Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1891-10-30
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, 1891, en-
titled AN actto 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 Color ado. on
the first day Of July 1ssd by ths appoint nrd
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
day of November, 1891.
The substance of said act of Congress is as
follows:
To establish Court of Private Land Claims,
and to provide for the settlement of
private land claims in certain States and
Territories.
Be It enacted by the Senate and House Of Repre,
.sntatiues o. ths United stste' Of America 4"
Congress dssen6led:
SEcTIoN l. That there shall be, and hereby
is established a 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,
to be appointed by the President, py ana
with the advice and consent OF the Senate,
to hold their ofrices for the term expiring on
domini eighteen hundred and ninety-five,
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. The
court shall also appoint stenogr apher VINO
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 ana 10
carry out the provisions OF this act: TO Issue
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
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 Tor this purpose, ana 10
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
nsedn tor the ahd of the
holding of such sessions, by publication IN
both the English and Spanish languages IN
one newspaper published at the capital OF
s of ts sats or ee
which publications shall be not less
than thirty days next preceding the
times of the holding OF such ses,
s1ons, 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,
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
pointed by the said court, person who
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
as may be required of him by the court
SEC. 3. That Immediately upon the organl
cation of said court the clerk shall cause
notices thereof, and of the time and place OF
a period of ninety days in one newspaper at
the City of Washington and In one published
At the capital OF the State OF COLORADO ana
of the Territories of Arizona and New
both the Spanish and English languages,
and shall contain the substance of this act.
SEC. 4. That 1t shall be the duty OF the
Of the General Land once OF
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 Tor
land within said States and Terr1tor1eS IN
relation to which any petition shall be
brought under this act on the application
of any person interested or by the attorney
Of the United States, to safely transmit
attend in person or by deputy any session
thereof when REQUIRED ~ SAID court ans
produce such records and DaparA
spc rb,t IN. Testimony which ma
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 tnereoI
Is competent evidence; and the court shall
give 1t such weight as, in its judgment, I'M
der all the circumstances, 1t ouRnt TO nave.
SEC. 9. 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 embra raced 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
eession OF said country by Mexico to the
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 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
of their claims to the lands, and
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
authorities constituted by law for the ad.
the said territory SO acquired, and by them
on unfavorably or recommended
for confirmation, or authorized to be sur
veyed or not; and pray In such petition
that 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.
tition 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 nc answer or an
swers be filed, after due notice, or ON the
petition and the answer or answers of any
person OF 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
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
for the United States; and 1t 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
provided, within thirty days,
unless further time shall for good cause
shown, be granted by the court, or a Judge