Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1891-08-06
AN ACT

L
and to provide for the settlement o
private land claims in certain States ant
Territories.
Be ii enacted By the Senate AMI Ho1lse Of Repre-
Sehtdttu6s Of the UhHea StdteS Of Amertca, IL
Congress assembled:
SECTION l. That there shall be, and HEREBY
is established a court to be called the Cour
OF Private Land Claims, to consist of chic
justice and four associate justices, who shall
be, when appointed, citizens and residents
or some OF the States of the United States
to be appointed by the President, by ant
with the advice and consent of the Senate
TO hold their offices for the term expiring or
the thirty-tirst day of December, anne
domin1 eighteen hundred and ninety-tve
any three of whom shall constitute q
| 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 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 affirmatiOns. 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 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
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 State 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 ses-
sions, 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
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 shall cause
notices thereof, and of the time and place of
the first session thereof, to be published for
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
Com missioner 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-
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
OF the United states, to safely transmit
suCn 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 papers.
SEC. 5. That the testimony which has
been heretofore lawfully and regularly re-
ceiyed by the Surveyor-General OF the
proper Territory or state or by the Com
OF the General Land Office, upon
any claims presented to them, respectively,
shall be admitted in evidence In all trials
under this act when the person testfy1ng Is
dead, so far as the subject matter thereof
Is competent evidence; and the court shall
give 1t such weight as, in its judgment I'M
der all the circumstances, 1t ought to have.
SEC. &. 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 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
a bn cd a n upiD
and confirm by virtue of the treaties of
cession of said country by Mexico to the
United States which at the date of 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 the 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 |
nature 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
oy the lease or permission of the petitioner,
md also the quantity of land claimed and
The boundaries thereof where situate, with
4 map showing the same as near as may be,
and whether the said claim has heretofore
)een confirmed, considered or acted upon
by Congress or the authorities of the United
states, or been heretofore submitted to any
constituted by law for the ad-
ustment of land titles within the limits of
he said territory so acquired, and by them
exported on untavorably 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
Ind required to take and exercise jurisdic-
ion of all cases or claims presented by pc
1tion 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 no answer or an
wers be Tiled, after due notice, or on the
petition and the answer or answers of any
,erson or persons interested in preventing
my claim from being established and the
answer of the attorney for the United
states, where he may have filed an answer,
md such testimony and proofs as may be
aken 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 1t shall be the
uty OF the attorney for the United States,
% aioo any duNGl pOo5CooOL VI Ildluldul, |
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
hereof, to enter an appearance, and plead,
nswer or demur to said petition; and In ,
efault of such plea answer or demurrer
eing made within said thirty days or
ithfn the further time which may have
cen granted as aforesaid, the court shall
roceed to hear the cause on the petition I
nc, proofs, and render final decree &C. {
ording to the provisions of this act, and in
o case shall decree be entered otherwise I
han upon full legal proof and hearing and
4 every case the court shall require the !
etition to be sustained by satisfactory {
roofs, whether an answer or plea shall 1
ave been filed or not.
SEC. z. That all proceedings subsequent /
, the filing of said petition shall be con-
ucted as near as may be according to the I
ractice of the courts of equity of the /
nited States except that the answer of the 8
ttorney of the United States shall not be /
equired to be verified by his OATH and ex- t
ept that, as far as practicable, testimony
hall be taken in the court or before one of a
lie justices thereof. The said court shall a
full nd col aa nd