Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1891-08-19

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-
teeuth day of December in the year of our
Lord eighteen hundred and htty-three, and
the laws and ordinances of the government
from which it is alleged to have been de-
rived, and all other questions properly aris-
ing between the claimants or other parties
in the case and the United States: which de-
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. 8. That any person or corporation
claiming lands in any of the States or Ter
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 a confirmation of such
title; and on such application said court
snail proceed to hear, try and determine
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, a title so claimed to be
perfect shall be established and confirmed,
such confirmation shall be for so much land
only as such perfect title shall be found to
cover, always excepting any part of such
land that shall have been disposed of by the
United States and always subject to and
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. And
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 him
self and other claimants or persons, in
respect of any such lands shall be In any
manner affected thereby.
1t shall be lawful for, 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 IN
said court to file in said court 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 title
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 III SUCH petition VI
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 claim,
In whole or in part, and the claimant, in case
of the rejection of 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 retrial
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
duty of the attorney of the United States to
notify the Attorney In writing, of
such judgment, giving him clear state.
ment of the case and the points declded oy
by the certificate of the presiding judge OF
said court; and in any case In which such
shall not be received by the At
torney- General within sixty days next after
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 If
the Acknowledgement shall so direct, 1t shall
be the duty of the clerk of the court to
transmit the record of any cause in which
final judgment has been rendered to the At,
cases it 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.
Hrmation shall become final, the clerk of the
court In which the final decision shall be had,
shall certify that fact to the Commissioner
Of the General Land ONCE, with copy OF
plainly state the location boundaries and
areL 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-General OF the re-
,pective Territory or State, and the plat
hereof completed the tS Suryeyorhaenbe aen
r
lone, by publication once week, for four
weeks in two newspapers, one
published at the capital of the Territory, or
state, and the other. IF any such there be)
published near the land SO surveyed, such
notices to be published in both the Spanish
Ind English languages and the Surveyor
General shall retain such survey and plat
ull period of ninety days from the date
IT the first publication of notice in the news
,aper published at the capital OF the Terri
DRY or State.
If, at the expiration of such period, no OBJ
ection to such survey shall have been
lied with him, he shall approve the same
md forward it to the Commissioner OF the
,eriod of ninety days, objections are made to
uch survey, either by any party claiming
IN interest in the confirmation or by any
,arty claiming an interest in the tract EN-
uch objection shall be reduced to writing,
tating distinctly the interest of the OBJ.
ector and the grounds of his objection, and
jgned by him or MS attorney, ana hied with
n other proofs as he may produce in sup i
,ort of his objection. At the expiration of
he said ninety. days, the Surveyor General
hall forward such survey, with the objec-
ions and proofs filed in support of, or in OPP
POSITION to, such objections, and his report
hereon, to the Commissioner of the Cen
raj Land ONCE.
Immediately upon receipt of any such sur
'ey, with or without objections thereto, the
aid Commissioner shall transmit the same,
With all accompanying papers to the court
n which the final decision was made for its
of the survey and of any OBJ
ections and proofs that may have been
led, or shall be furnished; and the
aid court shall thereupon determine If the
aid survey is in substantial accordance /
With the decree of confirmation. # found /
o be correct the court shall direct its clerk {
0 indorse upon the face of the plat its ap.
roval If found to be incorrect, the court ;
hall return the same for correction in such
arttculars as 1t shall direct When any ,
uryey is finally approved by the court, #
hall be returned to the Commissioner of
he General Land Of1ce who Shall as soon :
s may be cause patent to be issued thereon :
o the confirmee. One-half of the necessary 4
expenses of making the survey and plat pro- /
ided for in this section and in respect of
,hich patent shall be ordered to be Issued, 8
hall be paid by the claimant or patentee,
nd shall be lien on said land, which may q
e enforced by the sale of SO much thereof +
s may be necessary for that purpose, after :
default of payment thereof for six months I
ext after the approval of such survey and a