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

To establish a Court of Private Land Claims
and to provide for the settlement o
private land claims in certain States ant
| Territories
Be ii enacted By the Senate an6 H0u8e Of Repre-
SeHt0ttceS Of tie UHHe0 IStateS Of ABlerica u
| Congress assembled:
SECTION !. That there shall be, and hereby
is established court to be called the Cour
OF Private Land Claims, to consist of a chic
| justice and four associate justices, who shall
be- when appointed, citizens and resident:
OF some OF the States of the United States
to be appointed by the President by anC
with the advice and consent of the Senate
TO hold their offices for the term expiring or
the thirty-lirst day of December, ammo
domini eighteen hundred and ninety-tiVe
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 a 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
| Tor 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 sevent cen of title thirteen OF the
| Revised Statutes of the United States. Each
| OF said justices shall have power to admin
lister OathS and attirmatiOns 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
shall hold such sessions in the States and
Territories mentioned in this act as shall be
neeUtul tor the purposes thereof and snail
give notice OF the times and places OF the
holding OF Sucn sessions by publication IN
both the English and Spanish languages, 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 Of y the e"' 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, 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
pointed by the said court, a person who
shall be when appointed a citizen and resi-
dent of some state of the United States,
skilled in the Spanish and English Ian
suages, 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-
Eation of said court the clerk shall 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 published
at the capital of the State OF Colorado and
of the Territories of Arizona and New
Mexico. Such notices shall be published in
both the Spanish and English languages,
and shall contain the substance of this act
d. That if shall be the lutV of the
Commissioner of the General Land Office of
the United States, the Surveyors-Genera
of such Territories and States. or the
keeper of any public records who may have
possessions of any records and papers re-
latng to any land grants or claims for
land within said States and Territories in
relation to which any petition shall be
brought under this act. on the application
of any person interested or by the attorney
Of tue United States, to safely transmit
sucn records and papers to SAID court or to
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 SuryeyOr-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 it such weight as, in its judgment, I'M
der all the circumstances, it ought to have.
SEC. 6. That it shall be lawful tor 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 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 petition in
writing to the said court in the State or
Territory where said land is situated and
where the 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 rules OF the court
the petition shall set forth fully the
nature of their claims to the lands, and
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
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
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
for confirmation, or authorized to be sur
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
tttton 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 Tiled, 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 |
St. IS, 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 |
for the United States; and it shall be the |
duty OF the attorney for the United States, |
as 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 appearance, and plead,
answer or demurr to said petition; and in
default of such plea, answer or demurrer
being made within said thirty days or
within the further time which may have
been granted as aforesaid, the court shall
proceed to hear the cause on the petition
and proofs and render a final decree &C.
cording to the provisions of this act, and in
40 case shall decree be entered otherwise
Than upon full legal proof and hearing; and
n every case the court shall require the
petition to be sustained by satisfactory
proofs, whether an answer or plea shall
lave been filed or not.
SEC T. That all proceedings subsequent
o the filing of said petition shall be con-
lucted as near as may be according to the
practice of the courts of equity of the
United States, except that the answer of the
attorney of the United States shall not be
.equired to be verified by his oath, and ex-
.ept that, as far as practicable, testimony
hall be taken in the court or before one of