Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1891-10-12


| the second day of February, in the year of
| our Lord eighteen hundred and forty-eight
or the treaty concluded between the same
powers at the City of Mexico on the thir-
| teenth day of December in the year OF our
| Lord eighteen hundred and tlity-three, and
the laws and ordinances of the government
from which 1t is alleged to have been de-
rived, and all other questions properly arts
| ing between the claimants or other parties
in the case and the United States. which d.
| cree shall in all cases refer to the treaty,
law or ordinance under which such claim Is
| confirmed or rejected; and in confirming
any such claim, in whole or in part, the
court shall in its decree specify plainly, the
| location, boundaries and area OF the land
| the claim to which is so confirmed.
SEC. s. That any person or corporation
| claiming lands in any OF the states or Ter
rttories mentioned in this act under title
derived from the Spanish or Mexican Gov
eminent that was complete and perfect at
| the date when the United States acquired
sovereignty therein shall have the right
| (but shall not be bound) to apply to said
court in the manner in this court provided
for other cases for confirmation OF such
title; and on such application said court
| shall proceed to hear, try and determine
the validity of the same and the right, of
the claimant thereto, its extent, location
and boundaries, in the same manner and
with the same power as in other cases IN
this act mentioned.
If in any such case, title SO claimed to be
perfect shall be established and confirmed,
such confirmation shall be for so much land
|
cover, always excepting any part OF such
land that shall have been disposed of by the
| United States, and always subject to ana
not to affect any conflicting private interests,
rights or claims held or claimed adversely
| to any such claim or title, or adversely to
the holder OF any such claim or title. ANA
no confirmation of claims or titles in this
section mentioned shall have any effect
| other or further than as a release OF all
claim of title by the United States; and no
private right OF any person as between Mini
| self and other claimants or persons, in
respect of any such lands shall be in any
| manner affected thereby
| 1t shall be lawful tor, and the duty Of the
head of the Department OF Justice, when
ever in his opinion the public interest or the
rights of any claimant shall require 1t, to
cause the attorney of the United States i'll
said court to file in said court a petition
| against the holder or possessor of any claim
or land in any of the States or Territories
mentioned in this act who shall not have
| voluntarily come in under the provisions OF
this act, stating in substance that the tue
of such holder or possessor is open to ques-
| ton, or stating in substance that the bound
aries of any such land, the claimant or pos
SCISSOR to or OF which has not brought the
matter into court, are open to question, and
praying that the title to any such land, or
the boundaries thereof If the title be
admitted, be settled and adjudicated; and
! thereupon the court shall, on such notice to
such claimant or posSeSsor, as 1t shall deem
reasonable, proceed to hear, try and deter
mine the question stated in such petition or
arising in the matter, and determine the
matter according to law, justice and the pro,
visions of this act, but subject to all lawful
rights adverse to such claimant or possessor,
as between such claimant and possessor and
any other claimant or possessor, and subject
in this respect to all the provisions OF this
section applicable thereto.
SEC. 8. That the party against whom the
court shall in any case decide-the United
States, in case OF the confirmation OF a cla1m
In whole or in part and the claimant, in case
of the rejection of a claim in whole or in
part-shall have the right of appeal to the
Supreme Court of the United States such
appeal to be taken within six months from
the date of such decision, and in all respects
to be taken in the same manner and upon
the same conditions, except in respect OF the
amount in controversy as is now provided
by law for the taking of appeals from decis-
ions of the Circuit Courts of the United
States. On any such appeal the supreme
Court shall retry the cause, as well as the
issues of fact as of law, and may cause testi-
mony to be taken in addition to that given
in the court below, and may amend the
record of the proceedings below as truth
and justice may require; and on such retr1al
and hearing every question shall be open;
and the decision of the Supreme Court
thereon shall be final and conclusive.
Should no appeal be taken as aforesaid, the
decree of the court below shall be final and
conclusive.
Upon the rendition of any judgment of the
court confirming any claim, it shall be the
duty of the attorney of the United states to
notify the Attorney-General, In writing, of
such Judgment, giving him clear state
ment of the case and the points decided by
the court, which statement shall be verified
by the certificate of the presiding judge of
said court; and in any case In which such
statement shall not be received by the Al.
the rendition OF such Judgment the right OF
appeal on the part Of the United States
shall continue to exist until six months next
after the receipt of such statement And II
the Attorney General shall so direct, 1t shall
be the duty of the clerk of the court to
transmit the record of any cause In which
torneyGeneral for his examination. In all
cases 1t shall be the duty OF the Attorney
General to instruct the attorney for the
United States what further course to pursue
and whether or not an appeal shall be taken.
SEC. 10. That when any decision of CON
frmation shall become final, the clerk of the
court In which the final decision shall be had,
shall certify that fact to the Commissioner
the decree of confirmation, which shall
plainly state the location, boundaries and
areh of the tract confirmed. The said Com
missioner shall thereupon without delay
cause the tract SO confirmed to be surveyed
at the cost of the United States. When any
such survey shall have been made and re-
turned to the Surveyor,Genera OK the re.
thereof completed, the Surveyor-General
shall give notice that the same has been
done, by publication once week, for four
published at the capital of the Territory or
State and the other df any such there beg
published near the land so surveyed, such
notices to be published in both the Spanish
and English languages; and the Surveyor
General shall retain such survey and plat
in his ONCE for public inspection for the
full period of ninety days from the date
OF the first publication of notice in the news
paper published at the capital of the Terri
tory or State.
If, at the expiration of such period, no OBJ
lection to such survey shall have been zen
and forward it to the Commissioner of the
General Land once. If, within the said
period of ninety days, objections are made to
an interest in the confirmation or by any
party claiming an interest in the tract en-
braced In the survey or any part Thereon,
such objection shall be reduced to writing,
jector and the grounds of his objection, and
signed by him or his attorney, and filed with
the Surveyor General, with such afldaytts
port Of HIS objection. At the expiration Of
the said ninety days, the Surveyor-Gen
shall forward such survey, with the objec-
position to- such objections and his report
thereon to the Commissioner of the Gen
erll Land ONCE
Immediately upon receipt of any such sur
vey, with or without objections thereto, the
said Commissioner shall transmit the same,
with all accompanying papers to the court
in which the final decision was made for its
examination of the survey and of any OBJ
jectlons and proofs that may have been
filed, or shall be furnished and the
said court shall thereupon determine If the
said survey is in substantial accordance
with the decree of confirmation. If found
to be correct, the court shall direct Its clerk
to indorse upon the face of the plat its APP
proval. If found to be incorrect, the court
shall return the same for correction in such
particulars as 1t shall direct When any
survey is finally approved by the court, It
shall be returned to the Commissioner of
the General Land ONCE who shall as soon
as may be cause patent to be issued thereon
expenses e ben Of making the survey and plat pro.
yided for in this section and in respect of
which patent shall be ordered to be Issued,
shall be paid by the claimant or patentee,
and shall be lien on said land, which may
be enforced by the sale of so much thereof
as may be necessary for that purpose, after
a default of payment thereof for six months