Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1891-10-22
NOTICE Of THE ORGANIZATION
OF THE
Court Of Private Land Claims

NOTICE is hereby given that the Court OF
IN Private Land Claims, establ1shed by the
act of Congress approved March 3, 1891, en-
titled IAN 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, on
the first day of July, 1891, by the appoint
ment of a clerk and the other officers pro
vided for in said act. And by order OF the
Chief Justice and Associate Judges OF sac
court, the first session thereof will be held
at Denver, Colorado, on Tuesday, the l7tn
day of November, 1891.
The substance of said act of Congress is as
follows:
To establish Court of Private Land Claims,
and to provide for the settlement OF
private land claims in certain states ana
Territories.
Be it enacted By the Sendte and House Of Repre-,
sentatiues Of tho United states of America, in
Congress assembled:
SECTION /. 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, VINO snail
be, when appointed citizens and residents
of some of the States of the United states,
to be appointed by the President, by ana
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 n1nety-h I'VE,
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; wnere
regular terms of the court are held. Inc
court shall also appoint stenographer VINO
shall attend all the sessions OF the court anu
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 anu IT,, 10
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
Revised Statutes of the United States. Each
OF said justices shall have power to admin
lister oaths and aflrmations. 1t shall be the
duty of the United States marshal TOR any
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
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
one newspaper published at the capital OF
such State or Territory, once a week
for two successive weeks, tho last OF
which publications shall De not less ths
times of the holding of such SEES,
sions but such sessions may be adjourned
from time to time without such puollcat1on;
SEC 2 That there shall also be appointed
by the President, by and with the advice and
consent OF the Senate, a competent attorney,
learned in the law, who shall when appointed
be a 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 VINO
shall be when appointed citizen and resi-
dent of some State of the United States,
skilled in the Spanish and English Ian
ruages, to act as Interpreter and translator
In said court, to attend all the sessions
thereof and to perform such other services
as may be required of him by the court
SEC. 3. That Immediately upon the organ,
cation of said court the clerk shall cause
notices thereof, and of the time and place OF
the first session thereof, to be published 1ot
a period of ninety days In one neWspapet q,
the City of Washington and in one published
at the capital OF the state OF COLORADO ana
of the Territories of Arizona and New
Mexico. Such notices shall be bl1shed IN
both the Spanish and English languages
and shall contain the substance of this act.
SEC. 4. That 1t shall be the duty OF the
Commissioner Of the General Land once OF
the United States, the SurYeyors-GeneIa
of such Territories and states. or the
keeper of any pubic records who may nave
possessions Of any records and papers re.
lating to any land grants or claims for
land Within said States and Territories in
to which si. any petition sha oe
Of any person interested or by the attorney
Of the United States, to safely transmit
such records and papers to said court or to
eaf Rn y SSsDa
produce such records and paperA
SEC. 8. That the testimony which, mas
been heretofore lawfully and regularly re-
ceiyed 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 az trlais
under this act when the person testltylng Is
dead, so far as the subject matter lnere9i
is competent evidence; and the court snail
give 1t such weight as, in its judgment, I'M
der all the circumstances, II ought 70 nave.
SEC. s. That it shall be lawful tor any
person or persons or corporation or tnelr
legal representatives, claiming lands within
the limits of the territory derived by the
United States from the Repupl OF Mexico GO
and now embr aced within the Territories OF
New Mexico, Arizona or Utah, or Wlthlh
the States of Nevada, Colorado or Myo-
ming by virtue of any such spanish OF MEX
lean grant, concession, warrant OF survey
as the United States are bound to recognize
and confirm by virtue OF the treatles OF
cession of said country by Mexico TO the
United States which at the date OF the
passage Of this act have not peen Gonnrm ds
cided upon by lawful authority, and which
are not already complete and perfect IN
| every such case, to present petition IN
| writing to tho said court In the State or
TERRITORY where said land Ia 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 he designated by the rules of the court.
| The petition shall set forth July the
nature of their claims to the lands, and
particularly state the date and form Of the
| arant concession, warrant or order OF sur
yey 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 thereof, where situate, win
| q map showing the same as near as may De,
| and whether the said claim has heretofore
by Congress or the authorities of the United
| States, or been heretofore su bmitted to any
authorities constituted by law tor the al
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
veyed or not; and pray IN such petition
! that the validity of such title or claim may
And the said court is hereby authorized
and required to take and exercise jurisdic'
ton of all cases or claims presented by pc
tition 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
petition and the answer or answers OF any
person or persons interested in preventing
any claim from being ESTE blished, and the
answer of the attorney Tor the United
States, where he may have filed an answer
and such testimony and proofs as may bt
taken; and copy Of such petition, with q
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 pc tht
duty OF the attorney for the United States
Is also any adverse possessor or claimant
after service of petition and citation a.
hereinbefore provided, within thirty days
unless further time shall for good caus'
shown, be granted by the court, or judg!
thereof, to enter an appearance, and plead
answer or demur to said petition; and II
default Of such plea, answer or demurrer
being made within said thirty days o.
within the further time which may hav'
1 heen granted az aforesaid, the court shall