Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1891-08-05

, powers at the City of Mexico on the thir
teenth day OF December in the year of Oul
LORD eighteen hundred and tlfty-three, ant
the laws and ordinances of the government
from which it is alleged to have been de
|. rived, and all other questions properly arts
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, any su en-, Glaim In whole or in part the
location, boundaries and area of the land
the claim to which is so confirmed.
SEC, 9. That any person or corporation
Claiming lands in any of the States or Ter
fltor1es mentioned in this act under title
derived from the Spanish or Mexican Gov
eminent that was complete and perfect al
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
tor other, cases for confirmation of such
Title; and on such application said court
snail proceed to hear, try and determine
the validity of the same and the right OF
the Cla imant thereto It's 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
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.
- II
head of the Department of Justice, when
ever in his opinion the public interest or the
rights OF any claimant shall require it, to
cause the attorney of the United States in
said court to file in said court a 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 INSTANCE that the title
| OF such holder or pOSSesSor Is open to ques-
tion 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 in such petition or
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 30 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
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
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
court confirming any claim, it shall be the
duty of the attorney of the United States to
notify the Attorney General, in writing, of
such judgment giving him clear state
ment of the case and the points decided by
the court, which statement shall be verified |
by the certificate of the presiding judge of
statement shall not be received by the At
torney-General within sixty days next after
the rendition OF such judgment the right of
appeal az .; lon on the part OF the United states
after the receipt of such statement. And If
the Attorney-General 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
torneyGeneral for his examination. In all
cases it shall be the duty of the Attorney
United States what further course to pursue
and whether or not an appeal shall be taken.
SEC 10. That when any decision of con-
shall become final. the clerk of the
shall certify that fact to the Commissioner
of the General Land ONCE, with copy of
the decree of confirmation, which shall
plainly state the LOCATION, boundaries and
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-
spective Territory or State, and the plat
thereof completed, the Surveyor General
shall give notice that the same has been
done, by publication once week, for four
consecutive weeks in two newspapers, one
published at the capital of the Territory. or
State. and the other. df any such there be-
notices to be published in both the Spanish
and English languages; and the Surveyor
General shall retain such survey and plat
IN his ONCE for public inspection for the
tull period of ninety days from the date
If the first publication of notice In the news.
PAPER 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
j General Il Land Once #, within the said
'uch survey, either by any party claiming
IN interest in the confirmation or by any
party claiming an interest in the tract EN-
uch obection Snail Be n reduced ITO to Writing,
stating distinctly the interest of the OBJ
ector and the grounds of his objection, and
tgned by him or his attorney, and filed with
he Surveyor General, with such affldavits
'r other proofs as he may produce In sup
oort of his objection. At the expiration of !
he said ninety days, the SurveyorG General
ions and proofs filed In support of, or in OPP
position to, such objections and his report ,
hereon, to the Commissioner of the Gen
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 w.
n which the hnal decision was made for its n
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 I
With the decree of confirmation. If found {
o be correct the court shall direct its clerk S
indorse upon the face of the plat its APP {
royal If found to be incorrect, the court t
hall return the same for correction in such g
as 1t shall direct When any l
uryey is finally approved by the court, #
hall be returned to the Commissioner of t
he General Land ONCE, who shall as soon +
s may be cause patent to be issued thereon r
o the confirmee. One-half of the necessary a
expenses of making the survey and plat pro- .
tded for in this section and in respect of t
,hiGh patent shall be ordered to be Issued, h
hall be paid by the claimant or patentee, s
nd shall be lien on said land, which may
e enforced by the sale of so much thereof e
8 may be necessary for that purpose after t
default of payment thereof for six months e
ext after the approval of such survey and t
lat; and no patent shall issue until such a
ayment. t
SEC. IL. That the provisions of this act n
nall extend to any city lot, town lot, village e