Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1891-09-11

Territories.
Be it enacted by the Senate and House Of Repre-.
sentatices Of the United States Of america, in
SECTION l. That there shall be, and hereby
is established 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-hrst day of December, ammo
domini eighteen hundred and ninety-fve,
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
point clerk who shall attend all the sessions
Of the court, and a deputy clerk where
regular terms of the court are held. Inc
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 atfirmations. 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, ana shall
give notice of the times and places or 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
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
consent of the Senate, a competent attorney,
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 VINO
shall be when appointed citizen and resi-
| dent of some State of the United States,
skilled in the Spanish and English Ian
guagcs, 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 organ1-
cation of said court the clerk shali 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 d S ana
Mexico. Such notices shall be published in
both the Spanish and English languages,
and shall contain the substance OF this act.
SEC. 4. That it shall be the duty OF the
Commissioner of the General Land ONCE OF
the United States, the Surveyors-General
of such Territories and States. OF, the
keeper of any public records who may nave
accin nf INV p
latng 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
of any person interested or by the attorney
Of the United 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 papers
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 trlais
under this act " hen the person testltylng Is
dead, so far as the subject matter thereon
Is competent evidence; and the court snail
give It such weight as, in its Judgment, un-
der all the circumstances, 1t ought to nave.
SEC. g. That 1t shall be lawful Tor any
person or persons or corporation or thelr
legal representatives, Claiming lands Wllnln
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 Wlthln
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
United States which at the date of the
passage of this act have not been confirmed
| by act of Congress or otherwise, hnally 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 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
| Inc petition shall! set forth July 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 thereof, otherwise than
| by the lease or permission OF the petitioner,
the boundaries thereof, where situate, with
| map showing the same as near as may be,
and whether the said claim has heretofore
been confirmed, considered or acted upon
|
States, or been heretofore submitted to any
authorities constituted by law for the ad-
justment of land titles within the limits OF
the said territory W 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.
Ana the said court Is hereby authorized
and required to take and exercise jurisdic-
ton of all cases or claims presented by pc.
tttion 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 hled, after due notice, or on the
person or persons interested in preventing
any claim from Icing established, and the
answer of the attorney for the United
States, where he may have filed an answer,
taken; and 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
hereinbefore provided, within thirty days.
unless further time shall tor good cause
shown, be granted by the court, or judge
thereof, to enter an appearance, and plead,
answer or demur to said petition; and in
default of such plea, answer or demurrer
being made within said thirty days or
within the further time which may have
been granted as aforesaid, the court shall
proceed to hear the cause on the petition
and proofs and render final decree &C.
cording to the provisions of this act, and in
no case shall a decree be entered otherwise
than upon full legal proof and hearing; and
in every case the court shall require the
petition to be sustained by satisfactory
proofs, whether an answer or plea shall
have been filed or not.
SEC. T.. That all proceedings subsequent
to the filing of said petition shall be con-
Quoted as near as may be according to the
practice of the courts of equity of the
United States, except that the answer of the
attorney of the United States shall not be
required to be verified by his oath, and ex-
cept that, as far as practicable, testimony
shall be taken in the court or before one Of
the justices thereof; The said court shall
S All question: arisjny in cases he.
fore 1t relative to the title to the land, the
subject of such case, the extent, location
! q nd ia hal nd m nj or