Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1891-10-29
NOTICE OF THE ORGANIZATION
OF THE
Court Of Private Land Claims

Court Of Private Land Claims
NOTICE is hereby given that the Court OF
act of Congress approved March 3, 1891, en-
titled AN act to establish Court OF Private
Land Claims, and to provide for the settle.
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
ment of clerk and the other officers pro
yided for in said act. And by order OF ths
Chief Justice and Associate Judges of said
court, the first session thereof will be held
at Denver, Colorado, on Tuesday, the 18th
The substance Of said act of Congress is as
follows:
AN ACT
To establish a Court of Private Land Claims,
and to provide for the settlement OF
private land claims in certain States and
Territories
Be il enacted by the Senate and House Of Repre-
ssntatiues Of ths United States Of America N
Congress assembled:
SECTION /. That there shall be, and hereby
is established court to be called the Court
of Private Land Claims, to consist OF ch1ei
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 and
with the advice and consent of the Senate,
to hold their Offices for the term expiring on
the thirty-hrst day of December ammo
domini eighteen hundred and ninety.hve,
any three Of whom shan 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 APP
point clerk who shall attend all the sessions
Of the court, and deputy clerk, where mI
regular terms of the court are held. Inc
court shall also appoint stenographer VINO
shall attend all the sessions OF the court anu
perform the duties required OF him by the
The said court shall have the power to
adopt all necessary rules and regulations
for the transaction of its business ana 10
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 providedt IN IN
Revised Statutes of the United States. Each
OF said justices shall have power to admin
lister oaths and af1rmattons. 1t shall De the
duty of the United States marshal TOR 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, ana 10
attend the court IN person one or ~ oepuI{t
shall hold such sessions In the States and
Territories mentioned in this act as snail De
needful for the purposes thereon, ana shall
give notice of the times and places OF the
both the English and Spanish languages, in
one newspaper published at the capital OF OF
tS sas or Weeks the as
which publications shall be not less s
than thirty days next preceding the
times of the holding CT such ses,
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, competent attorney,
| lao in LAT wi n
be resident and citizen OF some state OF
the United States, to represent the United
States in said court And there shall be ap,
} shall be when appointed a citizen and resi-
dent of some State of the United States,
skilled in the spanish and English Ian
Euages to act as Interpreter ana trans lddor
thereof, and to perform such other services
Is may be required of him by the court
SEC. 3. That Immediately upon the organi,
notices thereof, and of the time and place OF
the first session thereof, to be published tor
period OF ninety days In one newspaper at
the City Of washington and IN one Pu3dL1s spd
Of the Territories of Arizona and New
Mexico. Such notices shall be pu ol1shed IN
both the Spanish and English Ia tguages'
and shall contain the substance of this act
SEC. 4. That 1t shall be the duty OF the
Commissioner Of the General Land once OF
, the United States, the Suryeyors-deneral
of such Territories and states. or tne
keeper of any public records who may have
possessions of any records and papers re-
laung to any land grants or claims Tor
land within said States and Territories in
s so"to u no wh Ss ANY p the
Of any person interested or by the attorney
Of the United States, to safely transmit
such records and papers to said court or 70
thereof when required By said court aSs
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 all trlalS
under this act when the person testitying ls
dead, so far as the subject matter lnefeot
give it such weight as, in its Judgment, un'
der all the circumstances, 1t ought to have.
SEC. g. That it shall be lawful tor any
person or persons or corporation or thelr
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 of
cession 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-
cided upon by lawful authority, and which
are not already complete and perfect in
every such case, to present a petition in
writing to the said court ID the state or
where tie 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
particularly 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 1heIeof otheTwise than
,, 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
, been confirmed, considered or acted upon
! by Congress or the authorities of the United
States, or been heretofore submitted to any
authorities constituted by law for the ad.
the said territory so acquired, and by them
reported on unfavorably or recommended
for confirmation, or authorized to be sur
that the validity of such title or claim may
be inquired into and decided.
Anu 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 iled, after due notice, or on the
petition and the answer or answers of any
= person OF persons interested in preventing
any claim from being ESTE blished, 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
citation to any adverse possessor or claim.
ant, shall Immediately after the filing of the
same be served on such possessor or claim.
such process in the proper State or Terri,
tory, and in like manner on the attorney
for the United States; and 1t shall be the
| dntu of the attorney for the limited States