Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1891-10-15
NOTICE Of THE ORGANIZATION
OF THE
Court Of Private Land Claims

| OUull vi lIlI QIU LulIu Olulllll
| NOTICE is hereby given that the Court o
~ Private Land Claims established BY tn
act of Congress approved March 8, 1891, en-
| titled An act to establish Court of Privat
Land Claims, and to provide for the settle
ment of private land claims in certain State
and Territories" was duly organized at tn,
| City of Denver, in the state of Colorado, OF
the first day OF July, 1891, by the appoint
| ment of clerk and the other officers pro
vided for in said act And by order OF tn
court, the first session thereof Will be helt
ut Denver, Colorado, on Tuesday, the 17tf
day of November, 1891.
The substance of said act of Congress is a
follows:
To establish Court of Private Land Claims
and to provide for the settlement o:
private land claims in certain States ane
Territories.
Be it enacted by the Senats and House Of Repre-
sentatipes Of tho United States of America, IN
Congress assembled:
SECTION /. That there shall be, and hereby
is established court to be calico the Cour1
of Private Land Claims, to consist of a CHIEF
justice and four associate justices, who sha al
be, when appointed, citizens and residents
of some of the States of the United States
to be appointed by the President, by and
to hold their ofices for the term expiring on
the thirty-hrst day of December ammo
domint eighteen hundred and n1nety-hve,
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 VIII o 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 VINO
shall attend all the sessions OF the court and
court.
The said court shall have the power to
adopt all necessary rules and regulations
for the transaction of its business and TO
carry out the provisions OF this act; 10 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 aflrmations. 1t shall be the
duty of the United States marshal for any
district or Territory in which the court Is
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 ,s
needful for the purposes thereof, and SHAH
give notice of the times and places of the
holding of such sessions, by publication IN
both the English and Spanish languages, IN
such State or Territory, once a week
which publications shall be not less
th mes thirty the DAYS no nfxt e sGeh
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-
shall be when appointed citizen and resi-
dent Of some State of the United States,
skilled in the Spanish and English Ian
Euages to act as Interpreter ana translator
thereof, and to perform such other services
as may be required Of him by the court.
SEC. 3. That Immediately upon the organ1-
Lation OF said court the CLERK snail cause eau Sc
the first session thereof, to be published for
period of ninety days in one newspaper at
the City of Washington and In one published
tho ns STATE sr 81 and Ne%
Mexico. Such notices shall be published In
both the Spanish and English languages,
and shall contain the substance OF this act
SEQ. 4. That 1t shall be the duty of the
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 nave
possessions OF any records and papers re.
lating to any land grants or claims tor
land within said States and Territories in
relation to- which any petition shall be
brought under this act, on the application
81 t tiny e Gnited States. to safely transmit
such records and papers to said court or to
attend in person or BY deputy any session
produce such records and paperA
SEC 8. That the testimony which has
been heretofore lawfully and regularly re-
eeived by the Surveyor-Generai of the
missioner of the General Land ONCE, upon
any claims presented to them, respectively,
shall he admitted in evidence In all trials
under this act when the person testifying is
dead, SO far as the subject matter thereof
is competent evidence; and the court shall
give It such weight as, in its Judgment UNI
der all the circumstances, 1t ought TO nave
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 Repub bile 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
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 petition In
writing to tho said court In the State or
Territory where said iand is situated and
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
gr ant, concession, warrant or order of sur
Vey under which they claim, by whom
persons in possession of or claiming the
same, or any part thereof, otherwise than
by the lease or permission of the petitioner,
and also the quantity OF land claimed and
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-
justment of land titles within the limits of
the eaid territory 80 acquired, and by them
reported ON unfavorably or recommended
yeyed or not; and pray IN such petition
that the validity of such title or claim may
be inquired into and decided.
AND 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 filed, after due notice, or on the
petition and the answer or answers of any
person or persons interested in preventing
any claim from being established, 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
taken; and a copy of such petition, with
citation to any adverse possessor or claim.
ant, shall Immediately after the filing of the
same be served on such possessor or claim
ant In the ordinary legal manner of serving
such process in the proper State or Terri
tory, and in like manner on the attorney
for the United States; and it shall be the
duty of the attorney for the United States,
Is also any adverse possessor or claimant,
after service of petition and citation as
unless further time shall for good cause
shown, be granted by the court. or judge
thereof, to enter an appearance, and plead,
default of such plea, answer or demurrer