Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1891-10-23

| our Lord eighteen hundred and fOrty-eight
or the treaty concluded between the same
| powers at the City of Mexico on the th1r-
| teenth day of Decem Der in the year of our
Lord eighteen hundred and tiity-three, and
| the laws and ordinances of the government
| from which 1t is alleged to have been de-
rived, and all other questions properly aris-
| ing between the claimants or other parties
in the case and the United States. which de-
| cree shall in all cases refer to the treaty,
| law or ordinance under which SuCh claim IS
| confirmed or rejected; and in confirming
any such claim, in whole or in part, the
court shall in its decree specify plainly the
| location, boundaries and area of the land
| the claim to which is so confirmed.
| SEC. 8. That any person or corporation
claiming lands in any of the States or Ter
| rttories mentioned in this act under title
| derived from the Spanish or Mexican GOV
| eminent that was complete and perfect at
the date when the United States acquired
| sovereignty therein shall have the right
| (but shall not be bound) to apply to said
| court in the manner in this court provided
| for other cases for a confirmation OF such
title; and on such application said court
| shall proceed to hear, try and determine
| the validity of the same and the right of
| the cla mant thereto, its extent, location
and boundaries, in the same manner and
with the same power as in other cases in
this act mentioned.
perfect shall be established and confirmed,
such confirmation shall be for so much land
only as such perfect title SHAH be found 10
| II,
land that shall have been disposed of by the
| United States, and always subject to and
no. TO affect any conflicting private interests,
| rights or claims held or claimed adversely
to any such claim or title or adversely to
the holder of any such claim or title And
| no confirmation of claims or titles in this
| section mentioned shall have any erect
other or further than as release OF an
| claim of title by the United States; and no
private right OF any person as between him
self and other claimants or persons, In
| respect of any such lands shall De In any
manner affected thereby.
It shall be lawful for, and the duty of, the
| head of the Department of Justice, when
ever in his opinion the PUBLIC interest or the
rights of any claimant shall require 1t, TO
cause the attorney of the United States in
said court to file in said court a petition
against the holder or possessor of any claim
or land in any of the States or Territories
mentioned in this act who shall not nave
voluntarily come In under the provisions OF
| this act stating in substance that the title
of such holder or possessor Is open to ques-
| ton, or stating in substance that the pound
aries of any such land, the claimant or pos
SCISSOR to or of which has not brought the
| matter into court, are open to question, ana
| praying that the title to any such land, or
| the boundaries thereof II the ute De
| admitted, be settled and adjudicated; ana
thereupon the court shall, on such notice to
such claimant or possessor, as 1t shall deem
reasonable, proceed to hear, try and deter
mine the question stated in sucn petition OF
|
matter according to law, justice and the pro,
visions of this act, but subject to all lawful
rights adverse to such claimant or possessor,
as between such claimant and possessor ana
any other claimant or possessor, and SUBJECT
In this respect to all the provisions OF thls
section applicable thereto.
| SEC. g. That the party against wnom the
court shall in any case deCide-the United
States, in case of the confirmation of claim,
| in whole or in part and the claimant, In case
of the rejection of claim in whole or IN
part-shall have the right OF appeal TO tne
Supreme Court of the United states, such
appeal to be taken within six months from
the date of such decision and in all respects
to be taken in the same manner aug upon
the same conditions, except IN respect OF ln ne
amount in controversy, as is now PROVIDED
by law for the taking of appeals from decls,
ions of the Circuit Courts OF the United
States. On any such appeal the supreme
Court shall retry the cause, as well as the
issues of fact as of law, and may cause testi-
mony to be taken in addition to that given
in the court below and may amend tne
record of the proceedings below as truth
and Justice may require: and on such retr1al
and hearing every question shall be open;
and the decision of the Supreme Court
thereon shall be final and CONCLUSIVE.
Should no appeal be taken as aIofesald' tns
decree of the court below shall be hnal and
conclusive.
upop the rendition of any Judgment OF the
court confirming any claim, 1t SHAH oe the
duty of the attorney of the United states 10
notify the Acknowledgement, In writing, OF
such judgment, giving MN clear ded ,s,,
the court, which statement shall be verlhed
by the certificate of the presiding judge OF
said court; and in any case In whlch suCh
statement shall not be received py the .t Az.
torney-G eneral within sixty days next after
the rendition OF such judgment the right OF
appeal on the part of the United states
shall continue to exist until six months next
after the receipt of such statement. ana II
/ ha shall III
be the duty of the clerk OF the court 70
transmit the record of any cause IN wnlcn
final judgment has been rendered TO the Az ~
torney-Genera for his examination. In all
cases it shall be the duty OF the Attorney
General to instruct the attorney for the
United states what further course TO pursue
and whether or not an appeal shail De TAKEN
SEQ TO- That when any decision OF con-
frmation shall become final. the CLERK OF tne
court In which the final decision shall be mad
shall certify that fact to the commissioner
of the General Land ONCE, with copy OF
the decree of confirmation, which shall
plainly state the location, boundaries ana
are, of the tract confirmed. The said Com.
missioner shall thereupon wltnout oelay
cause the tract so confirmed to be surveyed
at the cost of the United States When any
such survey shall have been made and re-
turned to the Surveyor-General OF the re-
spective Territory or state, sno me nipr laiI
shall give notice that the same mas Deen
done, by publication once week, TOR four
consecutive weeks In two newspapers, one
published at the capital of the Territory or
State. and the other IF any such there be)
published near the land so surveyed, nucn
notices to be published In both the Spanish
and English languages; and the surveyor.
General shall retain such survey and plat
In his office for public inspection for the
full period of ninety days from the GATE
OF the first publication OF notice IN tine news
paper published at the capital OF the Terri
tory or State.
+ If at the expiration of such period, no OBJ
lection to such survey shall have been
hled with him, he shall approve the same
General Land once. If, within the said
period of ninety days, objections are made to
such survey, either by any party claiming
an interest in the confirmation or by any
party claiming an interest in the tract EN-
braced in the survey or any part thereof
such objection shall be reduced to writing,
stating distinctly the interest OF the op,
jector and the grounds OF ms oolsct11oa, anS
the Surveyor-General,w with such afhdaVlts
or other proofs as he may produce IN sup;
port of his objection. At the expiration OF
shall forward such survey, with the objec.
lions and proofs filed in support of, or IN op.
position to, such objections, and his report
thereon, to the Commissioner OF the Gen
erAl Land once.
Immediately upon receipt of any such sur.
vey, with or without objections thereto, the
said Commissioner shall transmit the same
with all accompanying papers 70 Tue Cout
examination of the survey and of any OBJ
iectIons and proofs that may have been
filed, or shall be Furnished; and the
said court shall thereupon determine II the
said survey Is in substantial accordance
with the decree of confirmation. If found
to be correct the coufsshall direct its clerk
to indorse upon the face of the plat its ap
prevail If found to be incorrect, the court
shall return the same for correction in such
particulars as it shall direct When any
survey is finally approved by the court, 4
shall be returned to the Commissioner OF
the General Land ONCE who shall as soon
as may be cause patent to betssued thereon
to the confrmee. One-half of the necessary
expenses of making the survey and plat pro
vided for in this section and in respect Of
which patent shall be ordered to be Issued
shall be paid by the claimant or patentee
and shall be lien on said land, which may
be enforced by the sale of 80 much thereof
as may be necessary for that purpose, after