Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1891-08-12

ieenth day of December in the year of our
| Lord eighteen hundred and tifty-three, and
! the laws and ordinances of the government
| from which it is alleged to have been de-
| rived, and all other questions properly arls
! 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. s. That any person or corporation
| ritOries 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 Cl9 mant thereto, its extent, location
! and boundaries, in the same manner and
| with the same power as In other cases in
| this act mentioned.
If in any such case, title so claimed to be
| perfect shall be established and confirmed,
such confirmation shall be for SO much land
| only as such perfect title shall be found to
| cover, always excepting any part of such
land that shall have been disposed of by the
United States, and always subject to and
|
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 TINS
section mentioned shall have any effect
! other or further than as a release OF all
claim of title by the United States; and no
| private right OF any personals between him
self and other claimants or persons IN
| respect of any such lands shall be In any
| manner affected thereby.
1t shall be lawful for, and the duty Of the
head of the department OF Justice, when
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
| or land in any of the States or Territories
mentioned in this act who shall not have
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 bound
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, and
praying that the title to any such land, or
| the boundaries thereof If the title be
| admitted be settled and adjudicated; and
! 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 such petition or
arising in the matter and determine the
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 and
any other claimant or possessor, and subject
! in this respect to all the provisions OF this
section applicable thereto.
| SEC. 8. That the party against whom the
| court shall in any case deClde-the Unlted
! States in case of the confirmation or 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 the
| Supreme Court of the United States, such
| appeal to be taken within six months from
| he a re- M decision
| to be taken in the same manner and upon
the same conditions, except In respect OF the
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
mony to be taken in addition to that given
in the court below, and may amend the
record of the proceedings below as truth
and justice may require; and on such retrial
and the decision of the Supreme Court
thereon shall be final and conclusive.
Should no appeal be taken as aforesaid, the
decree of the court below shall be final and
| conclusive.
Upon the rendition of any judgment of the
court confirming any claim It shall De th ne
notify the Attorney General, in writing, OF
such Judgment, giving him clear state
ment of the case and the points decided by
l,
by the certificate of the presiding Judge OF
said court; and in any case in which such
statement shall not be received by the At
| torney-General 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
the Attorney-General shall so direct, 1t shall
| be the duty of the clerk of the court to
| transmit the record of any cause in which
final judgment has been rendered to the At t;
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 shall be taken.
SEC. 10. That when any decision or CON
frmation shall become final, the clerk OF the
! court in which the final decision shall be had,
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 and
area of the tract confirmed The said Com
missioner shall thereupon without delay
cause the tract so confirmed to be surveyed
at the cost of the United States. When any
such survey shall have been made ana re-
turned to the Surveyor-General OF the re.
spective Territory or. State, and the plat
thereof completed, the Surveyor.General
shall give notice that the same has been
done, by publication once week, for four
consecutive weeks in two newspapers one
published at the capital of the territory or
published near the land so surveyed, such
notices to be published in both the Spanish
and English languages; and the surveyor
In his ONCE for public inspection for the
full period of ninety days from the date
of the first publication of notice In the news
paper published at the capital of the Terri
| tory or State.
IT, at the expiration of such period, no OBJ
| lection to such survey shall have been
filed with him. he SHAH approve the same
and forward it to the Commissioner OF the
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 OBJ:
signed by him or his attorney, and filed with
the Surveyor-General, with such afldavtts
or other proofs as he may produce IN sup:
port of his objection. At the expiration Of
the said ninety days, the Surveyor-General
shall forward such survey, with the objec-
lions and proofs filed in support of, or in OPP
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 to the court
in which the final decision was Wade for its
examination of the survey and of any OBJ
jections and proofs that may have been
said court shall thereupon determine If the
said survey is in substantial accordance
with the decree of confirmation. If found
to be correct, the court shall 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 It
shall be returned to the Commissioner of
the General Land ONCE. who shall as soon
as may be cause patent to be issued thereon
to the confirmee. One-haf of the necessary
expenses of making the survey and plat pro.
vided for in this section and in respect of
shall be paid by the claimant or patentee,
and shall be lien on said land, which may
be enforced by the sale of so much thereof
as may be necessary for that purpose, after
a default Of payment thereof for six months
next after the approval of such survey and
plat; and no patent shall issue until such
| Dayment.