Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1891-09-21
NOTICE OF THE ORGANIZATION
OF THE
Court Of Private Land Claims

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 ,,e
and Territories" was duly organized at the
City of Denver, in the State of Colorado, on
the first day of July, 1881, by the appoint
mel of a clerk and the other oft1cers pro
Chief Justice and Associate Judges of said
court the first session thereof will be held
at Denver, Colorado, on Tuesday, the 18th
day of November, 1891.
follows:
To establish Court of Private Land Claims,
and to provide for the settlement OF
private land claims in certain States and
Territories.
Be IL enacted by the Senate and House Of Repre-
sentatives Of ths United States Of AnaSrtca IN
Congress assembled:
is established a court to be called the Court
of Private Land Claims, to consist OF chlef
Justice and four associate justices, VINO shall
os when aPPontea zen INCA and Ststes
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
domini eighteen hundred and ninety-fve
any three of whom shall constitute
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. Inc
court shall also appoint stenographer who
shall attend all the sessions OF the court anu
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 aflrmations. 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, ana 10
when SO directed by the court. The court
shall hold such sessions in the States and
Territories mentioned In this act as shall be
give notice of the times and places of the
holding of such sessions, by publication IN
both the English and Spanish languages, IN
one newspaper pu blished at the capital OF
for two successive weeks, the last, of
which publications shall be not less
than thirty days next preceding the
times OF the holding OF su 9ia sesI
from time to time without such publication;
SEC q 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 resident aid citizen of some state OF
the United States to represent the United
States in said court. And there shall be APP
I'd S hs saa a1uf czpen and res
dent of some State of the United States,
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 organ1-
cation Of said court the clerk shali cause
notices thereof, and of the time and place OF
the first session thereof, to be published for
period of ninety days in one newspaper at
the City of Washington and in one publ1shed
It the capital Of the state Of COLORADO d N ana
Mexico. Such notices shall be published in
both the Spanish and English languages,
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-deneral
of sucn Territories and States. or the
keeper of any public records who may nave
possessions OF any records and papers re.
land within said States and territories IN
relation to. which any petition shall be
brought under this act, on the application
81 the United States, to safely transmit
such records and papers to said court or to
attend in person or by deputy any session
thereof when required BY said court, ans
produce such records and papers
SEC. 3. That the testimony which has
been heretofore lawfully and regularly re-
ceived by the surveyor,GeneI f &C, OF cine tne
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 testlty1ng ls
dead, so far as the subject matter thereof
Is competent evidence; and the court snail
give 1t such weight as, in its Judgment, un-
der all the circumstances, 1t ought to have.
SEC &. 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 ot~meXlco
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
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 the said court IN the State or
where tie said court holds its sessions, but
cases arising in the States and Territories
in which the court does not hold regular
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
Sey 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
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
reported on unfavorably or recommended
for confirmation, or authorized to be sur
yeyed or not; and pray in such petition
tn at the validity of such title or claim may
be inquired into and decided.
And the said court Is hereby authorized
and required to take and exercise jurisdic-
ton of all cases or claims presented by pc
tttion in conformity with the provisions of
same, as in this act provided, on the petit
lions and proofs in case nc answer or an
swers be filed, 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 a
citation to any adverse poSsessor or claim
ant, shall Immediately after the filing of the
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 1t 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
provided, within thirty days,
ahnWn be GRANTED by the court, or a iudpe