Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1891-10-14
NOTICE OF THE ORGANIZATION
OF THE
Court Of Private Land Claims

court 0l PIlYdle LdllQ CldllllS
NOTICE is hereby given that the Court of
IN 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
the hrst day Of July. 1891, by the appoint
vided for in said act. And by order OF the
Chief Justice and Associate Judges of said
court, the first session thereof Will be heid
Denver q Colorado lsoS on Tuesday the l7tn
The substance of said act of Congress is as
follows:
AN ACT
To establish Court of Private Land Claims,
and to provide for the settlement OF
private land claims in certain States ana
TSrr1tories.
Be it enacted BY the Senate and House Of Repre-
ssntatives Of ths United States Of america IN
SEcTIoN i. That there shall be, and hereby
Is established court to be called the Cours
Of Private Land Claims, to consist OF chleI
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 , senat oT
the thirty-frst day of December, ammo
domint eighteen hundred and ninety.hve,
any three of whom SHAH 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
regular terms of the court are held. me
court shall also appoint stenographer VINO
shall attend all the sessions of the court ana
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 ana 10
carry out the provisions OF tnts ACT 70 dSso of
the business of said court, and to issue COIL
missions to take dispositions as PROVIDED IN
chapter seventeen of title thirteen OF tne
Revised Statutes of the United States. Each
OF said justices shall have power to admin
lister oaths and afirmations. 1t Ehall be the
duty of the United States marshal 1or 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 s SO Id directed by the court. The court
shall hold such sessions IN the states ana ha
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
both the English and Spanish languages IN
such State or Territory, once a week
which publications shall be not less
than thirty days o,d neSt ses
sions, but such sessions may be adjourned
from time to time without SUCH puDncatlon;
SEC. z. That there shall also be appointed
by the President, by and with the advice and
consent of the Senate, competent attorney,
learned in the law, who shall when appointed
be a resident and citizen OF some State OF
the United states, to represent tne Gnieeu
pointed by the said court, a person who
shall be when appointed citizen and resi-
dent of some State of the United states,
skilled In the Spanish ana Engasn l an
In said court, to attend all the sessions
thereof, and to perform such other services
Is may be required of him by the court
,a sE1 Of said eourt tSe sePH shall
notices thereof, and OF the time ana place OF
the first session thereof, to be published TOT
period of ninety days in one newspaper as
me city OF ~ aha o ~ and
of the Territories of Arizona and New
Mexico. Such notices shall be pu blished IN
both the Spanish and English languages
SEC. 4. That 1t shall be the duty OF the
Commissioner Of the General Land once OF
the United States, the Suryeyors'denera
of such Territories and States, or the
keeper Of any public records who may nave
possessions Of any records and papers re.
lating to any land grants or claims for
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
npsa Ii y SSHaza sus as
nroduce such records and paperk
SEC. 5. 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 testity1ng ls
dead, SO far as the subject matter thereon
Is competent evidences; and the court Snail
give It such weight as, in its Judgment IN
der all the circumstances, 1t ought to have.
SEC. g. That it shall be lawful tor any
person or persons or corporation or their
legal representatives, claiming lands Wltnln
the limits of the territory derived py tne
and now embraced within the Territories OF
New Mexico, Arizona or Utah, or wltnln
the States of Nevada, COLORADO or Wyo-
ming by virtue of any such Spanish or Mex
lean grant, concession, warrant or survey
rs the United States are bound to recognize
and confirm by virtue OF the treaties or
cession OF said country by Mexico 70 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 a petition in
writing to tho 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 ana territories
In which the court does not hold regular
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
tey 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
a 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
justment of land titles within the limits of
the said territory SO acquired, and by them
reported on unfavorabiy or recommended
for confirmation, or authorized to be sur
tn at 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
tons and proofs in case nc answer or an
swers be fled after due notice, or on the
petition and the answer or answers Of any
person or persons interested 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
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
&c. he I'D Cd Gfof he a