Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1891-08-29
NOTICE OF THE ORGANIZATION
OF THE
Court Of Private Land Claims

NOTICE is hereby given that the Court o.
IN Private Land Claims, established by the
act of Congress approved March 8, 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 or
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 the
Chief Justice and Associate Judges of sale
court, the first session thereof Will be helC
at Denver, Colorado, on Tuesday, the It'll
day of November 1891.
follows:
AN ACT
To establish Court of Private Land Claims
and to provide for the settlement OF
private land claims in certain States ano
Territories.
Be it enacted By the Senate and House Of Repre-
sentatiUeS 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 a ch1el
Justice and four associate justices, who shall
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-1ye,
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 ap-
point clerk who shall attend all the sessions
regular terms of the court are held. The
court shall also appoint stenographer who
shall attend all the sessions OF the court ana
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 afirmations 1t shall be the
duty of the United States marshal Tor 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 ana 10
attend the court in person or by deputy
when SO directed by the court. The court
| 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 publlcatlon IN IN
one newspaper published at the capital OF
such State or Territory, once a week
for. two successive weeks, the last OF
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
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 ana resi-
skilled in the Spanish and English Ian
guages, to act as Interpreter and translator
In said court, to attend all the sessions
and to or suSR R
SEC. 3. hatimmediately upon the rgani-
cation 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
the City of Washington and in one published
at the capital of the State of Colorado and
of the Territories of Arizona and New
Mexico. Such notices shall be published IN
both the Spanish and English languages,
and shall contain the substance OF this act.
SEQ. 4. That it shall be the duty OF the
| Commissioner of the General Land ONCE OF
the United States, the suryeyors-General
of such Territories and States, or the
keeper of any public records who may nave
possessions of any records and papers re.
|
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
thereof when required BY said court, ans
produce such records and paperA
SEC. 8. 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 lie admitted in evidence In all trials
under this act when the person testify1ng 1s
dead, so far as the subject matter thereof
is competent evidence; and the court snail
give 1t such weight as in ITS judgment, I'M
der all the circumstances, 1t ought to nave.
SEC. &. That it shall be lawful tor 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 Republic 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
and confirm by virtue OF the treaties OF
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 sucn case, to present a petltlon IN
Territory where said land is situated and
where the 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 ue designated by the rules OF the court.
The petition shall set forth tully the
nature OF their claims to the lands. and
| thal ata N fnrI Of hn
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 aso the quantity of land claimed and
| the boundaries thereof, where situate, with
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 said territory so acquired, land 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 jur1sdiC-
ton of all cases or claims presented by pc
fition 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 tiled after due notice, or on the
petition and the answer or answers of any
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,
and such testimony and proofs as may. be
taken; and copy of such petition, with a
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
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 az