spective Territory or State, ana the plat
thereof completed, the Surveyors
shall give notice that the same has been
done, by publication once week, Tor -FOUR
consecutive weeks in two newspapers, one
published at the capital OF the der ths yb OF
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
If at the expiration of such period, no Oh,
lection to such survey shall nave been
filed with him, he shall approve the same IN
and forward 1t to the Commissioner OF the
General Land ONCE. If, within the SAD
period of ninety days, objections are made to
such survey, either by any party claiming
party claiming an interest in the tract EN-
such objection shall be reduced to writing,
stating distinctly the interest OF the o. o.
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-Ge al
shall forward such survey, with the objec-
lions and proofs filed in support OF, or In OPP
position to, such objections and ms s., report
eral Land once.
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
}iied or ans shall ii Be furnished and the
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
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, II
shall be returned to the Commissioner OF
the General Land once. who shall as soon
, as NAV be cause patent to be issued thereon
to the conirmee. 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 ali be paid by the claimant or patentee,
and shall be lien on said land, which may
be enforced by the sale of 30 much thereof
as may be necessary for that purpose after
a default of payment thereof for six months