Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1891-08-13

Cnlef justice ana Associate Judges OF SalC
court, the first session thereof will be held
at Denver, Colorado, on Tuesday, the l7tt
day OF November, 1891.
The substance of said act of Congress Is as
follows:
AN ACT
To establish Court of Private Land Claims
and to provide for the settlement OF
private land claims in certain States and
Territories.
Be enacted By the Senaie aad House Of Repre-
SeHtdtiUeS Of the LlGeH states Of AnteTlcd, in
Congress dSSe3Hbied:
SECTION /. That there shall be, and hereby
Is established a court to be called the Court
OF Private Land Claims, to consist of chief
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-tlrst day of December, ammo
domini eighteen hundred and ninety-ive,
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 APP
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
for 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 aftirmations. 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 week
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. z. 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
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 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
rs may be required of him by the court.
SEC. 3. That Immediately upon the organt-
zation of said court the clerk shall cause
notices thereof, and of the time and place OF
the first session thereof, to be published tor
a 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
If the Territories of Arizona and New
Mexico. Such notices shall be published In
Doth the Spanish and English languages,
and shall contain the substance of this act
SEC. 4. That it shall be the duty of the
of the General Land Office OF
he United States, the Surveyors-Genera
If such Territories and States, or the
possessions Of any records and papers re
ating to any land grants or claims for
and within said States and Territories in
relation to which any petition shall be
Of any person interested or by the attorney
81 the United States, to safely transmit
suCh 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
oeen heretofore lawfully and regularly re-
,eived 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,
shall be admitted in evidence In all Trials
lnder this act when the person test1tylng Is
lead, SO far as the subject matter thereof
IS competent evidence; and the court snail
give 1t such weight as, in its judgment, I'M
Ter all the circumstances, 1t ought TO nave.
@ ~ nNI,,t oh, ha 1n,tr Il for
person or persons or corporation or their
egal representatives, claiming lands within
.he limits of the territory derived by the
United States from the Republic OF Mexico
and now embraced within the Terr1torles 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
.ession 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-
,ided 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
N 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
by the lease or permission of the petitioner,
and also the quantity of land claimed and
Tie boundaries thereof, where situate, with
n lh ~ in pr n c n
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-
ustment of land titles within the limits of
he said territory so acquired, and by them
reported on untavorably or recommended
or confirmation, or authorized to be sur
Keyed or not; and pray in such petition
hat the validity of such title or claim may
De inquired into and decided
Ana the said court Is hereby authorized
md required to take and exercise jurisdiC-
,ition in conformity with the provisions of
his act, and to hear and determine the
'ame, as in this act provided, on the petit
ions and proofs in case no answer or an
'wers be filed, after due notice, or on the
petition and the answer or answers of any
person or persons interested In preventing
my claim from being established, and the
answer of the attorney for the United
states, where ne may nave uleu du answer,
and such testimony and proofs az may be
AIKEN; and copy of such petition, with a
station to any adverse possessor or claim
int, shall Immediately after the filing of the
'ame be served on such possessor or claim
Int in the ordinary legal manner of serving
Iuch process in the proper State or Terri
DRY, and in like manner on the attorney
.or the United States; and 1t shall be the
iuty of the attorney for the United States,
Is also any adverse possessor or claimant,
after service of petition and citation as
1ereinbefore provided, within thirty days,
Unless further time shall for good cause
hown, be granted by the court, or judge
hereof, to enter an appearance, and plead,
answer or demur to said petition; and In
lefault of such plea, answer or demurrer
being made within said thirty days or
within the further time which may have
)een granted as aforesaid the court shall
proceed to hear the cause on the petition
ind proofs, and render final decree &C.
,ording to the provisions of this act, and in
10 case shall decree be entered otherwise
han upon full legal proof and hearing; and
n every case the court shall require the
petition to be sustained by satisfactory
proofs, whether an answer or plea shall
lave been filed or not.
SEC. 7. That all proceedings subsequent