Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1891-09-15

NOTICE Is hereby given that the Court o
~ Private Land Claims, established by tn
act of Congress approved March 3, 1891, en-
Q titled AN act to establish Court OF PrlVat
Land Claims, and to provide for the settle
ment of private land claims in certain state
and Territories" was duly organized at tn
City of Denver, in the State of Colorado, OF
the first day of July, 1891, by the appoint
ment of clerk and the other officers pro
Chief Justice and Associate Judges of saic
court, the first session thereof Will be helt
at Denver, Colorado, on Tuesday, the It'll
day OF November, 1891.
follows:
To establish Court of Private Land Claims
and to provide for the settlement o!
private land claims in certain States anc
Territories.
Be it enacted by the Senate and House Of Repre-
sentatioeS Of the United stat" Of America, IN
Congress assembled:
SECTION l. That there shall be, and hereby
; is established a court to be called the Court
OF Private Land Claims to consist OF ch1e1
justice and four associate justices, who shall
be, when appointed, citizens and residents
of some of the States of the United States
to be appointed by the President, by and
with the advice and consent OF the senate,
to hold their Offices for the term expiring on
the thrty-frst day of December, ammo
domini eighteen hundred and ninety-hve,
any three of whom shall constitute a
quorum. Said court shall have and exercise
jurisdiction in the hearing and decision OF
private land claims according to the pro
visions of this act. The said court shall ap-
point clerk who shall attend all the sessions
of the court, and deputy clerk, where
regular terms of the court are held. The
court shall also appoint stenographer who
shall attend all the sessions of the court and
perform the duties required OF him 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
the business of said court, and to issue com
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
lister oaths and afflrmations, 1t shall be the
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
attend the court in person or by deputy
when SO directed by the court The court
Territories mentioned in this act as shall be
needful for the purposes thereof, and shall
give notice of the times and places OF the
holding of such sessions, by, publication IN
one newspaper published at the capital OF
such State or Territory, once a week
for two successive weeks, the last OF
which publications shall be not less
|
times of the holding of such SEES
sions, but such sessions may be adjourned
from time to time without such publication;
SEC. 2. That there shall also be appointed
by the President, by and with the advice and
consent of the Senate, a competent attorney,
learned in the law, who shall when appointed
be resident and citizen OF some state OF
the United States, to represent the United
States in said court. And there shall be ap-
pointed by the said court, person who
shall be when appointed citizen and resi-
skilled in the Spanish and English Ian
guages, to act as Interpreter and translator
In said court, to attend all the sessions
thereof, and to perform such other services
As may be required of him by the court
SEC. 3. That Immediately upon the organi-
cation of said court the clerk shall cause
notices thereof, and of the time and place OF
the first session thereof, to be published tor
the City of Washington and IN one puDllshed
at the capital of the State OF Colorado and
of the Territories OF Arizona ana New
Mexico. Such notices shall be published in
both the Spanish and English languages,
and shall contain the substance of this act.
SEC. 4. That it shall be the duty OF the
Commissioner of the General Land once OF
the United States, the Suryeyors-Genera
of such Territories and States, oil, the
keeper of any public records who may have
possessions of any records and papers re.
!ating to any land grants or claims Tor
land within said States and Territories in
brought under this act. on the application
Of any person interested or by the attorney
such records and papers to said court or to
attend in person or by deputy any session
thereof when required by said court and
produce such records and papers
SEC. 8. That the testimony which has
been heretofore lawfully and regularly re-
ceived by the Surveyor-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 is
dead, so far as the subject matter thereof
Is competent evidence; and the court shall
give 1t such weight as, in its judgment, I'M
der all the circumstances, 1t ought to have.
SEC q. That it shall be lawful for any
person or persons or corporation or their
legal representatives, claiming lands within
the limits of the territory derived by the
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
cession of said country by Mexico to the
United States which at the date OF the
by act of Congress or otherwise, finally de-
cided upon by lawful authority, and which
are not already complete and perfect 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 and territories
In which the court does not hold regular
sessions may be instituted at such place as
may be designated by the rule 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
persons in possession of or claiming the
same, or any part thereof, otherwise than
by the lease or permission 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
States, or been heretofore submitted to any
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 untavorably 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
and required to take and exercise jurisdic-
ton of all cases or claims presented by pc.
tition In conformity with the provisions of
this act and to hear and determine the
same, as in this act provided, on the petit
t1ouS dhu ptools ~ edse Nc ano"EI VI dn
swers be hled after due notice, or on the
petition and the answer or answers of any
person or persons int rested in preventing
any claim from being established, 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 a
citation to any adverse possessor or claim
ant, shall Immediately after the filing of the
same be served on such possessor 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
tor the United States; and it shall be the
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