Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1891-09-03
AN ACT

The substance of said act of Congress is a
follows:
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 6ythe Senate and House Of Repre-
| SentatlGoS Of the Unued states Of A0terjcd u
| Congress assembled.
| SECTION1 I. That there shall be, and hereby
is established a 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 residents
! 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 OF
the thlrty-firSt day of December, ammo
domin1 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 d deputy clerk, where
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 seventeen of title thirteen OF the
Revised Statutes of the United States. Each
OF said justices shall have power to admin
lister oaths and aitirmations. 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 DV 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
needful for the purposes thereof, and shall
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 published at the capital OF
such Stale or Territory, once a week
for two successive weeks, the last, of
which publications shall be not less
than thirty days next preceding the
times OF the holding of such SEES
Bions, 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, a 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
States in said court. And there shall be ap-
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 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 organt-
cation OF said court the clerk snail cause
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
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.
SEC. !. That it shall be the duty of the
Commissioner OF the General Land ONCE OF
the United States, the Suryeyors-Genera
of such Territories and States, or the
keeper of any public records who may have
possessions of any records and papers re-
lating 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
pt 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 paperA
SEC. 5. THAT the testimony which ha.
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 testlfying is
lead, SO far as the subject matter thereof
IS competent evidence; and the court shall
give 1t such weight as, in its judgment, I'M
ler all the circumstances, it ought to have
SEC &. That it shall be lawful for any
person or persons or corporation or their
egal 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
Is the United states are bound to recognize
and confirm by virtue of the treaties of
,ession 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- I
sided upon by lawful authority, and which |
Ire not already complete and perfect in /
very 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 |
Eases arising in the states and Territories
II which the court does not hold regular /
SESSIONS may be instituted at such place as
nay 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 /
,rant, concession, warrant or order of sur
Iey under which they claim, by whom .
made, the name or names of any person or
PERSONS in possession of or claiming the .
anne, or any part thereof, otherwise than .
)y the lease or permission of the petitioner,
md also the quantity of land claimed and .
he boundaries thereof, where situate, with .
map showing the same as near as may be,
md whether the said claim has heretofore
,een confirmed, considered or acted upon
W Congress or the authorities of the United
states or been heretofore submitted to any
authorities constituted by law for the ad-
ustment of land titles within the limits of
he said territory so acquired and by them
eported on unfavorably or recommended
or confirmation, or authorized to be sur
eyed or not; and pray in such petition
hat the validity of such title or claim may
e inquired into and decided.
Ana the said court is hereby authorized
nd required to take and exercise jurisdic-
ion OF all cases or claims presented by pc
ition in conformity with the provisions of
his act, and to hear and determine the
anne, as in this act provided on the petit
ions and proofs in case nc answer or an
wers be hled, after due notice, or on the
et1t1on and the answer or answers of any
ny claim from being established, and the
nswer of the attorney for the United
tates, where he may have filed an answer,
nd such testimony and proofs as may be
AIKEN; and copy of such petition, with
itation to any adverse possessor or claim
mt, shall Immediately after the filing of the
anne be served on such possessor or claim
mt in the ordinary legal manner of serving
UGH process in the proper State or Terri
Dry, and in like manner on the attorney
or the United States; and it shall be the
uty OF the attorney for the United States,
s also any. adverse possessor or claimant,
fter service of petition and citation as
ereinbefore provided, within thirty days,
Mess further time shall for good cause
hown, be granted by the court, or a judge
nswer or demur to said petition and in ,
efault OF such plea, answer or demurrer
eing made within said thirty days or
thin the further time which may have
cen granted as aforesaid, the court shall
roceed to hear the cause on the petition
nd proofs, and render a final decree &C. ,
ording to the provisions of this act, and in
0 case shall decree be entered otherwise ,
Ian upon full legal proof and hearing and
every case the court shall require the ,
etition to be sustained by satisfactory 4
roofs whether an answer or plea shall
ave been filed or not.