Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1891-10-21
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 tn,
act Of Congress approved March y, 1871, en-
titled An act to establish Court of Private
ment of private land claims In certain States
and Territories" was duly organized at thu
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 tht
Chief Justice and Associate Judges of SAID
court, the first session thereof will be helt
Ct Denyer. COLORADO, on Tuesday the It'll
The substance of said act of Congress is a,
! follows:
AN ACT
To establish a Court of Private Land Claims
and to provide for the settlement OF
private land claims In certain States and
Territories.
Be it enacted By the Senate and House Of Repre-
sentatioes Of the United Ststss Of America In
SECTION /. That there shall be, and hereby
Is established a court to be called the Court
of Private Land Claims, to consist OF CHIEF
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-frst day of December, ammo
domini eighteen hundred and ninety-hve,
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 ap-
point clerk who shall attend all the sessions
of the court, and 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 ana 10
carry out the provisions OF this act; 10 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 ghall 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
which publications shall be not less
than thirty days next preceding the
times of the holding OF such ses,
from time to time without such publication:
SEC. q That there shall also be appointed
by the President, by and with the advice and
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-
snail 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
thereof, and to perform such other services
as may be required of him by the court.
SEC. 8. That Immediately upon the organi-
cation Of said court the clerk shali cause
the first session thereof, to be published for
q period of ninety days in one newspaper at
the City of Washington and in one published
1t the capital of the state OF COLORADO and
Mexico. Such notices shall be published In
both the Spanish and English languages,
and shall contain the substance OF TINS act
$40. .. That 1t shall be the duty OF the
the United States, the Suryeyors-Genera
of such Territories and States, or the
keeper of any public records who may have
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, ana
produce such records and papers
SEC. 8. Tnat the testimony which has
been heretofore lawfully and regularly re-
ceived by the Surveyor-GenerA OF the
proper Territory or state or BY the CON-
missioner of the General Land once, upon
any claims presented to them, respectively,
sha all be admitted in evidence in all trials
under this act when the person testltylng ls
dead, SO far as the subject matter Thereon
give 1t such weight as, in its judgment I'M
der all the circumstances, 1t ought to nave.
SEC. 8. That it shall be lawful for any
person or persons or corporation or their
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 autnority' ana winch
every such case, to present petition In
writing to the said court in the State or
Territory where said land 10 situated and
where tie said court holds It's sessions, put
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 shali set form 1uliy the
particularly state the date and form OF the
grant, concession, warrant or order OF sur
fey 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
the boundaries thereon, 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
justment of land titles within the limits OF
the said territory SO acquired, and by them
reported on unfavorably or recommended
for confirmation, or authorized to be sur
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 1urisdic-
tition in conformity with the provisions of
this act, and to hear and determine the
same, as in this act provided, on the petit
lions and proofs in case nc answer or an
swers be filed, 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 filed 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 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 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
hereinbefore provided, within thirty days.
shown, be granted by the court, or Judge
thereof, to enter an appearance. and plead,
answer or demur to said petition; and In
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