Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1891-10-28
NOTICE OF THE ORGANIZATION
OF THE
Court Of Private Land Claims

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NOTICE is hereby given that the Court of
~ Private Land Claims, established by the
act of Congress approved March 3, 1881, en-
titled IAN act to establish Court of Private
Land Claims, and to provide for the settle
ment of private land claims in certain States
and Territories" was duly organized at the
City of Denver, in the State of Colorado, on
ment of a clerk and the other officers pro
vided for in said act. And by order OF the
Chief Justice and Associate Judges of SAID
court, the first session thereof will be held
at Denver, Colorado, on Tuesday, the 17th
day of November, 1891.
The substance of said act of Congress is rs
follows:
To establish Court of Private Land Claims,
and to provide for the settlement OF
private land claims in certain states ana
Territories.
Be it enacted by ths Senate and House Of Repre-
sentdtiUes Of the United States Of America In
| Congress assembled:
SECTION /. That there shall be, and hereby
is established court to be called the Court
of Private Land Claims, to consist OF ch1ef
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 ofnces for the term expiring on
the thirty-first day OF December, ammo
any three of whom shall constitute
quorum. Said court shall have and exercise
jurisdiction in the hearing ana decision OF
private land claims according to the pro
visions of this act. The said court shall ap
point clerk VIII shall attend all the sessions
Of the court and deputy clerk, where
regular terms of the court are neid. Ihe
court shall also appoint stenographeI VINO
a n al he aPaatOna
perform the duties required OF MIN 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
missions to take dispositions as provided IN
chapter seventeen Of title thirteen OF the
Revised Statutes of the United States Each
OF said Justices shall have power to admin
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
when so directed by the court. The court
shall hold such sessions in the States and
Territories mentioned in this act as shall be
needfua TOR the purposes .nereT ana Of sf the
holding of such sessions, by publication IN
both the English and Spanish languages IN
one newspaper published at the capital OF
for two successive weeks, tho last, Of
which publications shall be not less
times of the holding of such ses,
from time to time without such. publication;
SEC. 2. That there shall also be appointed
by the President, by and with the advice ana
learned in the law, who shall when appointed
be a resident and citizen of some state OF
the United States, to represent the United
States in said court. And there shall be APP
shan be when appointed citizen and resi-
dent of some State of the United States,
skilled in the spanish and English Ian
guages, to act as Interpreter and translator
thereof, and to perform such other services
as may be required of him by the court.
SEC. 3. Thatimmediately upon the organl-
Eation Of said court the eierk snail ca eausf Sc
the ttrst session thereof, to be published Tor
a period of ninety days in one newspaper at
the City of Washington and In one published
of the Territories of Arizona and New
Mexico. Such notices shall be pu bltshed In
both the Spanish and English Ia !guages
and shall contain the substance OF this act.
SEQ. 4. That 1t shall be the duty OF the
Commissioner Of the General Land once OF
the United States, the Suryeyors-Gener
of such Territories and States or the
keeper Of any public records VINO may nave I'VE
lating to any land grants or claims Tor
land within said States and Territories IN
relation to which any petition shall be
Of any person interested or by the attorney
Of the United States, to safely transmit
such records and papers to said court or to
attend in person or BY deputy any session
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SEC. 3. That the testimony which has
been heretofore lawfully and regularly re-
ceived by the Survey or 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 be admitted in evidence in all trials
under this act when the person testitying ls
dead, so far as the subject matter thereon
Is competent evidence; and the court snail
give 1t such weight as, In It's Judgment, un-
der all the circumstances, 1t ouRnt to have.
SEC o. That it shall be lawful for any
person or persons or corporation or their
legal representatives, claiming lands within
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
lean grant concession, warrant or survey
as the United States are bound to recognize
and confirm by virtue OF the treaties OF
S Ct ssa ~ he date Of f the 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
cases arising in the states o ana So Tsrritores
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
same or any part thereof, otherwise than
by the lease or per emission of the petitioner,
and also the quantity Of land claimed and
the boundaries thereof, where situate, with
map showing the same as near as may be,
and whether the said claim has heretofore
been confirmed, considered or acted upon
by Congress or the authorities of the United
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
yeyed or not; and pray IN such petition
that the validity of such title or claim may
be inquired into and decided.
Ana the said court Is hereby authorized
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ton of all cases or claims presented by Pc
ution In conformity with the provisions of
this act, and to hear and determine the
same, as in this act provided, on the petit
lions and proofs in case no answer or an
swers be hled, after due notice, or on the
petition and the answer or answers of any
person OF persons interested in preventing
any claim from being este blished, and the
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 possessor or claim.
ant, shall Immediately after the filing of the
same be served on such posssssor or claim
ant In the ordinary legal manner of serving
such process in the proper State or Terri
tory, and in like manner on the attorney
for the United States; and it shall be the
duty OF the attorney for the United States,
rs also any adverse possessor or claimant,
after service of petition and citation as
hereinbefore provided, within thirty days,
unless further time shall for good cause
shown, be granted by the court, or judge
thereof, to enter an appear ance, and plead,