Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1891-09-09
NOTICE OF TIE 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 AN 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 first 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 held
at Denver, Colorado, on Tuesday, the 18th
day of November, 1891. -
The substance of said act of Congress is as
follows:
To establish a 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-
SentatiOeS of the United States 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 chief
Justice and four associate justices, who shall
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
lulTly-uTSl udy VI DCCSluDCl, dHllO
domini eighteen hundred and ninety five,
any three of whom shall constitute a
quorum. Said court shall have and exercise
Jurisdiction in the hearing and decision or
private land claims according to the pro-
VISIONS of this act. The said court shall APP
point a 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 a 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 atfirmations. 1t Ehall 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 R{ deputy
shall hold such sessions in the States and
Territories mentioned in this act as shall be
needful for the purposes thereof, and shall
give notice of the times and places OF the
both the English and Spanish languages, in
such State or Territory, once a week
for two successive weeks, tho last of Of
which publications shall be not Less ths
times of the holding Of such ses,
sions, but such sessions may be adjourned
from time to time without such publication.
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 IN
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 and Englsh IAN
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. fundamentally upon the organl-
notices thereof, and of the time and place of
the first session thereof, to be published for
a period of ninety days In one newspaper at
the City of Washington and IN one published
1t 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
SEC. 4. That 1t shall be the duty OF the
of the General Land once of
the United States, the Surveyors-General
Of such Territories and States, or the
keeper of any public records who may have
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
# stae 70 or saeH
Iuch records and papers to said court or to
attend in person or by deputy any session
thereof when required BY said court ana
produce such records and paperA
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 al trials
under this act when the person test1ty1ng Is
dead, so far as the subject mater laete a,
Is competent evidence; and the court shall
give 1t such weight as, in its Judgment, un-
der all the circumstances, 1t ought to have.
SEC. 6. That it shall be lawful Tor any
person or persons or corporation or their
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 or
CeSSlOu Oh bdlu QUILL Wy ulcAiSo W luS
United States which at the date of the
passage of this act have not been confirmed
by actsof Congress or otherwise, finally de-
cided upon by lawful authority, and which
every such case, to present a 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
sessions may be instituted at such place as
may be designated by the rules OF the court
Inc petition shall set forth 1ully the
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
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
on untavorably 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
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 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
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
for the United States; and it shall be the
duty OF the attorney for the United States,
Is also any, adverse possessor or claimant,
after service of petition and citation as
unless further time shall for good cause
shown, be granted by the court, or judge
thereof, to enter an appearance, and plead,
answer or demur to said petition; and in