Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1891-08-27

court, the first session thereof will be he'll
At Denver, Colorado, on Tuesday, the ut
day of November, 1891.
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 o
private land claims in certain States ant
Territories.
Be ii enacted By the Senate and House Of Repre-
SehtdftceS Of the United states Of Anaertca, il
congress assembled.
SECTION l. That there shall be, and hereby
is established court to be called the Cour
OF Private Land Claims, to consist of a CHIEF
justice and four associate justices, who shall
be- when appointed. citizens and residents
10 be appointed by the President, by and
with the advice and consent of the Senate
TO mold their Offices for the term expiring on
the thirty-iirst day of December ammo
domini eighteen hundred and ninety-fve
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. The
court shall also appoint a 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 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 for any
G1StTirt fIpTritnfU n which
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 tor 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
such State or Territory, once a week
for two successive weeks, the last, OF
which publications shall be not less
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
oldlCo III oellu IOull l. anu IuCl Z oudll NC W
pointed by the said court, a person who
shall be when appointed citizen and resi-
lent of some state of the United States,
KILLED in the Spanish and English Ian
Buages, to act as Interpreter and translator
n said court, to attend all the sessions
hereof and to perform such other services
rs may be required of him by the court.
SEC. 3. Thatimmediately upon the organt-
,ation of said court the clerk shall cause
notices thereof, and of the time and place of
he first session thereof to be published for
| period of ninety days in one newspaper at
he City of Washington and in one published
It the capital of the State of Colorado and
II the Territories of Arizona and New
dex1Co. Such notices shall be published in
10Th the Spanish and English languages,
md shall contain the su distance OF this act.
SEC. 4. That it shall be the duty of the
Commissioner OF the General Land ONCE OF
he United States, the Surveyors-General
# such Territories and States, or the
,eeper of any public records who may have
possessions OF any records and papers re-
ating to any land grants or claims for
and within said States and Territories in
citation to which any petition shall be
'rought under this act on the application
# any person interested or by the attorney
# the United States, to safely transmit
UGH records and papers to said court or to
ttend in person or by deputy any session
hereof when required by said court, ana
roduce such records and paper&
SEC. 8. That the testimony which has
een heretofore lawfully and regularly re-
eived by the Surveyor-General of the
roper Territory or state or by the Com
missioner OF the General Land ONCE, upon
ny claims presented to them, respectively, |
hall be admitted in evidence in all trials
nder this act when the person testitying is
cad, SO far as the subject matter thereof |
competent evidence; and the court shall |
i've 1t such weight as, in its judgment, I'M
er all the circumstances, II ought to have. |
SEC. 6. That it shall be lawful for any |
erson or persons or corporation or their
egal representatives, claiming lands within |
he limits of the territory derived by the
United States from the Republic of Mexico |
nd now embraced within the Territories of |
lew Mexico, Arizona or Utah, or within |
he States of Nevada, Colorado or Wyo- |
11ng, by virtue OF any such Spanish or Mex
can grant, concession, warrant or survey |
s the United States are bound to recognize |
nd confirm by virtue OF the treaties of |
ession of said country by Mexico to the
assage of this act have not been confirmed .
y act of Congress or otherwise, finally de-
ided upon by lawful authority, and which
re not already complete and perfect in
very such case, to present petition in
yriting to the said court in the State or
erritory where said land is situated and
here the said court holds its sessions, but
asses arising in the States and Territories
l which the court does not hold regular
essions may be instituted at such place as
lay be designated by the rules OF the court.
The petition shall set forth fully the
ature of their claims to the lands, and
state the date and form of the
rant, concession, warrant or order of sur
ey under which they claim, by whom
lade, the name or names OF any person or
ersons in possession OF or claiming the
anne, or any part thereof, otherwise than
y the lease or permission of the petitioner,
nd also the quantity of land claimed and
re boundaries thereof, where situate, with
map showing the same as near as may be,
nd whether the said claim has heretofore
cen confirmed considered or acted upon
y Congress or the authorities Of the United
tates, or been heretofore submitted to any
lthoritieS constituted by law for the ad-
of land titles within the limits of
lie said territory SO acquired, and by them
eported on untavorably or recommended
n confirmation, or authorized to be sur
eyed or not; and pray in such petition
lat the validity of such title or claim may
: inquired into and decided.
Ana the said court is hereby authorized
ld required to take and exercise jurisdic-
on of all cases or claims presented by Pc
ton in conformity with the provisions of
lis act, and to hear and determine the
lme, as in this act provided, on the peti.
ons and proofs in case nc answer or an
vers be filed, after due notice, or on the
et1t1on and the answer or answers of any
,rson or persons interested in preventing
~ claim from being este blished, and the
lswer OF the attorney for the United
.ates, where he may have filed an answer,
Id such testimony and proofs as may be
ken; and copy of such petition with a
tation to any adverse poSsessor or claim
1t, shall Immediately after the filing of the .
me be served on such possessor or claim
1t in the ordinary legal manner of serving ,,
ch process in the proper State or Terri ,
ry, and in like manner on the attorney
r the United States; and it shall be the s.
lty of the attorney for the United States,
also any adverse possessor or claimant, .
ter service of petition and citation as
provided, within thirty days, ,,
Hess further time shall for good cause !, ,
own, be granted by the court, or judge
ereof, to enter an appearance, and plead,
lswer or demur to said petitions and in q
fault of such plea, answer or demurrer !
ing made within said thirty days or :
thin the further time which may have !
en- granted as aforesaid, the court shall !
oceed to hear the cause on the petition
Id proofs, and render final decree &C. : :
riding to the provisions of this act, and in :
case shall decree be entered otherwise !.
an upon full legal proof and hearing; and :
every case the court shall require the =
tition to be sustained by satisfactory y
oofs whether an answer or plea shall :
We been filed or not.
SEC 7. That all proceedings subsequent l.
tho R1ipu Of aJ1 potitioy oh al H., -,