Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1891-10-20
NOTICE OF THE ORGANIZATION
OF THE
Court Of Private Land Claims

NOTICE is hereby given that the Court Of
~ Private Land Claims, established by the
act of Congress approved March 3, 1891, en-
titled AN act to establish Court of Private
Land Claims, and to provide for the settle
ment of private land claims in certain States
and Territories" was duly organized at The
City of Denver, in the state of Colorado, OF
the first day Of July, 1891, by the appoint
vided for In said act. And by order of the
Chief Justice and Associate Judges of sait
court the first session thereof will be helc
at Denver, Colorado, on Tuesday, the l7tf
The substance Of said act of Congress is AZ
follows:
To establish Court of Private Land Claims
private land claims In certain States anc
Territories
Be il enacted by the Senate and House Of Repre-
sentatives Of tho United States Of America, IN
Congress assembled:
SECTION l. That there shall be, and hereby
of Private Land Claims, to consist OF CHIEF
justice and four associate justices, VINO sha
be, when appointed, citizens and residents
of some of the States of the United States
with the advice and consent of the Senate
to hold their offices for the term expiring on
the thirty-frst day of December, ammo
domini eighteen hundred and ninety.hve,
any three of whom shall constitute
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
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 ana regulations
for the transaction of its business ana 10
carry out the Ct TINS act 10 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 afirmattons. 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
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 Tor the .nere9I ana Of the
holding of such sessions, by, publication IN
both the English and Spanish languages, In
one newspaper published at the capital OF
ueh State or once n. ast OK
Which publications shall be not less
than thirty days next preceding the
times of the holding Of such SEES,
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
consent OF the Senate, competent attorney,
learned in the law, who shall when appointed
~ -INI af anna n ~
the United States, to represent the United
States in said court And there shall be APP
pointed by the said court person who
Ihal be when appointed citizen and resi-
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
rs may be required of him by the court
SEC. 8. That Immediately upon the rganl-
Eation of said court the clerk shall cause
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
CITY OF ana IN 9he and
Of the Territories of Arizona and New
Mexico. Such notices shall be published In
both the Spanish and English languages,
Ind shall contain the substance OF this act.
SEC. 4. That 1t shall be the duty OF the
Of the General Land once or
the United States, the Surveyors-Genera
Of such Territories and States. or the
keeper of any public records who may nave
[ating 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
aye i9e
such records and papers to said court or to
hereof io W when required b SAID Court ana
produce such records and papexA
SEC. 3. That the testimony which has
been heretofore lawfully and regularly re-
seived by the Surveyor-General OF the
proper Territory or State or by the Com
missioner of the General Land once, upon
my claims presented to them, respectively,
Ihall be admitted in evidence in all trials
under this act when the person testitylng is
dead, so far as the subject matter thereof
Is competent evidence; and the court shall
rive 1t such weight as, in its judgment, I'M
der all the circumstances, 1t ought to have.
SEC. 8. That it shall be lawful for any
person or persons or corporation or their
legal representatives. claiming lands within
United States from the Republic OF Mexico
md now embr aced 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
10 the United States are bound to recognize
Ind confirm by virtue of the treaties of
ccssion of said country by Mexico to 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
avery such case, to present z petitlon IN
Territory where said land is situated and
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
state the date and form OF the
grant, concession, warrant or order of sur
tey under which they claim, by whom
made, the name or names of any person or
in possession OF or claiming the
same, or any part thereof otherwise than
by the lease or permission OF the petitioner,
md also the quantity of land claimed and
the boundaries thereof, where situate, with
q 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
constituted by law for the ad-
justment of land titles within the limits OF
the said territory SO acquired, and by them
reported on untavorably or recommended
for confirmation, or authorized to be sur
veyed 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-
Eton 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 fled, 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 fled an answer,
and such testimony and proofs as may be
taken; and copy of such petition, with
citation to any adverse possessor or claim.
ant, shall Immediately after the fling 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 1t shall be the
duty OF the attorney for the United States,
rs also any adverse possessor or claimant,
after service of petition and citation as
provided, within thirty days,
unless further time shall for good cause
shown, be granted by the court or q Judge
thereof, to enter an.appearance,, and plead,
answer or demur to Bald petition; and in
default Of such plea, answer or demurrer
being made within said thirty days or
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